Teenager shot by police six years ago gets over R2m in damages

13-year old was shot in his right cheek in January 2018

A teenager who was shot by police during a protest six years ago when he was a seven-year-old has won over R2m in damages against the police ministry.

The 13-year old was shot in his right cheek in January 2018 during a community protest, which public order police attended to and alleged fired live rounds.

On Friday, Deputy Judge president Tebogo Djaje ordered the police to pay R2,328,000m to the plaintiff, – the boy’s mother.

During the judgment, Djadje said the injuries that the boy sustained were caused by the members of the SAPS.

“The merits were conceded 100% in favour of the plaintiff and the only issue to be determined was the quantum of the damages. The head of damages claimed by the plaintiff are general damages, loss of earnings and future medical expenses.

“The minor child who was not part of the protest, was shot on his right cheek and sustained serious injuries that resulted in him developing a keloid on his cheek which makes it difficult for him to fully open his mouth and suffers from continuous pain,” said the judge.

The amount to be awarded as compensation can only be determined by the broadest general considerations and the figure arrived at must certainly be uncertain, depending upon the judge’s view of what is fair in all the circumstances of the case.Deputy Judge president Tebogo Djaje

The evidence of the plaintiff was supported by several experts including oncology, psychologists and surgeons, who were able to convince the court that his keloid was caused by the bullet he suffered at the time, and they were also able to convince the court that he should be compensated.

Based on the expert reports the actuarial calculation for total loss was estimated to be around R6,343,048.

Djadje during judgment agreed with the expert that the victim should be compensated and it should not be seen as a punishment.

“It must be recognised that though the law attempts to repair the wrong done to a sufferer who has received personal injuries in an accident by compensating him in money, yet there are no scales by which pain and suffering can be measured, and there is no relationship between pain and money which makes it possible to express the one in terms of the other with any approach to certainty.

“The amount to be awarded as compensation can only be determined by the broadest general considerations and the figure arrived at must certainly be uncertain, depending upon the judge’s view of what is fair in all the circumstances of the case,” she said.

About two weeks ago, minister of police Senzo Mchunu told parliament that SAPS is facing over R2.2bn in civil claims for wrongful arrests and detentions for the 2023/24 financial year. The claims emanate from 4,153 alleged wrongful arrest incidents.

moloih@sowetan.co.za

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