The South African Police Service has a legal duty to foster an environment of safety and security for all citizens. They carry the fundamental responsibility of protecting the rights of citizens in South Africa. However, many South African citizens suffer physical abuse, violent assaults, and inhumane treatment at the hands of police officials. This article will outline the legal recourse available to a person who has been wrongfully assaulted by the police and/or suffered injuries due to police misconduct. This question will be answered in light of the recent case of Zonela v The Minister of Police.
Police Brutality
Section 205(3) of the Constitution states that the objectives of the police service are to prevent, combat, and investigate crime. Furthermore, the police carry the legal duty to maintain public order and to uphold and enforce the law.
Instead of maintaining the public order, according to the Independent Police Investigative Directorate (IPID), more than 5000 cases have been reported in the past year, which involve police misconduct. These cases range from unlawful killings to torture, corruption, and sexual violence.
According to the 2023/2024 IPID Annual Performance Report, 5,136 police-related incidents were recorded. The report revealed 460 deaths due to police action. A further 212 people died while in police custody. The report further highlighted 273 cases of torture, a 20% increase, in the Western Cape, Eastern Cape, and KwaZulu-Natal.
Zonela vs The Minister of Police
The facts of the case were as follows: On or about 18 and/or 19 November 2016 in the Eastern Cape, the plaintiff was shot by members of the South African Police Service who were on duty and acting within the scope of their employment.
The plaintiff testified that on the day of the incident, he was driving along Chatham Street intending to join Sutherland Street in Mthatha, and then onto the R61 towards Ngqeleni. He had a passenger in his vehicle. When approaching the stop sign at Chatham Street and before joining Sutherland Street, he saw police officers and police cars parked on the side of the road with flashing blue lights.
A police officer flagged him down and when he was about to stop, he was told to continue driving but to reduce his speed. He complied with the instructions. He then heard gunshots. When he looked in the rear-view mirror, he saw police officers shooting at his vehicle. He realised that he could not move his lower body, and the vehicle he was driving stalled. In terms of the facts, there was no reason why the police shot him.
The plaintiff argued that the shooting was a result of wrongful and unlawful conduct by the police, as they had no reason to shoot him. As a result of the shooting, the plaintiff was shocked, discomforted, and suffered injury to his person and dignity and was deprived of his liberty and enjoyment of amenities of life, and lost his employment and income as a taxi operator.
The court held that the Minister of Police is liable to the plaintiff for the proven or agreed damages suffered as a result of injuries sustained when members of the South African Police Service shot him.
When an individual is wrongfully assaulted or suffers injuries due to police misconduct, depending on the nature of the circumstances, the injured victim could possibly have a claim against the Minister of Police. Should you believe that you have been wrongfully assaulted and/or suffered injuries due to police misconduct, feel free to contact us or book a consultation for further expert legal advice.
Reference list:
- The Constitution of the Republic of South Africa, 1996.
- Zonela v Minister of Police (3306/2018) [2020] ZAECMHC 45 (17 September 2020)
- South Africa’s police misconduct crisis | Key statistics from the IPID Report (16-06-2025)
- https://iol.co.za/weekend-argus/news/2025-03-01-south-africas-police-misconduct-crisis–key-statistics-from-the-ipid-report/
While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.