In August 2025, the High Court found the Minister of Police vicariously liable to compensate a claimant for loss of support following the death of her husband who was fatally shot by a police officer during a community protest.
The incident occurred during a protest action in Mpumalanga. The deceased was not part of the protest action. He was en route to work when he got caught up in the protest action. During the witness testimony at the trial, it emerged that one police officer fired a live shot at the protesters instead of rubber bullets. The bullet from that shot hit the deceased and fatally wounded him. The deceased died at the scene.
The claimant, who was married to the deceased in terms of customary law, claimed that she was financially dependent on the deceased as the sole breadwinner.
The court noted that to succeed with her loss of support claim, the claimant needed to prove that the deceased had an obligation or duty to support her financially, she was financially supported by him at the time of his death, and she needed financial support due to his death.
The court decided that the claimant had proven a legally recognised duty of support in terms of a customary marriage or a life partnership. The only reasonable inference from the evidence was that the police officer’s shot caused the death of the deceased. As a result, the Minister was vicariously liable to compensate the claimant for her loss of support due to the conduct the police officer in causing the death of the deceased.
The judgment highlights that a duty of financial support is recognised in formal marriages and customary and common law partnerships.
Nkosi v Minister of Police (2706/2017) [2025] ZAMPMBHC 68