City of Johannesburg Metropolitan Council v Ngobeni

The respondent, Patrick Ngobeni, was shot by a Johannesburg Metro Police officer, Thabo Ledwaba, during a traffic stop in Kensington, Johannesburg, on 15 September 2004. He sustained two gunshot wounds and was rendered paraplegic. Following the shooting, Ngobeni was arrested and detained while in hospital. He sued the City of Johannesburg Metropolitan Council for damages arising from wrongful shooting, arrest and detention. Ngobeni alleged that the firearm was negligently discharged by Ledwaba, while the City pleaded justification, contending that Ledwaba fired in defence of his colleague Mabaso after Ngobeni produced and pointed an unlicensed firearm at Mabaso. The High Court accepted Ngobeni’s version and found the City liable. The City appealed to the Supreme Court of Appeal.

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

The case is significant for reaffirming the proper approach to resolving mutually destructive versions of evidence and for emphasising the duty of judicial impartiality in civil trials. It underscores the limits of judicial intervention, the dangers of a judge descending into the arena, and the circumstances in which appellate courts will interfere due to material irregularities affecting a fair trial.