The Pietermaritzburg High Court ruled that the police had negligently shot a KwaZulu-Natal pensioner during a chase, awarding him R650 000 as compensation.
The court on Wednesday found that members of the South African Police Service were responsible for shooting Jabulani David Mlabe while he was cycling home in Blaawubosch in March 2008.
Mlabe was 58 years old at the time and is now 74; he has not been able to work since the incident.
“On the day in question, at about 10:45, he was riding his bicycle and on his way home from work.
“He was riding on the left side of the road going up the road, and the police vehicle was coming from the opposite direction towards him.
“While he was still cycling, he was shot in his right leg. He fell from the bicycle; he picked it up, and people came to assist him.
“He tore a plastic bag and placed it around the wound. He was then taken to hospital. They stopped a private motor vehicle, but a police vehicle took him to the hospital,” read the court papers.
Police denied liability and argued that officers were acting in self-defense after suspects opened fire during the chase.
A senior police officer told the court that officers returned fire but claimed he did not notice any cyclist in the area at the time.
Court rejects police’s versionÂ
Judge PC Bezuidenhout rejected the police’s version, finding that the medical and factual evidence supported Mlabe’s account.
The court ruled that the shot hit Mlabe from the front, not the back, as it would have if the suspects had fired.
The injuries showed that the shot came from the direction of the police as they advanced towards him.
“After he had been shot, Mlabe informed the police, who then communicated with other officers via radio. He stayed in the hospital for a period of three days.
“The bullet could not be found. The bullet entered the inside of his right thigh and came out at the back and hit a helmet, which was tied at the back of the bicycle. The road was not very busy at the time.
“He stated that he was confused because he does not understand what the problem with the police is, as a mistake happened.
“He was plus or minus 40 metres from the police when the shot was fired. He denied that he was injured by a suspect and again confirmed that he saw the gun with the police officer at the back of the motor vehicle,” read the court papers.
Honest and reliable witness
The court also found that police failed to keep a proper lookout in a built-up residential area and that there was no immediate threat to their lives that justified firing at that stage.
Bezuindenhout described Mlabe as an honest and reliable witness who remained consistent throughout his testimony.
The court ordered the minister of safety and security to compensate Mlabe for any proven or agreed damages arising from the gunshot wound. The state was also ordered to pay his legal costs.
The judgment was handed down on Wednesday, bringing closure to a case that has dragged on for nearly 17 years.
