Xolani Patrick Lingani v Minister of Police

During the Covid-19 level 5 lockdown on 2 April 2020, the plaintiff alleged that he was struck and injured on his left thigh by a rubber bullet fired by a member of the South African Police Service while police were enforcing lockdown regulations in Mdantsane. The plaintiff had been standing near a container spaza shop consuming a soft drink when police arrived and instructed people to disperse. Shortly thereafter, warning shots were fired. The plaintiff sustained a minor but painful injury consistent with a rubber bullet wound and received medical treatment the following day. The Minister of Police denied that SAPS members shot the plaintiff, alternatively contending that any shooting was lawful and justified under the lockdown regulations. Liability and quantum were separated, and the trial proceeded on liability only.

The defendant was held liable for such damages as the plaintiff can prove arising from the wrongful and negligent conduct of SAPS members on 2 April 2020. The costs of the trial on the separated issue of liability were reserved for determination by the court dealing with quantum.

The case reaffirms that police use of force, even during emergency regulations such as the Covid-19 lockdown, must comply with established protocols, principles of reasonableness, and constitutional safeguards. It underscores the delictual liability of the Minister of Police for unjustified and negligent use of rubber bullets and contributes to jurisprudence on accountability for police conduct during states of disaster.