South Africa Case Law

Z.N obo C.N v Minister of Police (63901/2021)

Z.N obo C.N v Minister of Police (63901/2021) [2024] ZAGPPHC 1245 (22 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

63901/2021

Judge

Leso

The court found that the SAPS officer fired warning shots into a crowd during a protest without sufficient justification or imminent threat to life. The officer failed to account for where the bullets landed and did not follow established protocols for the use of force in crowd management. The evidence showed that only SAPS officers were present at the time of the shooting, and the plaintiff's witnesses provided consistent and corroborative testimony. The officer's actions were grossly negligent, reckless, and disproportionate, constituting a breach of the duty of care owed to the community.…

Source excerpt

• Vicarious Liability
• Negligence
• State Liability Act
• Use Of Force By Police
• Crowd Management
• Damages For Personal Injury

Nkoane v Minister of Police (3920/2020)

Nkoane v Minister of Police (3920/2020) [2023] ZAFSHC 33 (30 January 2023)

Court

Free State High Court, Bloemfontein

Case number

3920/2020

Judge

N.S. Daniso

The High Court held that police wrongfully and unlawfully shot a plaintiff in the eye with a rubber bullet during unrest, and that the Minister was vicariously liable.

• Vicarious Liability
• Wrongful And Unlawful Conduct
• Bodily Integrity Infringement
• Use Of Force By Police
• Negligence
• Delict

Masuku v Minister of Safety and Security and Another (49587/2009)

Masuku v Minister of Safety and Security and Another (49587/2009) [2016] ZAGPJHC 275 (14 October 2016)

Court

South Gauteng High Court, Johannesburg

Case number

49587/2009

Judge

Collis

The High Court held that the defendants failed to prove a lawful arrest or justified use of force, and judgment was granted for the plaintiff with costs.

• Unlawful Arrest
• Unlawful Detention
• Use Of Force By Police
• Section 40 Criminal Procedure Act
• Section 49 Criminal Procedure Act
• Onus Of Proof

Isaac v Minister of Safety and Security and Another; Prince v Minister of Safety and Security and Another (56288/2008;56285/2008)

Isaac v Minister of Safety and Security and Another; Prince v Minister of Safety and Security and Another (56288/2008;56285/2008) [2015] ZAGPPHC 825 (7 December 2015)

Court

North Gauteng High Court, Pretoria

Case number

56288/2008;56285/2008

Judge

MD MOHLAMONYANE

The High Court held that police acted lawfully and in self-defence when shots were fired during a confrontation over suspected dagga possession.

• Self Defence
• Unlawful Arrest
• Use Of Force By Police
• Damages For Assault
• Self-defence
• Police-use-of-force

Ncedani v Minister of Police (14324/07)

Ncedani v Minister of Police (14324/07) [2012] ZAWCHC 129 (1 February 2012)

Court

Western Cape High Court, Cape Town

Case number

14324/07

Judge

A.G. Binns-Ward

High Court leave-to-appeal judgment dismissing a challenge to factual findings on a police shooting, arrest, detention, and malicious prosecution claim.

• Unlawful Arrest
• Malicious Prosecution
• Use Of Force By Police
• Credibility Of Witnesses
• Adverse Inference
• Medical Evidence

Minister van Wet en Orde en 'n Ander v Ntsane (334/1991)

Minister van Wet en Orde en 'n Ander v Ntsane (334/1991) [1992] ZASCA 210; 1993 (1) SA 560 (AD); [1993] 4 All SA 203 (AD); [1993] 1 All SA 425 (A) (26 November 1992)

Court

Supreme Court of Appeal

Case number

334/1991

Judges

Van Heerden, Kumleben, F H Grosskopf, Howie, Harms

Police appeal dismissed after an unlawful shooting of a fleeing arrestee was found unjustified under section 49(1), with no proven warnings or apportionment defense.

• Unlawful Arrest
• Use Of Force By Police
• Contributory Negligence
• Damages
• Burden Of Proof
• Unlawful-arrest