The Mpumalanga High Court in Mbombela has ordered the minister of police to pay just over half a million rand in damages to Aubrey Patrick Khoza after finding that he was unlawfully shot and detained by police in 2020.
Khoza had sued for R4 million, seeking R100 000 for unlawful arrest and detention and R3.6 million for being unlawfully shot and assaulted.
However, the court awarded a lesser amount.
Stolen car involved in police shooting
Sergeant Makamu testified that on 28 August 2020, he and his colleagues received information about a stolen silver hatchback via a police hotline.
While travelling along the R40, they spotted the vehicle.
According to Makamu, the vehicle stopped abruptly near a roundabout, and the driver fled.
As officers approached, he said a shot was fired from the passenger side.
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He told the court that his colleague, Mr Nkosi, who was approaching from the driver’s side, was shot in the hand.
Makamu further testified that a passenger attempted to escape through the driver’s side, but was apprehended.
The officer said the passenger was found with a 9mm pistol containing two rounds of ammunition.
After police returned fire, they discovered a passenger in the back seat of the car who had been shot and injured.
Plaintiff’s version
Khoza testified that he had asked for a lift from the stolen vehicle to go to town to buy drinks for his child’s birthday.
He indicated that there were two occupants when he entered the two-door sedan and that he sat in the back seat.
He told the court the driver soon stopped, saying he wanted to fetch a spare wheel, before running away.
As Khoza watched him flee, he heard a gunshot and felt a burning sensation in his right arm and chest.
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He denied that anyone inside the vehicle fired at police.
Khoza said he exited the vehicle with his hands raised and lay on the ground, where a police officer forced him to hold a revolver-looking toy gun for his fingerprints.
He testified that he was cable tied and, while lying on the ground, heard another gunshot.
He asked police to call an ambulance because he was in pain. He was later handcuffed to a hospital bed and guarded for three days.
Detention
According to Khoza, he was taken to a police station after being discharged.
He was charged the same day and detained overnight in poor conditions, sleeping on the floor.
He was later released by court officials without being prosecuted.
Khoza told the court he had been employed at McDonald’s, but is no longer working because a doctor informed him that his hand is disabled.
He now receives a social grant.
Responding to Makamu’s claim that Nkosi had been shot, Khoza argued that there was no proof.
Mpumalanga High Court judgment
In a recent judgment, Judge T. S Ngwenya accepted that the vehicle had been stolen, but found no valid reasons for the shooting.
“The evidence of gunshots originating from the wanted vehicle is untrue, as there were no bullets found in the vehicle,” the judge said.
Ngwenya also concluded that the revolver was a toy planted by the police.
“I say so because Sergeant Nkosi, who was allegedly shot on the hand, did not come to testify, nor was a J88 confirming his injuries provided during the trial.”
The court found that Khoza’s detention was “not justified” because he had committed no offence.
Medical evidence showed that Khoza suffered a serious injury to his right ulnar nerve and chest wall, resulting in permanent weakness and loss of hand function.
“The plaintiff suffered a permanent disfigurement and will struggle to do physical work,” Ngwenya said.
The court ordered the minister to compensate Khoza R395 000 for the unlawful shooting and R135 000 for the unlawful detention.
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