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The victim was struck in the right eye by a rubber bullet fired while she was at home.
Picture: iStock
A woman from the North West has been awarded R2.2 million in damages after being struck in the eye by a rubber bullet fired by police during a protest.
The North West High Court in Mahikeng ruled in favour of Elizabeth Matshidiso Jack, who suffered a major eye injury six years ago.
She subsequently launched a civil claim against the minister of police.
Although the minister conceded liability, no agreement could initially be reached on the amount of compensation.
Jack initially sought R3.5 million (R3 536 677) in damages.
Woman sues police minister after losing eye
Testifying in court, Jack recounted that on 11 July 2019, she had been doing household chores in her yard in Ikageng, near Potchefstroom, when she was struck in the right eye by a rubber bullet fired by South African Police Service (Saps) members.
The police officers were responding to civil unrest in the street outside her home at the time.
As a result of the injury, Jack lost all function in her right eye. The eye was later surgically removed and replaced with a prosthesis.
Jack, who was 19 years old at the time of the incident, described the loss of her eye as a deeply traumatic event that significantly affected her sense of self-worth and confidence, particularly as a young unmarried woman.
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She explained that she had previously been extroverted and social, but the injury caused her to withdraw from the public.
The woman now avoids public settings due to the appearance of the prosthesis, which does not move in sync with her remaining eye and creates an unnatural look.
She also described scarring beneath her right eye from the surgery, which she claimed adds to her disfigurement and worsens her discomfort.
Loss of income
Jack further highlighted the physical pain she continues to endure.
According to the victim, she manages the pain by sleeping, hoping that it will subside by the time she wakes due to a lack of proper medication.
She also raised concerns about the risk of infection to her prosthetic eye, explaining that she avoids basic household tasks – such as sweeping or cooking – out of fear that exposure to dust or spices could potentially lead to complications.
Jack testified that she supported herself by selling atchaar door-to-door, earning approximately R3 600 per month.
Since the incident, her earnings have halved to R1 800.
She also stated that she would require future medical and non-medical care, with costs estimated at R604 406 for occupational therapy and assistive devices.
Medical and expert testimony
Ophthalmologists who testified in court confirmed Jack is permanently blind in her right eye and suffers from a mild degree of post-enucleation socket syndrome, which can be surgically corrected.
Occupational therapists testified that Jack’s injury affects her ability to compete with her peers in the informal work sector.
They agreed she would benefit from 32 hours of occupational therapy, at a cost of R750 to R850 per hour.
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She would also require adaptive equipment, an assistant for her business paid at the national minimum wage, eight hours of weekly domestic help, gardening services in summer and winter, and home maintenance costing R20 000.
Industrial psychologists also gave evidence, stating that although Jack had no post-school qualifications, no driver’s licence and was self-employed, she would likely have progressed to semi-skilled employment with higher earnings over time.
North West High Court ruling
In his ruling, Acting Judge Randall Ralph Titus highlighted that while the minister contended that Jack had not sufficiently proven her claim for loss of income, it remained undisputed that she had suffered harm as a result of the police’s “wrongful conduct”.
The judge noted that Jack could not work for five months after the incident and calculated her lost income during that period as R18 000.
He referenced prior judgments to determine an appropriate compensation amount and awarded R500 000 in general damages.
“It is common cause that the plaintiff has endured pain and suffering, disfigurement, permanent disability and loss of amenities of life,” the 2 July judgment reads.
Titus further ordered that Jack be paid R18 000 for loss of earnings, R1 380 469 for future medical and related expenses, and R307 098 for assistants, bringing the total to R2 205 567.
The amount is to be paid with interest.
In addition, the minister was ordered to cover Jack’s travel, food, and accommodation expenses incurred in connection with her medico-legal appointments.
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