Govender v Minister of Safety and Security

The appellant’s 17-year-old son, Justin Govender, was shot in the back by a police officer, Inspector Cox, while fleeing from an attempted arrest after being involved in the theft of a motor vehicle in Durban in June 1995. Justin was unarmed, posed no immediate threat, and was shot while running away despite prior verbal warnings and a warning shot. The bullet fractured his spine, leaving him paraplegic. The police officer acted within the course and scope of employment, and the Minister of Safety and Security relied on section 49(1) of the Criminal Procedure Act 51 of 1977 to justify the shooting. The High Court absolved the Minister from the instance, finding the use of force reasonable and lawful.

The appeal was upheld with costs, including the costs of two counsel. The matter was referred back to the High Court for the quantification of damages.

This case is a landmark decision on the constitutional limits of police use of force in South Africa. It fundamentally reshaped the interpretation of section 49(1) of the Criminal Procedure Act by aligning it with constitutional values and international standards. The judgment curtailed the use of lethal force against fleeing suspects and influenced later legislative amendments to section 49, reinforcing the protection of life and bodily integrity.