Key points
- Elizabeth Jack was struck in the eye by a rubber bullet fired by police during civil unrest in her street in 2019, while she was in her own yard.
- The injury led to the permanent removal of her eye and caused deep psychological, financial and physical trauma, disrupting her ability to work and live normally.
- The North West High Court found the Minister of Police liable and awarded Jack R2.2 million in damages for general pain, income loss, future treatment and assistance.
On an ordinary winter afternoon in July 2019, a moment of unimaginable violence changed Elizabeth Matshidiso Jack’s life forever.
At just 19 years old, she was doing chores in the yard of her family home in Baipai, Ikageng, when a rubber bullet fired by police officers struck her in the right eye. The officers were responding to protests in the street nearby. Jack was not part of the unrest; she was merely in her own yard, going about her daily routine.
What followed was not only physical devastation but also a long and emotionally taxing legal battle. The injury caused irreversible damage to her eye. It had to be surgically removed and replaced with a prosthetic, leaving Jack permanently disfigured and emotionally scarred. Her world, once full of promise, narrowed overnight into one of pain, fear, and social isolation.
On 2 July 2025, six years after the incident, the North West High Court in Mahikeng awarded Jack R2 205,567 in damages. Acting Judge RR Titus found the Minister of Police fully liable for the harm caused and ordered the state to pay for her pain, loss of earnings, future medical needs and the support she now requires to function day-to-day.
A life interrupted in an instant
At the time of the incident, Jack was a vibrant and independent young woman who earned a modest living selling homemade achaar door-to-door. She had no formal education or job qualifications, but she had ambition and a growing customer base. After the injury, her ability to carry out this work was severely affected. Her earnings dropped by half, her confidence plummeted, and her ability to navigate her surroundings, especially at night, was compromised. Fear of infection now controls her daily life. She avoids cooking, sweeping, or even fetching water from the communal tap.
Medical experts confirmed that Jack suffered a 23% whole person impairment. The prosthetic eye causes discomfort and emits an odour due to mucosal discharge. It does not move in sync with her remaining eye and draws unwanted attention. In addition, a visible scar beneath her right eyelid has further damaged her self-image. While surgical correction is possible, full recovery or restoration is out of reach. The trauma has deeply affected her socially. The once extroverted, Jack now isolates herself and avoids public spaces.
Building a case from a life unrecorded
Because Jack’s business was informal, she could not produce financial records to prove her income. Still, expert witnesses accepted that she was self-employed and had earned around R3 600 a month before her injury. She was unable to work for five months during her recovery and now earns only R1 800 a month. Industrial psychologists testified that, had she not been injured, she could have progressed to semi-skilled employment with a stable income over time.
Despite the challenges in quantifying loss, the court accepted the unchallenged affidavit she submitted and the joint expert reports. These confirmed the need for long-term support. The court awarded R18 000 for lost income during the five months she was incapacitated and a further R307 098 for future assistance, both domestic and business-related. Jack’s relatives cannot always help her, and she cannot manage on her own. Occupational therapists recommended the ongoing use of assistive equipment and approximately 32 hours of occupational therapy.
In addition, Jack will need lifelong medical attention, including follow-up ophthalmological care and reconstructive surgeries. Her future medical expenses were quantified at more than R1.38 million, a figure that was not challenged by the state. These expenses cover surgery, annual specialist visits, prosthetic upgrades, and equipment.
Justice after the damage
Jack initially sought over R3.5 million in damages. During the hearing, her legal team reduced the general damages claim to R900 000. The court ultimately awarded her R500 000 for pain and suffering, drawing from similar past judgments while recognising that no two cases are the same. In doing so, the court acknowledged not only the physical loss but also the emotional devastation that Jack must endure for the rest of her life.
Judge Titus stated that the law, though imperfect, had a duty to try and restore what could be restored. While acknowledging that the figures were necessarily imprecise, he ruled that the award must be fair to both parties. Importantly, he emphasised that “the plaintiff has endured pain and suffering, disfigurement, permanent disability and loss of amenities of life.”
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