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South Africa Case Law

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Delict [2020] ZAGPPHC 374

Muthivelo and Others v Minister of Police and Another (2757/2014)

Muthivelo and Others v Minister of Police and Another (2757/2014) [2020] ZAGPPHC 374 (2 July 2020)

Quantum judgment in a fatal shooting claim, fixing loss-of-support damages for the deceased’s mother and minor child and applying normal contingencies.

  • Loss Of Support
  • Quantum Of Damages
  • Wrongful Killing
  • Contingencies
  • Actuarial Evidence
  • Loss-of-support
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Delict [2020] ZAECMHC 13

Mayeza and Others v Minister of Police and Another (165/2012)

Mayeza and Others v Minister of Police and Another (165/2012) [2020] ZAECMHC 13 (5 May 2020)

The court found a police officer’s shooting of the deceased was not justified self-defence and held the Minister of Police vicariously liable.

  • Vicarious Liability
  • Wrongful Killing
  • Self Defence
  • Onus Of Proof
  • Self-defence
  • Police-shooting
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Delict [2019] ZAGPJHC 406

E S and Another v Minister of Police and Another (10735/2013)

E S and Another v Minister of Police and Another (10735/2013) [2019] ZAGPJHC 406 (8 August 2019)

The High Court held the Minister of Police was not vicariously liable for an off-duty officer’s fatal shooting after a road-rage collision, and dismissed the plaintiffs’ claims with costs.

  • Vicarious Liability
  • Wrongful Killing
  • Loss Of Support
  • Road Rage
  • Use Of Service Firearm
  • Vicarious-liability
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Delict [2017] ZAWCHC 98

Mdiko v Minister of Police (17042/2009)

Mdiko v Minister of Police (17042/2009) [2017] ZAWCHC 98 (13 September 2017)

High Court action for damages arising from a police shooting. The court rejected self-defence, preferred eyewitness Daba, and held the Minister liable.

  • Wrongful Killing
  • Self Defence
  • Onus Of Proof
  • Police Liability
  • Damages
  • Unlawful Killing
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Delict [2008] ZAKZHC 106

Govender v Minister of Safety and Security (4818/03)

Govender v Minister of Safety and Security (4818/03) [2008] ZAKZHC 106; 2009 (2) SACR 87 (D) (14 July 2008)

High Court delict claim against the Minister after police shot a hostage-taker. The court found the killing was not justified by private defence.

  • Wrongful Killing
  • Private Defence
  • Onus Of Proof
  • Liability Of State
  • Hostage Situations
  • Damages
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Delict [2006] ZAFSHC 38

Lipitsi and Another v Brown (05/2005)

Lipitsi and Another v Brown (05/2005) [2006] ZAFSHC 38 (12 October 2006)

High Court delict claim over a fatal shooting was dismissed after the court found the respondent acted in justified self-defence and did not exceed it.

  • Wrongful Killing
  • Self Defence
  • Objective Test For Self Defence
  • Proportionality In Defence
  • Burden Of Proof In Self Defence
  • 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.