– Lehlehla v Minister of Police, (1315/2014) [2022] ZAWCHC 235 (17 November 2022) (WCC)
Ms Dibakiso Alleta Lehlehla, the plaintiff (Afrikaans: “eiser”), claimed damages (Afrikaans: “skadevergoeding”) from the Minister of Police, the defendant (Afrikaans: “verweerder”), of R2.7 million before the High Court in Cape Town, from an incident that occurred on 10 August 2011 in the town of Grabouw*.
In her particulars of claim Ms Lehlehla alleged that on the day in question, at approximately 06.15, near the corner of Old Cape and Industrial Roads, Grabouw, she was “wrongfully, unlawfully, alternatively maliciously, alternatively further negligently, and without just or probable cause” shot in the right eye by members of SAPS acting in the course and scope of their employment with the defendant, and who: (a) failed to handle their firearm(s) with proper consideration for safety of members of the public; (b) failed to properly handle a firearm(s) loaded with ammunition (rubber bullets); and (c) failed to avoid the shooting of the plaintiff when by the exercise of reasonable care “he/she/they” could and should have done so.
As a result of the preceding, Ms Lehlehla lost her right eye (see paragraph [9] of the High Court judgment).
After considering all the evidence presented before it, the High Court, in paragraphs [82], [84] and [85] of its judgment came to the following conclusion …
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[This is only an extract of an article that is published in Servamus: April 2023. This article is available for purchase.]