A father of four who was shot at close range by police with rubber bullets in the aftermath of a service delivery protest, which he did not partake in, is set to receive R250,000 in damages.

The SAPS also has to pay him a further R104,700 towards his future psychological treatment following his nightmare ordeal.

Tebogo Gasetingwe was shot in the thigh and arm while he was standing outside his car after a protest, to ensure that his family inside the car was safe.

He turned to the North West Division of the high court, sitting in Mahikeng, where he claimed R500 000 in damages from the police.

The 38-year-old plaintiff broke down in tears as he testified about his harrowing ordeal. The police, meanwhile, opted to call no witnesses to refute his version, and they conceded liability.

Gasetingwe testified that he sustained his livelihood by operating a tuckshop, and he was also engaged in community affairs as a liaison officer.  

On the afternoon of November 27, 2020, he was seated in his car outside Econo Foods in Vryburg, accompanied by his pregnant partner and daughter. He saw unrest and protest activity in the area but remained inside his car until the crowd had dispersed. 

Once calm appeared to have returned, he stepped out of his car and joined other bystanders who had gathered. Gasetingwe said he was not a provocateur or participant in the unrest, but rather a cautious onlooker, ensuring the safety of his family while satisfying his curiosity regarding the commotion.

It was at this juncture that two SAPS Quantum vehicles arrived on the scene. One vehicle drove past, while the other came to a stop nearby with several officers visible inside.  

According to the plaintiff, without any prior warning or justification, one officer singled him out and instructed another to “shoot this guy, shoot this guy”. These words were not preceded by any inquiry into his conduct or any suggestion that he posed a threat, he said.  

Instinctively, Gasetingwe raised his right arm in an effort to shield himself from the threatened assault. The next moment, two rubber bullets were fired at close range. One struck his right forearm; the other penetrated his right hip.

Gasetingwe further testified that the assault has left him with permanent physical scars, causing him ongoing distress and humiliation. Beyond the visible injuries, he suffers flashbacks of the incident, heightened anxiety.

The court commented that his evidence was presented in a manner that was clear, internally consistent, and emotionally congruent with the events described.

Acting Judge CSP Oosthuizen-Senekal noted that the police, for their part, chose not to call any witnesses or present any evidence in rebuttal. The plaintiff’s testimony, therefore, stood unchallenged. 

The judge said the court recognised that when constitutional rights are violated, the law cannot be satisfied with remedies that are hollow or symbolic; they must be meaningful, substantive, and capable of giving real effect to the rights in question. 

“This means that courts must provide relief that both restores the individual as far as possible and gives effect to constitutional values,” the judge said.

She added that the award in this case must not only compensate the plaintiff for his pain and suffering, but it must also affirm constitutional rights and signal this court’s disapproval of gratuitous police violence, and deter similar abuses in the future.

zelda.venter@inl.co.za

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