Zizipho Bridgette Zide v Xhobani Security Services and Another

During violent student protests at Walter Sisulu University, Mthatha Campus on 8 June 2016, security guards employed by Xhobani Security Services and Falcon Firearm Training Academy attempted to control and disperse protesting students who were throwing rocks and bottles and threatening examinations. The appellant, a student residing at Chumani residence, sustained a severe eye injury from a rubber bullet or similar projectile. She alleged that she was unlawfully and negligently shot inside the residence by a security guard while it was quiet and without provocation, and claimed R16 million in damages for bodily injury and loss. The respondents contended that any shooting occurred outside the residences during crowd control, was justified by necessity or private defence, and that the appellant was injured while in the vicinity of, or among, the violent protesters.

The appeal was dismissed with costs, including the costs occasioned by the postponement on 5 February 2024.

The case reaffirms appellate restraint in interfering with trial court findings on credibility and factual probabilities, clarifies the distinction between overall onus of proof and evidentiary burden in civil trials, and illustrates the application of necessity, private defence, and volenti non fit injuria in the context of crowd control by private security during protests. It also underscores the importance of credibility where a plaintiff relies on single-witness evidence.