Phakula v Minister of Safety and Security (454/2019) [2020] ZASCA 109 (23 September 2020)

Delict – claim for damages – arrest without warrant – use of force to
effect arrest and allegedly prevent appellant from fleeing – whether shooting, arrest and detention lawful – shooting, arrest, detention and assault inextricably linked –separation of issues inappropriate – matter remitted to the high court for retrial on all issues before a different judge.