Minister of Safety and Security v Mohofe

A plain-clothes police inspector, Nemengaya, observed three armed men fleeing from a shop he suspected had been robbed in central Johannesburg. Acting in accordance with police training, he announced that he was a police officer and ordered them to stop. One suspect, Sibeko, fired at Nemengaya; the shot missed the officer but struck and killed an innocent bystander, Johannes Mohofe. Nemengaya later apprehended Sibeko. Mohofe’s mother sued the Minister of Safety and Security for loss of support, alleging that Nemengaya acted wrongfully and negligently by alerting the armed suspects to his presence in a crowded area, thereby causing Sibeko to fire into a crowd.

The appeal was upheld with costs. The High Court’s order was set aside and replaced with an order dismissing the plaintiff’s claim with costs.

The case clarifies the application of negligence principles to police conduct in fast-moving, dangerous situations. It affirms that police officers acting in accordance with training and duty are not negligent merely because their lawful intervention triggers a criminal response causing harm to bystanders. The judgment underscores the importance of balancing foreseeable risks against the societal utility of policing and cautions against hindsight-based assessments of police decisions.