Court dismisses negligence claim from family of slain officer shot by police girlfriend

High Court rules against family over police officer's death.

The KwaZulu-Natal High Court has ruled against the grieving family of a slain Tactical Response Team officer in their claim against the Minister of Police.

The plaintiffs, Florence Mabhoni Kobela, the mother of the deceased and the mother of the deceased’s child, sought damages for loss of support following the tragic death of Constable Bongani Lembede, who was shot and killed by fellow police constable Thembelihle Ngcobo using a state-issued firearm on March 3, 2014.

The plaintiffs argued that senior management within the South African Police Service (SAPS) was fully aware of the volatile nature of the relationship between Lembede and Ngcobo and owed a constitutional duty of care to protect Lembede from harm.

Specifically, the plaintiffs alleged that the police were negligent under Section 102 of the Firearms Control Act by returning Ndlovu’s official firearm to her in May 2013 without conducting a formal inquiry into her fitness to possess a weapon.