A High Court in Pietermaritzburg has found the minister of Safety and Security liable for damages after Jabulani David Mlabe was shot by police during a high-speed pursuit of suspected criminals in Blaawubosch in 2008. Mlabe, who was 58 at the time, was cycling home from his job at Iscor in Newcastle, KwaZulu-Natal, when he was struck by a police bullet on 12 March 2008. He had instituted an action claiming R650 000 in damages due to the gunshot wound that ended his career.
Judge P C Bezuidenhout ruled that police acted negligently when they opened fire without ensuring it was safe to do so, despite the presence of civilians in the vicinity. The court ordered the defendant to compensate Mlabe for any proven or agreed damages resulting from the gunshot wound. According to court records, the incident occurred around 10:45am as officers pursued a white Toyota Corolla carrying armed suspects through the residential area.
Mlabe testified that he was riding his bicycle on the left side of the road when police vehicles approached from the opposite direction, in pursuit of suspects who had already passed him. “While he was still cycling, he was shot in his right leg. He fell from the bicycle, picked up the bicycle, and people came to assist him.
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He tore a plastic bag and placed it around the wound,” court records state. The bullet struck the inside of his right thigh, grazing his bone before exiting at the back and hitting a helmet tied to his bicycle. After being shot, bystanders came to his assistance.
A police vehicle transported him to the hospital, where he remained for three days. The injury prevented him from returning to his employment, where he had been earning R7 000 per month after eight years of service. Mlabe, now 74, testified that he “could no longer be employed” after the incident.
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