Siyambonga Combo v Minister of Police

The plaintiff, Siyambonga Combo, was employed as a scholar transport operator for the Eastern Cape Department of Education. On 24 April 2018, during taxi-related unrest and road blockades in Mthatha, various law enforcement agencies including the South African Police Service (SAPS) were deployed. The plaintiff encountered police roadblocks while driving and alighted from his vehicle to speak to officers. He alleged that SAPS members, identifiable by their uniforms and badges, fired rubber bullets at him from close range, striking him on the right thigh. He was treated at Mthatha General Hospital on the same day. The plaintiff claimed damages of R3,015,000 for general damages and future loss of earning capacity, alleging that his injuries and a subsequent suspension of his transport contract caused loss of income. The Minister of Police denied liability and disputed both the identity of the shooters and the quantum of damages.

The defendant was ordered to pay the plaintiff R50,000 in general damages for pain and suffering. Costs were awarded against the defendant at the Magistrates’ Court scale.

The case reaffirms the principles of vicarious liability of the Minister of Police for unlawful conduct by SAPS members during crowd control operations. It also serves as a strong judicial warning against exaggerated and unsupported claims for damages, particularly against the state, and emphasises that plaintiffs bear the onus of proving quantum with proper evidence.