The Free State High Court in Bloemfontein has held the Minister of Police liable for the shooting of Tumelo Isaac Matebesi on 10 January 2019, in Botshabelo.
Matebesi filed his action for damages amounting to R2,634,400, claiming he was unlawfully shot in the back by a police officer while fleeing.
The case hinged on the events leading to the shooting, which unfolded after Matebesi had visited a local tavern and subsequently encountered his former girlfriend and her father. Accused of blocking her way, he fled out of fear. In what Matebesi contended was an attempt to escape an unlawful assault, he was followed by officers, leading to the alarming incident that would change his life.
According to evidence presented in court, Matebesi testified that he ran from Sergeant Phehello Alfred Nyamane, who was pursuing him. It was during this flight, while he was not facing the officer, that he heard two gunshots and felt a piercing pain in his shoulder. At that moment, he did not realise he had been shot until he collapsed in an adjacent yard.
Conversely, Nyamane defended his actions by claiming that he fired a warning shot as Matebesi approached him with a bottle, assuming a "fighting mood." Nyamane stated that he acted out of fear for his safety, maintaining that he retreated but had to fire in self-defence. However, his testimony was met with skepticism due to discrepancies and implausibilities evident in his narrative.
The court examined both sides critically, applying established criteria for assessing credibility and reliability of witness testimonies. Judge I van Rhyn, ultimately concluded that Nyamane's account contained significant contradictions and failed to meet the burden of justification often required in such defense arguments.
Key to the judgment was the agreement that Matebesi had been shot and that a direct line of liability existed towards the Minister of Police regarding Nyamane's actions. The court underscored that the infringement of bodily integrity was prima facie unlawful unless the defendant could convincingly establish justification.
The judgment held that Nyamane's conduct was unlawful, rejecting the defence's claim of necessity. It was noted that no formal complaints had been lodged against Matebesi regarding the alleged assault, further undermining the police's justification for using lethal force. Consequently, the court ruled that the Minister of Police was liable to pay 100% of any damages the plaintiff could prove, along with the costs of the legal proceedings.
#Conviction
