The deceased, Lungile Lennox Ntamo, was shot and killed by members of the South African Police Service at Tsomo on 21 September 1994. He had been a passenger on a bus travelling from Cape Town to Umtata and became involved in an altercation with other passengers. At the Tsomo bus rank he allegedly pointed a cocked firearm at another passenger and fired a shot. Four police officers were dispatched to the scene. During an attempted intervention, the police opened fire and fatally wounded the deceased. His surviving spouse and six minor children instituted a delictual claim for loss of support against the Minister of Safety and Security. The Minister admitted that the police officers acted in the course and scope of their employment but pleaded that the killing was justified on grounds of self-defence and protection of the public.