The Police Ministry must pay more than R2.3 million in damages to the mother of a teenager who was shot in the face by live ammunition used by the police during a service delivery protest in Ottosdal, North West Province.
The child’s mother claimed millions in damages from the police on behalf of her son, who was seven years old in 2018 when he was shot.
The North West High Court, sitting in Mafikeng, earlier found that the South African Police Service (SAPS) was 100% liable for the damages the child had suffered. This was after the SAPS conceded full liability for the child’s injuries.
Deputy Judge President Tebogo Djaje now had to determine the amount of damages payable to him. This was in respect of general damages, loss of earnings, and future medical expenses.
The incident occurred in January 2018 in Ottoshoop, where the community was protesting. The police tried to contain the protest action and live rounds were fired at members of the community.
The child, who was not part of the protest, was shot in his right cheek and sustained serious injuries that resulted in him developing a keloid on his cheek. This makes it difficult for him to fully open his mouth, and he suffers from continuous pain.
In the determination of quantum, the child was examined by several medical experts.
A medical expert reported that the child has a keloid on his right cheek, caused by the overgrowth of fibroblasts in the scar tissue as a result of the rubber bullet that hit him. According to the doctor, the condition can be rectified by surgically removing the scar tissue and radiating the area.
A clinical psychologist compiled a report as well and noted that the scar on the child’s cheek affects his speech and has led to him being bullied at school. He is emotionally affected by the scar, displaying signs and symptoms of post-traumatic stress disorder and anxiety. He will require counselling, the court was told.
According to the educational psychologist, the child’s quality of life has been compromised by the injuries. She noted that he is a vulnerable learner diagnosed with PTSD and fits the criteria for a neurodevelopmental disorder. She further noted that there is complex trauma as the child will still have to undergo various surgeries, which will negatively impact his scholastic progress. She recommended therapy, annual assessments, and placement of the boy in a school for learners with barriers, which might require him and his mother to relocate.
The report by the industrial psychologist indicated that the incident has negatively impacted the teenager psychologically, physically, and emotionally. His work capacity has been limited, thus affecting his earning abilities. He should therefore be compensated adequately, the court was told.
Looking at general damages payable to the mother on behalf of her son, Judge Djaje commented that in determining an appropriate amount for compensation, it is important to look at comparable cases and the awards made in those matters. However, these only serve as a guide, as each case should depend on the personal circumstances of the claimant, the severity of the condition, and its effect on their life, she said.
“It is common cause that O.M.M (the child) has an ugly scar on his right cheek, which affects his self-esteem. Considering the value of damages and inflation, the appropriate amount to be awarded is R550,000 for general damages,” the judge said.
She further ordered that the Police Ministry had to pay the mother an amount of nearly R1.3 million in respect of loss of earnings, as well as R500,000 for past and future medical expenses.
Pretoria News