Court rules in favour of father shot by police, awarding R250 000 in damages

A father of four, shot at close range with rubber bullets by police following a service delivery protest he did not attend, has been awarded 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 after the protest, to ensure that his family inside the car was safe.

He turned to the high court in North West, where he claimed R500 000 in damages from the police.

The 38-year-old plaintiff broke down in tears as he testified about his ordeal.

The police, meanwhile, opted to call no witnesses to refute his version, and they conceded liability.

Gasetingwe testified that he sustained his livelihood by operating a tuckshop, and he was also engaged in community affairs as a liaison officer.  

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 noted that the police, for their part, chose not to call any witnesses or present any evidence in rebuttal. The plaintiff’s testimony, therefore, stood unchallenged. 

The judge 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. 

She added that the award in this case must not only compensate the plaintiff for his pain and suffering, but it must also affirm constitutional rights and signal this court’s disapproval of gratuitous police violence, and deter similar abuses in the future.

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