The Police Ministry has to pay more than R2.3m in damages to the mother of a teenager who was shot in the face by live ammunition used by the police during a service delivery protest in Ottosdal, North West Province.

The child’s mother claimed millions in damages from the police on behalf of her son, who was seven in 2018 when he was shot, notes a report in The Star.

The North West High Court (Mafikeng) earlier found that the SAPS was 100% liable for the damages the child had suffered.

Deputy Judge President Tebogo Djaje had to determine the amount of damages payable in respect of general damages, loss of earnings, and future medical expenses. 

The incident occurred in January 2018 in Ottosdal, where the community was protesting. The police tried to contain the protest action and live rounds were fired at members of the community.

The child, who was not part of the protest, was shot in his right cheek and sustained serious injuries that resulted in him developing a keloid on his cheek.

This makes it difficult for him to fully open his mouth, and he suffers from continuous pain.

In the determination of quantum, the child was examined by several medical experts.

Djaje commented that in determining an appropriate amount for compensation, it is important to look at comparable cases and the awards made in those matters.

However, these only serve as a guide, as each case should depend on the personal circumstances of the claimant, the severity of the condition, and its effect on their life, she said, according to The Star report.

‘It is common cause that OMM (the child) has an ugly scar on his right cheek, which affects his self-esteem. Considering the value of damages and inflation, the appropriate amount to be awarded is R550 000 for general damages,’ the judge said.

She further ordered that the Police Ministry had to pay the mother an amount of nearly R1.3m in respect of loss of earnings, as well as R500 000 for past and future medical expenses.

Full report in The Star

Judgment