Police ordered to pay almost R500 000 damages
A man who was shot, unlawfully arrested and detained by police in Mpumalanga in August 2020 has been awarded more than R500 000 in damages, reports the Cape Times.
Patrick Khoza suffered a dysfunctional right arm as a result of the incident, which occurred after Khoza accepted a lift in a silver hatchback, which he later learned was suspected to be stolen.
He said the driver abruptly stopped the car, claiming he needed to retrieve a spare wheel.
Khoza remained in the vehicle with the front passenger. As the driver ran, Khoza heard a gunshot and felt a burning sensation in his right arm and chest. He said he and the occupant did not shoot at the police.
Khoza was hospitalised for three days under police guard and spent one night in police cells. He was later released without being prosecuted.
The police account was disputed in the Mpumalanga High Court (Mbombela).
Sergeant Makamu testified he and a colleague received intelligence about a stolen silver hatchback.
According to the Cape Times, he claimed the driver stopped and fled. Makamu alleged that a gunshot went off from the passenger's side as they approached the car, claiming his colleague, Sergeant Nkosi, was shot in the hand.
He initially indicated a 9mm pistol with two rounds was found, but in his statement, he had described the firearm as a revolver.
Under cross-examination, he reverted to saying it was a revolver, which was later found to be a toy gun, in addition to a 9mm pistol.
When questioned why Khoza was not charged with attempted murder if he had shot Nkosi, Makamu said his team was not responsible for the charge.
Acting Judge T Ngwenya rejected the police's version, noting: ‘The evidence of gunshots originating from the wanted vehicle is untrue.’
He accepted Khoza's assertion that the revolver, which was later revealed to be a toy gun, had been planted by the police.
Ngwenya found Khoza's detention unjustified. He ordered the Minister of Police to pay Khoza R395 000 for the unlawful shooting and R135 000 for the unlawful detention.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
