Nomsa Dyibishe (52) has come out victorious against the Minister of Police in the Eastern Cape High Court (Makhanda) after she was allegedly shot by SAPS officials in January 2019 during service delivery protests in Bathurst, leaving her with wounds to both legs.

The Herald reports in response, the police denied any wrongdoing, but admitted they had used force to disperse the crowd of protesters, including the use of teargas, stun grenades and rubber bullets.

However, Judge Belinda Hartle found there was no reason to reject Dyibishe’s evidence, finding rather that the police had failed to record what had happened in the house where the shooting took place.

‘I am satisfied that the evidence at least prima facie establishes that (Dyibishe) was assaulted and that by members of the SAPS or, in respect of her alternative claim, that police members discharged a firearm in her presence in circumstances where the pleaded conclusion of negligence may be drawn,’ Hartle said.

She ordered the police be held liable for such damages found to have arisen after Dyibishe was shot by the SAPS members.

The amount is yet to be decided.

Full report in The Herald

Judgment