- A Grade 10 learner who was shot during a school protest has succeeded in holding the Minister of Police fully liable for his injuries.
- The court found that the learner was leaving the protest when he was shot, undermining any claim of justification by police.
- Empty SAPS cartridges and consistent eyewitness testimony tipped the balance of probabilities in favour of the learner.
A peaceful protest over crumbling school infrastructure ended in a life-altering injury for a Grade 10 learner in Mthatha, with the High Court in Mthatha now holding the Minister of Police fully liable for the shooting that fractured his arm and left him hospitalised.
Acting Judge N Cengani-Mbakaza ruled that a member of the South African Police Service unlawfully and intentionally assaulted the learner during a school protest, rejecting police claims that responsibility lay elsewhere.
The court found that the shooting occurred while the learner was attempting to leave the protest, carrying his school bag, and posed no threat to police or the public.
Protest over school conditions turns violent
The events unfolded on 18 July 2019 at Madala Senior Secondary School, where learners gathered for morning prayer before turning their attention to the plaintiff’s description of intolerable learning conditions.
Blocked toilets, cracked windows, and exposure to harsh weather led learners to stage a protest that moved onto the nearby N2, where traffic was blocked with stones and burning tyres.
Police responded with teargas, forcing learners back into the school premises. While the protest continued inside the school yard, the plaintiff decided to disengage entirely.
“He explained that he felt uncomfortable with the manner in which the protest was progressing, and no longer wished to participate,” the court noted.
As he exited the school yard, the learner testified that he saw a uniformed police officer approximately 15 paces away, pointing a firearm in his direction. Moments later, a gunshot rang out. “He then heard a gunshot towards his direction,” the judgment records. “He called for help and was bleeding profusely on his arm.”
Teacher evidence and cartridges prove decisive
One of the most damaging aspects of the defence case was the corroboration provided by a teacher, Mr Vuyani Qalashe, who rushed to assist the injured learner and accompanied him to confront the officer identified as the shooter.
According to the judgment, when confronted, the officer denied firing a shot and refused to call an ambulance or transport the learner to the hospital.
The court placed significant weight on what happened next. After the learner had been taken to the hospital by another teacher, Mr Qalashe returned to the scene and discovered spent cartridges.
“He identified marks on the cartridges, P15 and P18,” the judge recorded, noting that the cartridges were later handed in as exhibits.
During cross-examination, the police officer conceded that “P-labelled cartridges belong to the SAPS,” and further admitted that members of the Public Order Police Squad had fired shots at learners during the protest.
This admission, the court held, substantially strengthened the plaintiff’s version.
“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,” Cengani-Mbakaza AJ found.
The balance of probabilities favours the injured learner
Although the plaintiff was a single witness to the shooting itself, the court was clear that this did not weaken his case. Relying on Section 16 of the Civil Proceedings Act, the judge confirmed that a single competent and credible witness is sufficient to ground liability.
“My observation is that the plaintiff, though a single witness on the issue of assault, gave a clear and chronological exposition of events,” the judgment states.
Medical evidence further supported his account. A doctor confirmed a bullet wound to the learner’s right arm, severe bleeding, a fractured humerus and a dangerous drop in blood pressure. The wound later became septic, requiring further treatment.
Applying established delictual principles, the court reiterated that once assault is proved, the burden shifts to the defendant to justify it. In this case, no such justification existed.
“At the time he was shot, the plaintiff was carrying his school bag in an attempt to leave the school premises,” the judge wrote. “Therefore, the events as explained before this court render the defendant’s actions unjustified.”
Minister of Police is held fully liable
The court ultimately concluded that the shooting was intentional, unlawful and directly attributable to a member of SAPS acting within the course and scope of employment.
“Resultantly, I find the defendant liable for the plaintiff’s assault, which was intentionally perpetrated by its member, who deliberately fired a shot, causing severe injuries,” the judgment held.
The Minister of Police was ordered to pay 100 percent of the learner’s proven damages, along with legal costs on Scale A. The matter now proceeds only on the issue of quantum.
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