A Cape Town DJ has been awarded nearly R2 million in damages after losing an eye to a police rubber bullet at a “peaceful event”.
The court’s decision underscored the significant physical and emotional impact of the assault, which left the former young entrepreneur struggling with post-traumatic stress disorder (PTSD) and unable to continue his passion for music.
In the ruling highlighting the ongoing issue of police brutality in South Africa, the Western Cape High Court ordered the SAPS to pay nearly R2 million in damages to the former DJ who lost an eye during a police raid in Cape Town.
The plaintiff, identified as EM for privacy reasons, was initially seeking R5 million in damages.
The court had previously found the SAPS to be 100% liable for the injuries sustained by the man, who was 22 at the time.
EM described the event where he was working as a DJ as a “peaceful event”. According to his testimony, SAPS members arrived at the venue and began shooting into the crowd without apparent provocation. During this chaos, one officer shot EM in the right eye with a rubber bullet.
The consequences were severe.
EM’s right eye had to be removed and replaced with an ocular prosthetic eye three months later, resulting in a “sunken eye” appearance. This physical alteration has had profound effects on his self-esteem and career prospects.
After the incident, EM filed charges against the police. Shockingly, a week later, SAPS members allegedly arrived at his mother’s house, where he was recuperating, and assaulted him, even using pepper spray in front of his mother. This series of events led to what EM described as a “deep-seated fear and loathing” of the South African police.
Before the incident, EM was not only a DJ but also worked as a waiter at a Cape Town casino. The trauma of the shooting and its aftermath forced him to resign from his day job.
The incident had a devastating effect on EM’s passion for music and he regretted ever starting his DJ business, which was once his pride. All his equipment was reportedly destroyed during the police raid.
Medical experts who evaluated EM diagnosed him with PTSD. A psychologist’s report submitted to the court highlighted EM’s self-consciousness about his prosthetic eye.
At work, he would frequently sneak into the bathroom to clean his eye and remove the discharge, fearing it might draw attention to him.
EM reported being “very angry” with everyone and hating himself. He now suffers from a heightened startle response and becomes anxious at loud noises. In his own words, after the incident, “he lost his smile”.
Acting Judge M Holderness, in delivering her judgement, commented on the undisputed fact that EM was a physically and psychologically healthy young man before becoming a victim of what she termed a “brutal and senseless assault” by the SAPS.
“He was a go-getter who demonstrated entrepreneurial qualities,” the judge noted. “The trauma of losing an eye in such circumstances should not be understated.”
The court ordered the SAPS to pay EM nearly R2m in damages, acknowledging the significant ongoing physical and emotional deficits he suffers due to the incident.
Cape Times