Legal action follows police shooting at school protest in Eastern Cape
The shooting of a Grade 10 learner by a police officer during a protest at his school has resulted in the SAPS being held liable for his damages.
Image: Nicholas Gotsell
A protest at a local school regarding worsening conditions turned violent when police shot a student, leading to a damages claim against the SAPS.
Siphelele Totseka, the plaintiff, has filed a lawsuit against the Minister of Police in the Eastern Cape High Court, seeking compensation for the assault he suffered at the hands of the SAPS.
He testified that he was a Grade 10 learner at Madala Senior Secondary School in 2019 when the incident occurred. The students assembled for prayer as per his school schedule. Instead of singing the usual gospel songs, he, along with his fellow learners, initiated a protest concerning the dilapidated state of the school’s infrastructure.
According to the plaintiff, the school toilets were blocked, and windows were cracked, exposing them to harsh weather conditions. The protest proceeded outside the school premises and along the N2 public road, blocking traffic that was moving in both directions.
They placed stones, foreign objects, and burnt tyres. A truck driven by police arrived at the scene, whereupon the learners were teargassed. They ran inside the school yard and continued protesting. While they were singing, a police vehicle arrived. Police officers in uniform and name tags exited the vehicle.
Totseka went back to his classroom to fetch his schoolbag and decided to leave the premises thereafter. He explained that he felt uncomfortable with the manner in which the protest was progressing and no longer wished to participate.
As he was exiting the school yard, he saw a police officer at a distance pointing a firearm in his direction. He called for help, and Vuyani Qalashe, one of the teachers, came to assist as he was bleeding from his arm.
Qalashe also picked cartridges up from the scene, belonging to the police. Totseka identified a constable Velembo as the man who shot him. Velembo denied firing a shot.
Totseka was taken to hospital and doctors confirmed the bullet hole in his right arm and a fracture.
Velembo testified that he went to the school along with another officer after hearing about the strike action. They introduced themselves to the students who were singing at the protest.
He said he heard gunshots but did not see where they were coming from. According to Velembo, he was mistakenly identified as the shooter. He testified that there was no way he would ever shoot a student and claimed it was the Public Order Police Squad.
The court accepted the evidence and said the empty cartridges at the scene, identified with a “P” symbol, establish a reasonable inference that the police officer shot the plaintiff. The SAPS were held liable for the damages.
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Cape Argus