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South Africa Case Law

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Delict [2024] ZAFSHC 358

Motaung v Minister of Police (1838/2020)

Motaung v Minister of Police (1838/2020) [2024] ZAFSHC 358 (5 November 2024)

The High Court quantified damages after a wrongful police shooting claim, awarding general damages, future medical costs, assistive devices, loss of income, and costs.

  • Wrongful Shooting
  • Negligence
  • General Damages
  • Loss Of Income
  • Future Medical Expenses
  • Delict
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Delict [2023] ZAECMHC 10

Nomnganga v Minister of Police , RSA (2981/2019)

Nomnganga v Minister of Police , RSA (2981/2019) [2023] ZAECMHC 10 (14 March 2023)

The court held that the Minister failed to prove self-defence after a police officer shot the plaintiff during a chaotic armed incident near Bizana taxi rank.

  • Wrongful Shooting
  • Self Defence
  • Onus Of Proof
  • Police Liability
  • Damages
  • Credibility Of Witnesses
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Delict [2022] ZAKZDHC 53

Ngwazi v Minister of Police (7990/2016)

Ngwazi v Minister of Police (7990/2016) [2022] ZAKZDHC 53 (2 December 2022)

The court dismissed a damages claim arising from a police shootout, finding the officers’ use of force was justified by self-defence and necessity.

  • Vicarious Liability
  • Wrongful Shooting
  • Use Of Force
  • Self Defence
  • Criminal Procedure Act Section 49
  • Police-use-of-force
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Delict [2009] ZAECPEHC 38

Hart and Others v Masakhane Security (Pty) Ltd (317/08, 318/08)

Hart and Others v Masakhane Security (Pty) Ltd (317/08, 318/08) [2009] ZAECPEHC 38 (20 August 2009)

High Court case about a train shooting in which passengers claimed they were injured by security guards; the court found the defendant liable and the shooting unjustified.

  • Vicarious Liability
  • Negligence
  • Wrongful Shooting
  • Burden Of Proof
  • Assessment Of Evidence
  • Delict
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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.