6.4. Whether the degree of force used was proportionate to the ensuing threat to public safety, law and order a. Given that property and lives were under threat at various locations, and in light of the inability of the Police to disperse the protesters, the firing by the Army and the Police of warning shots in the air in pursuit of their stated mission which was to clear the CBD of violent protesters was proportionate. b. However, the use of live ammunition directed at people especially when they were fleeing was clearly unjustified and disproportionate. c. The use of sjamboks, baton sticks and rifle butts to assault members of the public indiscriminately was also disproportionate. 6.5. The extent of damage/injury caused a. It is undisputed that six (6) people died as a result of gunshot wounds and according to the evidence from the two major hospitals twenty three (23) people were injured as a result of gunshots and one (1) person of assault. As noted above, in addition to these persons there were eleven (11) persons who did not attend these hospitals, who were injured as a result of actions of the Military and the Police. The total number of persons injured is therefore thirty five (35). b. The six (6) dead bodies were collected from the following identifiable places: i) Slyvia Maphosa – at the corner of Inez Terrace and Kenneth Kaunda Avenue; 47 47