A Sterkspruit man is demanding police minister Bheki Cele pay him R20m in damages after he was shot in the head with live ammunition by police which has left him a quadriplegic.
Simphiwe Nkolongwane, 41, a father of two, submitted his claims in papers filed before the Mthatha high court recently.
Judge Sytze Alkema has already ruled in favour of Nkolongwane and against the police, and now the damages must be decided by a judge.
In March 2016, judge Alkema found that Nkolongwane had been walking near a protest in Sterkspruit with a friend on September 14 2012 when he was “unlawfully, wrongfully and intentionally” shot by police officers. The pair are said to have been walking near a protest that had a strong police presence when Nkolongwane was hit by a bullet even though he did not participate in the protest.
The bullet hit him in the temple and left him wheelchair bound. Neurosurgeons from both sides of the civil suit have confirmed to the court that the bullet is still lodged in Nkolongwane's skull. He has left home to live at a care facility in the Free State.
Nkolongwane is now suing for R20,575,500 for compensation for caregiving for the next 35 years, future medical expenses which include an electric wheelchair at a cost of R55,000 that needs to be replaced every five years as well as life-long physiotherapy and speech therapy sessions.
He is also suing for loss of future income because he was 35 at the time of the shooting. He is asking for R2m for permanent disfigurement. Nkolongwane is also suing for pain and suffering caused directly by the shooting incident.
He worked as a carpenter.
In his papers, Nkolongwane said the police should have “foreseen” the possibility that he or any other person could be injured as a result of them discharging a firearm.
“Members of the police service should and could have reasonably taken steps to guard against such an occurrence. By reasonable care, skill and authority, other members ought to have prevented the shooting and they failed to do so,” part of the papers read.
“By taking reasonable steps, the members of the police service could have avoided the risk that could have been caused by the discharge of the firearm.
“He has suffered extreme shock, experienced severe pain and has been left badly scarred and permanently disfigured.
“His self esteem has been affected detrimentally as a result of the scarring.
“He no longer enjoys sexual intercourse as he does not feel any sensation. He suffers from depression, anxiety and emotional shock that he will not procreate,” the papers read.
At the time of the shooting, he was a father of two children.
It is not in dispute that since the shooting, Nkolongwane has been hospitalised on a number of occasions due to his injuries.
At the beginning of the case in 2013, the police showed intent to defend the matter but they later conceded.
In his March 2016 ruling Alkema ordered that the police were liable for the injuries Nkolongwane suffered.
“Judgment is hereby granted in favour of [Nkolongwane] for the full damages, either proved or agreed, he has suffered as a result of the injuries sustained in a shooting by the police,” the order read.
The court has yet to determine how much Nkolongwane should get from the state.
The matter will be in court on August 4.
Nkolongwane’s counsel, advocate Nkosinathi Hinana, has told the court that his client also suffers from anger following his severe disability.
“The anger is induced by feeling helpless to improve his condition, the frustration and mental anguish caused by and associated with living, loving, caring and being constantly reminded that he differs from other people who are not quadriplegic.
“He has suffered loss of amenities of life and will suffer the same in the future as a result of the restrictions imposed upon him, the inability to fully participate in activities as he would have had the freedom to so previously,” the papers read.
siyat@dispatch.co.za..