Lehlehla v Minister of Police (A37/2023) [2024] ZAWCHC 107 (19 April 2024)

52 Reportability

Brief Summary

Delict — Liability of the State — Police conduct — Appellant struck in the eye by a rubber bullet fired by a police official during a demonstration on 10 August 2011 — Appellant claims damages from the Minister of Police — Court finds the Minister liable for the damages suffered by the appellant — Costs ordered against the respondent — Matter postponed sine die for determination of quantum.

## IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN)

Case No. : A37/2023

In the matter between:

DIBAKISO ALETTA LEHLEHLA

Appellant

and

THE MINISTER OF POLICE

Respondent

Coram

Henney; J et Dolamo; J et Salie; J

Date of Hearing

22 January 2024

Judgment delivered

19 April 2024

Counsel for Appellant

Adv. M Salie SC

Adv. R M Liddell

Instructed by

Adendorff Attorneys Inc.

- defences.

manner.

demonstrations' thereto .

a

property attend. a

Boland incident;

principles.

- a a

evidence.

issue deployed,

to SO , disagree. a

- singing

- "1 The defendant is held liable for the damages that the plaintiff has suffered in consequence of the incident which occurred on 10 August 2011 when she was struck in the right eye by a rubber bullet fired by a South African Police official
- 2 The defendant is ordered to pay the plaintiff's costs.
- 3 The matter is postponed sine die for the determination Of quantum.

1AGREE AND IT IS SO ORDERED:

1

nonpleaded deprecated_

Counsel for Appellant

Adv. M Salie SC

Adv R M Liddell

Instructed by

Adendorff Attorneys Inc.

Counsel for Respondent

Adv.

Instructed by

The State Attorney