Dlanjwa v The Minister of Safety and Security

The appellant, Sanela Dlanjwa, was seriously injured when her husband, Sergeant Thandikhaya Dlanjwa, a member of the South African Police Service (SAPS), shot her with a service firearm and thereafter committed suicide. Prior to the incident, the deceased had a history of domestic violence, alcohol abuse, and threats to shoot the appellant and himself. The appellant had twice approached the police seeking assistance, reporting the deceased’s violent conduct and requesting that he be disarmed. She also obtained a protection order under the Domestic Violence Act. Despite these warnings, the police failed to take steps to confiscate the firearm or otherwise protect the appellant. She instituted a delictual claim against the Minister of Safety and Security for damages arising from her injuries and loss of support for herself and her children.

The appeal was upheld with costs. The decision of the Full Court was set aside and replaced with an order dismissing the appeal to that court with costs, thereby reinstating the trial court’s finding of liability against the Minister.

This case reinforces the constitutional and delictual liability of the police for failures to act on reports of domestic violence and firearm-related threats. It confirms that police omissions in such contexts can be wrongful and negligent, even where a complainant is reluctant to lay criminal charges, and underscores the state’s duty to protect women from domestic violence.