High Court awards R530,000 to victim of police shooting and unlawful detention

A man who was shot, unlawfully arrested, and detained by police in Mpumalanga in August 2020 has been awarded more than R500,000 in damages.

Patrick Khoza suffered a dysfunctional right arm as a result of the incident.

The incident occurred after Khoza accepted a lift in a silver hatchback, which he later learned was suspected to be stolen.

He stated that the driver abruptly stopped the car, applied the handbrake, and fled, claiming he needed to retrieve a spare wheel. Khoza remained in the vehicle with the front passenger. 

As the driver ran, Khoza heard a gunshot and felt a burning sensation in his right arm and chest. He maintained that he and the remaining occupant did not shoot at the police.

Following the shooting, Khoza was hospitalised for three days under police guard and spent one night in police cells. He described the conditions in the cell as poor, stating that he slept on the floor. He was later released by court officials without being prosecuted.

The police account, however, was disputed in the Mpumalanga High Court, sitting in Mbombela. A Sergeant Makamu testified that he and a colleague received intelligence about a stolen silver hatchback via the 10111 hotline.

He claimed that after observing the vehicle, the driver stopped and fled. Makamu alleged that a gunshot went off from the passenger’s side as they approached the car, claiming his colleague, Sergeant Nkosi, was shot in the hand. 

Sergeant Makamu’s evidence was further scrutinised due to inconsistencies. He initially indicated a 9mm pistol with two rounds was found, but in his statement, he had described the firearm as a revolver. 

Under cross-examination, he reverted to saying it was a revolver, which was later found to be a toy gun, in addition to a 9mm pistol. When questioned why Khoza was not charged with attempted murder if he had shot Nkosi, Makamu stated that his team was not responsible for the charge.

Acting Judge T Ngwenya ultimately rejected the police’s version, noting: “The evidence of gunshots originating from the wanted vehicle is untrue.”

The judge accepted Khoza's assertion that the revolver, which was later revealed to be a toy gun, had been planted by the police.

Judge Ngwenya found Khoza’s detention unjustified, stating: “At least on the next day of the hospitalisation, when one would expect the police to have established that Khoza had not committed any offence.”

The judge also highlighted that Nkosi was not called to testify and considered the report from surgeon Dr ND Thikhathali, which confirmed Khoza suffered long-term impairment and loss of function in his right arm.

The judge ordered the Minister of Police to pay Khoza R395,000 for the unlawful shooting and R135,000 for the unlawful detention.

Cape Times