‘Protester’ shot four times in the back by cops wins R650k payout

A Mpumalanga traditional healer who was shot four times in the back with rubber bullets, handcuffed to a hospital bed and detained for four days after a community protest has been awarded R650,000 in damages in her civil claim because the judge ruled that the police acted unlawfully.

Acting judge TS Ngwenya of the Mbombela high court said the police minister must compensate Angel Gininza with R200,000 for her unlawful arrest and detention and R450,000 for the unlawful assault on her following the February 2020 incident in Barberton.

She informed the police officer that she was not part of the protest and that she was going to her friend’s place. However, the SAPS officer continued to fire shots at her body.

—  The Judgement

The court heard that police officers had been deployed to the Barberton community clinic after protesters barricaded the entrances with burning tyres and rocks while allegedly threatening to torch the facility.

In her evidence, Gininza testified that she had been walking to fetch a friend before attending a traditional healer’s ceremony when police emerged between nearby houses and started firing.

He said he arrested her because of the rubber bullet injuries, and so he concluded that she was part of the protesters.

—  Acting judge TS Ngwenya

“While she was still lying on the ground, the police shot her at close range. When she asked the officer why she was being shot, [he] said she was part of the protest,” the judgment read.

“She informed the police officer that she was not part of the protest and that she was going to her friend’s place. However, the SAPS officer continued to fire shots at her body.”

Gininza said she was handcuffed, placed in a police van, and taken to the police station and then later to hospital, as she was bleeding profusely. After being handcuffed to her bed for four days, she was told there was no case against her and that she could go home.

“The injuries have caused her to experience severe pain in winter, and [she] cannot bend easily to lift objects,” the judgment read. “She further cannot control her urine because of abdominal pain. In addition, the injuries have affected her traditional healer duties, as she now needs assistance and must pay the person assisting her.”

The police had claimed Gininza was part of the violent crowd and arrested her after finding her injured.

However, during the hearing, a warrant officer who had been on the scene admitted he had not seen her taking part in the protest before finding her lying injured and conceded that he could not explain why she had been shot in the back.

Under cross-examination, the officer conceded that Gininza could not have posed a danger while lying on the ground.

When asked what offence Gininza was suspected to have committed when she was arrested, the officer said public violence, damage to property and traffic violation.

“He said he arrested her because of the rubber bullet injuries, and so he concluded that she was part of the protesters,” said Ngwenya.

The judge found that the police had failed to justify either the shooting or the arrest.

The defence witness did not dispute that she] was shot at a place far from the protest.

—   Acting judge TS Ngwenya

“The defence witness could not place [Gininza] in the vicinity of the violent protest, nor did he dispute that [she] was shot at a place far from the protest. Therefore, there was no probable cause to arrest and detain [her],” he said.

“Accordingly, I find that [Gininza’s] assault, arrest and detention were not justified and therefore unlawful.”

The police minister was ordered to pay Gininza R650,000, together with interest at 7% a year from the date of judgment until payment, as well as her legal costs.