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ARTICLE · 23 JULY 2012

The Consequence Of Judicial Interference In Civil Trials

Webber Wentzel
Webber Wentzel
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Webber Wentzel

Webber Wentzel

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Webber Wentzel recently successfully appealed a matter in which the trial took a very active role in the trial.

South AfricaLitigation, Mediation & Arbitration
Gus Fichardt
Gus Fichardt
Elsa Jordaan Malan
Elsa Jordaan Malan
Raynold Tlhavani
Raynold Tlhavani

City of Johannesburg Metropolitan Council v Ngobeni (11) [2012] ZASCA 55 (30 March 2012) 

On 15 September 2004, Patrick Ngobeni (the plaintiff) was shot by Mandlakayise Lucas Mabaso (Mabaso) and Thabo Ezekiel Ledwaba (Ledwaba), two Metropolitan Police Officers who were acting within the course and scope of their employment with the City of Johannesburg (the assault).  The plaintiff was subsequently detained under police guard at the Rand Clinic and Natalspuit Hospital until his release on 8 April 2005.

As a result of the assault, which the plaintiff contended happened accidentally, the plaintiff has been left permanently paralysed.  He instituted action against the City of Johannesburg as well as Mabaso and Ledwaba for compensation amounting to several million rand for damages suffered. 

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