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South Africa Case Law

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Delict [2023] ZAFSHC 33

Nkoane v Minister of Police (3920/2020)

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

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
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Delict [2016] ZAECMHC 25

Mdutyana v Minister of Police (524/2012)

Mdutyana v Minister of Police (524/2012) [2016] ZAECMHC 25 (26 May 2016)

The court found that police officials assaulted the plaintiff during a roadside stop and held the Minister of Police liable for damages and costs.

  • Assault By Police
  • Vicarious Liability
  • Wrongful And Unlawful Conduct
  • Damages For Personal Injury
  • Police-assault
  • Vicarious-liability
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Delict [2011] ZAKZDHC 61

Ngubane v Chief Executive Director of Emergency Services, Ethekwini Metropolitan Services and Another (14847/2005)

Ngubane v Chief Executive Director of Emergency Services, Ethekwini Metropolitan Services and Another (14847/2005) [2011] ZAKZDHC 61; 2013 (1) SACR 49 (KZD) (1 December 2011)

The court dismissed a damages claim after finding a police shooting was justified as self-defence when the plaintiff pointed a firearm at officers.

  • Vicarious Liability
  • Self Defence
  • Use Of Force In Arrest
  • Section 49 Criminal Procedure Act
  • Wrongful And Unlawful Conduct
  • Self-defence
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.