A father of four who was shot at close range by police with rubber bullets in the aftermath of a service delivery protest, which he did not partake in, is set to receive R250 000 in damages.

The SAPS also has to pay him a further R104 700 towards his future psychological treatment following his nightmare ordeal.

Tebogo Gasetingwe was shot in the thigh and arm while he was standing outside his car to ensure that his family inside the vehicle was safe.

He turned to the North West High Court (Mahikeng), where he claimed R500 000 in damages from the police.

The SAPS called no witnesses to refute his version, and they conceded liability. 

IoL reports that Gasetingwe testified that the assault has left him with permanent physical scars, causing him ongoing distress and humiliation.

Beyond the visible injuries, he suffers flashbacks of the incident and heightened anxiety.

The court commented that his evidence was presented in a manner that was clear, internally consistent, and emotionally congruent with the events described.

Acting Judge CSP Oosthuizen-Senekal said the court recognised that when constitutional rights are violated, the law cannot be satisfied with remedies that are hollow or symbolic; they must be meaningful, substantive, and capable of giving real effect to the rights in question.

‘This means that courts must provide relief that both restores the individual as far as possible and gives effect to constitutional values,’ the judge said.

Full IoL report

Judgment