- Edmund Soyizela Mdzinwa has been awarded R1.97 million in damages for his past and future loss of earning capacity.
- He lost his right eye when he was struck by a SAPS rubber bullet while working as a DJ in 2011.
- The High Court found there was no reason to reduce the compensation that had been awarded by the trial court.
The High Court in the Western Cape has ruled that Edmund Soyizela Mdzinwa is entitled to R1 967 425 in damages for losing his earning capacity after he lost his right eye in a SAPS rubber bullet shooting.
The Minister of Police had appealed the amount awarded by the trial court, saying Mdzinwa had been overcompensated for his past and future loss of earnings. The appeal, allowed by the Supreme Court of Appeal, aimed to reduce the 30 percent contingency deduction used for his future earnings to 20 percent.
A promising career derailed
Mdzinwa was working full-time as a waiter in GrandWest Casino’s Prive VIP section from Monday to Thursday and building a second career as a weekend DJ when the shooting happened on 18 September 2011.
Colleagues described him as one of the casino’s top performers, earning between R800 and R2 500 in tips per shift. He used his income to buy music and DJ equipment as he established himself in the entertainment industry.
His life changed instantly when SAPS officers fired rubber bullets into a crowd during the event where he was performing. One of the bullets struck him in the face, destroying his right eye. Later, he was fitted with a prosthetic eye but struggled to accept his altered appearance and developed a deep fear of the police.
Trauma cost him two careers
The High Court agreed that the consequences of the shooting went far beyond just the physical injury. Evidence showed Mdzinwa became withdrawn, anxious and irritable. He argued with customers, took frequent breaks because of discharge from his prosthetic eye, and found it harder to work in busy, customer-facing environments.
His performance declined, which led to his transfer from the VIP floor to lower-paying day shifts. There, his tips dropped dramatically before he eventually resigned.
The court also accepted expert psychological evidence that Mdzinwa suffered from post-traumatic stress disorder, mild depression and adjustment disorder, leaving him permanently vulnerable at work. The court found that the same trauma prevented him from continuing as a DJ, taking away his second source of income.
Appeal confined to damages
The Minister did not challenge liability for the shooting. Instead, the appeal focused only on the amount of damages, with the State arguing that the trial court had used too high a contingency deduction when working out Mdzinwa’s future earning capacity.
Judge M Pangarker, for the full Bench, said an appeal court is usually slow to interfere with a trial court’s damages award and should only do so if there has been an irregularity, a misdirection, no sound basis for the award, or a big difference between the award made and the one that ought to have been made.
The judges found the trial court had carefully evaluated Mdzinwa’s evidence, noted where he had exaggerated parts of his testimony, and had relied on expert and witness evidence in assessing his future earning capacity.
Judge Pangarker concluded that the 30 percent contingency deduction used for Mdzinwa’s future earnings was fair and reasonable.
The appeal was dismissed with costs, including the costs of the application for leave to appeal and counsel’s fees on Scale C.
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