Learner successfully sues police for gunshot wound during school protest

SAPS has been found liable for damages after a Grade 10 learner was shot by police during a school protest.

A group of students had protested during morning assembly about the state of decay the school was in. Siphelele Totseka instituted action against the Minister of Police in the Eastern Cape High Court after he was shot by police during the protest.

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 Totseka, 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, with one standing on the opposite side of the fence.

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 of approximately 15 paces pointing a firearm in his direction. He then heard a gunshot towards his direction. He called for help, and Vuyani Qalashe, one of the teachers, came to assist as he was bleeding profusely 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 and allegedly refused to call an ambulance.

Totseka was eventually taken to hospital by the teacher. A doctor confirmed the bullet hole in the plaintiff’s right arm and a fracture of the humerus in the right arm.

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 described the scene as chaotic, with students throwing stones at road users.

He further testified he heard gunshots; however, he 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 under such circumstances. He claimed it was the Public Order Police Squad who had shot the student.

The court accepted the evidence regarding the events and said the empty cartridges at the scene, identified with a “P” symbol, establish a reasonable inference that the police officer indeed shot the plaintiff. The SAPS were subsequently held liable for the damages, which will be determined at a later stage.

Cape Times