Cape Town man loses R2.5 million claim over fire during Metro Police search

A Cape Town man, Mark Stemmet, lost a legal claim for R2.5 million in damages after a fire broke out during a search operation by Metro Police officials. The Western Cape High Court dismissed Stemmet's damages claim in September 2025, after the case was heard after a decade-long legal battle. Stemmet filed the lawsuit in September 2012, claiming his Hanover Park property and its contents were damaged by fire two years earlier during a search operation conducted by Metro Police.

Stemmet alleged that Sergeant Norman Absalon and Constable Deon Valentyn had illegally entered his property without a warrant and lit a flare, which caused the fire that destroyed his property. He also claimed the officers had neglected safety regulations and procedures, which resulted in the fire. Stemmet sought R2.5 million in damages for the restoration of his property, the damage to movable assets, and general damages.

The City of Cape Town defended the officers, stating that they had conducted a lawful search and seizure operation. They argued that one of the officers unknowingly activated a flare, which was stored in a dark room on the property, causing the flare to ignite. The court papers also stated that the police officers tried to extinguish the fire, but were unable to do so. This led to the fire services being called to the scene and extinguishing the fire.

Judge Masudah Pangarker found that the search warrant was valid and that the officers had the authority to conduct the search based on intelligence about drugs and ammunition expected to be at the property. The judge also found that there was no evidence suggesting the officers had intentionally or recklessly set the flare inside the house occupied by their colleagues. Pangarker emphasized that a flare-induced fire was not reasonably foreseeable to a reasonable police officer and dismissed Stemmet's claim with costs.