A former Grade 10 pupil who was shot during a school protest in Mthatha, Eastern Cape, six years ago will receive compensation after the minister of police was held responsible for the incident.
The Eastern Cape High Court in Mthatha delivered its judgment on Tuesday, 20 January, finding that Siphelele Totseka had successfully proven his claim for damages.
Eastern Cape school protest
Totseka testified that he was in Grade 10 on 18 July 2019, when he arrived at Attwell Madala Senior Secondary School for the morning assembly.
Instead of performing the usual hymns, he and other pupils began a demonstration about the school’s deteriorating facilities.
He described the toilets as unusable and the windows as broken, leaving classrooms exposed to rain and cold.
The protest continued beyond the school gates and extended onto the N2 highway, causing a traffic standstill in both directions.
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The students reportedly threw stones, placed objects in the road, and set tyres on fire, with police officers later arriving in a truck and using tear gas to disperse the crowd.
The pupils retreated to the schoolyard but continued their protest.
After the police left, the students resumed their singing until another police vehicle pulled up.
Totseka stated that uniformed officers with visible name tags stepped out, with one remaining across the fence.
Feeling uneasy about the escalating situation, he went to his classroom to collect his bag and decided to leave the school grounds.
The shooting
As he walked away, Totseka told the court that he noticed one officer pointing a firearm at him from roughly 15 steps away.
Moments later, a shot was fired in his direction.
Bleeding heavily from his arm, he shouted for help. Teacher Vuyani Qalashe responded and assisted him.
When asked if he could identify the shooter, Totseka confirmed he could.
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They approached the officer, Constable Velembo, who denied discharging his weapon and reportedly refused to summon medical assistance.
Another teacher, Mr Msebenzi, transported Totseka to Mthatha General Hospital for initial care.
Medical staff recommended he be moved to Bedford Hospital for additional treatment.
Dr Sifumba’s report confirmed a bullet wound in Totseka’s right arm, a fractured humerus, and dangerously low blood pressure.
Teacher and cop testify
Qalashe also gave evidence, stating that he discovered spent bullet cartridges at the scene.
He told the court that Velembo tried to take the cartridges, but he refused to hand them over.
Velembo testified that he had gone to the school after learning about the students’ strike.
He described the situation as disorderly, with pupils throwing stones at passing vehicles.
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The officer further stated that he heard gunfire, but could not determine its source.
Velembo claimed that he had been wrongly accused of firing the shot.
He insisted that he would never have shot a student under those circumstances.
He added that he did not witness Qalashe handling the cartridges, but acknowledged that the cartridges were property of the South African Police Service (Saps).
Eastern Cape High Court ruling
Acting Judge Nolubabalo Cengani-Mbakaza concluded that Totseka’s testimony was supported by other evidence.
She highlighted that the pupil’s injuries provided clear proof that he had been shot.
“The collection of the empty cartridges at the scene, identified with a ‘P’ symbol, establishes a reasonable inference that the police officer, indeed, shot the plaintiff and no one else,” the judgment reads.
On this basis, Cengani-Mbakaza held the minister liable for damages.
She further remarked that the defendant’s conduct, as outlined in court, could not be justified.
The court also directed that the minister cover Totseka’s legal expenses.
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