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South Africa decisions
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Samorah v Minister of Police (81324/2017) [2024] ZAGPPHC 766 (31 July 2024)
The court held the Minister of Police liable after finding that a SAPS member shot the plaintiff in the eye with a rubber bullet during protest action.
Sipolo v Sipolo (115/2022) [2024] ZAECMHC 31 (16 May 2024)
The court found that the defendant's assault was the factual and legal cause of all the plaintiff's injuries, including those to the head and face. The defendant's version was inconsistent and unsupported by evidence. Medical testimony established that the injuries were inflicted by blunt force and not by falling. The defendant admitted liability for the leg injury and had no credible alternative explanation for the other injuries. Applying the but-for test, the court concluded that, absent the assault, the plaintiff would not have suffered the disputed injuries. The defendant is therefore li…
Source excerpt
Serapelo v Minister of Police (1626/2017) [2024] ZANWHC 57 (1 March 2024)
The court dismissed a damages claim arising from a rubber-bullet injury during protests, finding the police officer’s conduct justified and not negligent.
Malan v Dr FG Du Toit Inc (87250/18) [2022] ZAGPPHC 417 (17 June 2022)
The High Court found it more probable that the plaintiff told hospital staff her finger injury was a bite, and held the defendant liable for negligent treatment.
Jiyane v Passenger Rail Agency of South Africa (18678/2019) [2022] ZAGPPHC 136 (8 March 2022)
The High Court held PRASA 100% liable after finding that a train moved while the plaintiff was disembarking at Merafe station and injured her wrist.
Oosthuizen v Van Heerden t/a Bush Africa Safaris (A7/14) [2014] ZAGPPHC 449; 2014 (6) SA 423 (GP) (10 June 2014)
High Court appeal over cattle deaths allegedly caused by snotsiekte from neighbouring blue wildebeest. The appeal failed on causation and delict.
Pharmavalu Sunnyside BK and Others v Pretorius (A200/2009) [2010] ZAGPPHC 114 (9 September 2010)
The High Court upheld an appeal against damages for alleged defamation and dignity infringement after a pharmacy security incident, dismissing the respondent’s claim.
Levendal v Balakrishma (CA412/2008) [2009] ZAECGHC 50 (7 August 2009)
The High Court upheld an appeal after a man shot a fleeing suspect; it found the shooting wrongful and negligent and held the respondent liable for damages.
Trident Security Services (Pty) Limited and Another v Bakana (A10/07_) [2007] ZAWCHC 337 (5 April 2007)
Appeal over public bag search dismissed on the merits, but damages for dignity and privacy infringement were reduced from R70,000 to R30,000.
Minister of Safety and Security v Mohofe (200/06) [2007] ZASCA 21; [2007] 4 All SA 697 (SCA); 2007 (4) SA 215 (SCA); 2007 (2) SACR 92 (SCA) (23 March 2007)
The SCA held that a police officer was not negligent for announcing his presence to armed robbery suspects, even though a suspect then shot and killed a bystander.
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