- A taxi driver received more than R1.17 million in compensation after police officers assaulted him, broke his leg and kept him in a police vehicle for around nine hours.
- The court found that the assault left him with lasting injuries that made it difficult for him to keep working as a taxi driver, and meant he needed surgery and ongoing medical care.
- The plaintiff won his case against the Gauteng MEC for Community Safety, succeeding in his claims for general damages, unlawful detention, future medical costs and loss of earnings.
A Gauteng taxi driver who was dragged from his vehicle and brutally assaulted by police officers, then left untreated in an SAPS vehicle for most of a day, has been awarded R1 172 376.09 in damages by the High Court in Johannesburg.
Nzima Petrus Madoda sued the MEC for Community Safety, Gauteng, after an incident on 31 July 2015 while he was driving passengers from Orange Farm to Southgate Mall. Because the defendant’s defence was struck out, the matter went ahead without any opposition, and the court had to assess the evidence and decide on fair compensation.
Acting Judge J Wentzel-Thompson said there could be no justification for the police’s actions and ultimately found that the plaintiff had proved his claims.
Assault at a roadblock
Madoda told the court he was stopped by police near a roadblock in the Klipriviersberg area. He was pulled from his taxi and kicked over and over. The attack was so violent that it fractured his left upper shin bone.
After the attack, officers allegedly forced him to crawl into a police vehicle. Despite his serious injury, he was left there for most of the day without any medical help.
He testified that he was left in the vehicle from about 7.30am until 4.30am that afternoon. He was never taken to a police station, never charged with any crime, and never brought before a court. In the end, he was just released without charge.
The officers did not arrange any medical help or call an ambulance. Instead, Madoda had to contact his employer, who took him to the hospital.
Medical records confirmed he was admitted to Chris Hani Baragwanath Hospital on the day of the incident and stayed there until 7 August 2015. Doctors found he had a fracture in his left leg and performed surgery to repair the bone with metal plates and screws.
Medical consequences
The court looked at hospital records, a J88 medical report and expert reports from an orthopaedic surgeon, occupational therapist, industrial psychologist and actuary.
Medical evidence showed that Madoda had surgery and still suffers from pain, stiffness and swelling in his knee. He now uses a walking stick and has developed post-traumatic osteoarthritis.
He still has metal plates and screws in his leg and may need more surgery in the future, possibly to remove the metal or even have a knee replacement. The judge accepted that these injuries will have lasting effects on Madoda’s life.
The judge found there was clear evidence of a serious knee injury, long-lasting pain, likely degeneration, and a real chance Madoda will need more surgery in the future. The court awarded R450 000 in general damages for the assault and injuries.
Public humiliation and unlawful detention
Besides the physical injuries, the court found that Madoda also suffered a serious violation of his dignity. The evidence showed he was dragged from his taxi in front of passengers and bystanders, then forced to crawl. The judge said this seriously damaged his dignity.
The court also found the detention was unlawful because the state had no valid reason to take away his freedom. Judge Wentzel Thompson pointed out that Madoda was detained while suffering from a severe fracture and intense pain.
The judge noted that the detention happened right after the assault that caused Madoda’s serious fracture. The court noted that Madoda was kept in a vehicle, denied medical help and eventually released without charge.
While the detention lasted about nine hours, the judge found that the circumstances made the harm much worse. “The circumstances here made things much worse,” the judge said. The court awarded R120 000 for the unlawful arrest and detention.
Loss of earnings
Madoda was born in 1964 and only completed Grade 7. Before the assault, he earned about R700 a week as a taxi driver.
Madoda argued that his injuries made it much harder to keep working as a taxi driver, because driving a manual car means using the clutch pedal a lot – something he now struggles to do because of his injured leg. The court agreed that his injury seriously affected his ability to earn a living.
The judge noted that being a taxi driver requires long hours of sitting, reliable use of the pedals and stamina, all of which would be affected by ongoing knee pain and possible future surgery.
However, the judge also questioned some of the industrial psychologist and actuary’s assumptions, especially about future job prospects and retirement age.
Instead of accepting the actuarial calculations in full, the court reduced the claim to account for uncertainties around informal work and limited proof of income.
The judge decided it was fair to award 70 percent of the calculated loss, so Madoda was given R401 044.70 for past and future loss of earnings.
Criticism of government departments
Judge Wentzel-Thompson strongly criticised government departments and the State Attorney for letting claims against the state go undefended. The judge warned that ignoring court cases and orders wastes taxpayers’ money. “This has to stop,” the judge said.
The court added it was “quite frankly a disgrace” that this case was left undefended after the defendant ignored a court order. Judge Wentzel Thompson also asked whether ministers and directors-general should be personally responsible for the costs of undefended claims, saying this might help protect public money.
Final award
The court ordered the MEC for Community Safety, Gauteng, to pay Madoda a total of R1 172 376.09 made up of the following amounts: R450 000 for general damages for the assault and injury R120 000 for unlawful arrest and detention R201 331.39 for future medical expenses R401 044.70 for past and future loss of earnings
If payment is not made within 14 days of the order, interest will be added to the amount. The defendant also has to pay Madoda’s legal costs, including the reasonable fees of the expert witnesses.
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