High Court rules in favour of woman injured by rubber bullet during civil unrest

A woman who suffered a devastating injury when a rubber bullet struck her right eye, resulting in the surgical removal of the eye, has been awarded R2.2 million in compensation by the Police Ministry.

This significant ruling follows a decision by the High Court in Mahikeng, which granted her damages after she initially sought R3.5 million to cover her losses.

The woman was struck by the errant rubber bullet on July 11, 2019, while doing chores in her yard, while nearby civil unrest unfolded and police had attended. 

The woman, who was 19 at the time when the incident occurred and was gaining traction in her entrepreneurial business selling homemade atchar door-to-door with a monthly income of about R3 600 per month, lost all function in her right eye, and it was surgically removed and replaced with a prosthesis.

Since the replacement of her eye with the prosthesis, the woman said that it has caused her trauma as the ocular prosthesis currently fitted presents an unnatural appearance and lacks synchronous movement with the remaining functional eye. 

It was put to the court that the visible asymmetry has attracted unsolicited attention.

“Compounding the distress, the prosthesis is associated with mucosal discharge emitting an offensive odour, which exacerbates public scrutiny and contributes to the plaintiff’s ongoing embarrassment. She states further that scarring beneath the right eye, resulting from the surgical procedure, adds to her disfigurement and intensifies her emotional discomfort,” the judgment read.

Incumbent on her traumatic experience, the woman said it had “diminished her self-worth and confidence, especially as she is a young unmarried woman”, and before the incident, she was naturally extroverted and socially active, but has since experienced marked social withdrawal and a reluctance to appear in public settings.

Her claim included future medical expenses, which would include the services and consultations with ophthalmologists, occupational therapists, and industrial psychologists.

Acting judge of the high court, Roshiela Titus, said: “It is common cause that the plaintiff has endured pain and suffering, disfigurement, permanent disability and loss of amenities of life… While the first defendant (Minister of Police) has achieved a measure of success in this matter as far as the reduction in the amount of general damages is concerned, the plaintiff is largely successful in this matter, and there is no reason why the normal rule that costs follow the event should not apply.”

The payment of R2 205 567 was the calculation in respect of damages and included an amount for general damages, a calculation for loss of earnings, an amount for future medical and related expenses, assistance devices, as well as assistants. 

Cape Argus