Petersen v Minister of Safety and Security

The appellant, Dolora Petersen, sued the Minister of Safety and Security for delictual damages on behalf of her minor son, Justin Petersen, who was shot in the leg by police during an incident in Blompark, Gansbaai, on 19 July 2002. Police officers from Operation Neptune attempted to seize a large quantity of illegally harvested perlemoen. A crowd of approximately 200 people gathered, was incited against the police, and began violently attacking them with stones, damaging vehicles and endangering officers’ lives. After rubber bullets failed to disperse the crowd and the police were unable to retreat, officers fired sharp-point ammunition in the general direction of the crowd. Justin was injured during this phase. The appellant alleged the shooting was wrongful, while the respondent pleaded justification based on necessity.

The appeal was dismissed with costs, confirming the dismissal of the appellant’s delictual claim.

The case is significant for clarifying the application of the defence of necessity in South African delict law, particularly in the context of police crowd control. It affirms that police may be justified in using force that causes harm to innocent persons where such conduct is objectively necessary, proportionate, and the only reasonable means to avert imminent danger.