The judge said the attack was unprovoked and occurred in view of Moodi's friends and police colleagues, who showed no interest in intervening.
A now 25-year-old man was recently awarded more than R500 000 in damages after a police officer assaulted him at a North West police station for allegedly “talking too much”.
The North West High Court in Mahikeng ordered the Minister of Police to pay Jan Moodi R574,385 in total damages following the unprovoked attack that occurred on 7 January 2022.
Acting Judge S.W. Malane delivered judgment on 15 September 2025, finding that the assault left Moodi with permanent hearing loss and post-traumatic stress disorder.
The court awarded R80 000 for general damages, including pain, suffering and loss of amenities, plus R454 385 for future medical expenses.
The incident
According to court records, Moodi was travelling with seven friends in an unlicensed vehicle driven by William Tanyane, who did not have a driver’s licence.
Police stopped their grey sedan, which was also unlicensed, near Stella in the North West Province and instructed them to follow the police to the station.
At the station, an officer who was not part of the crew that had stopped them began assaulting Moodi without provocation.
The officer throttled him and repeatedly struck him with open hands on the left side of his face and ear.
“He was also pulled by his clothes. This resulted in his white Nike T-shirt being torn. In the process of the assault on him, he tripped and fell to the ground,” the court heard.
” When he was on the ground, the police officer trampled on his chest with booted feet.”
Thereafter, he lifted him and pushed him into the police station building.
The assault continued as the officer dragged him to a back room, striking him on the left side of his face in view of two witnesses – a male uniformed officer and a white lady not in uniform.
Delays in pressing charges
Moodi testified that after the assault, another policeman told him to sit down.
When he explained what had just occurred and asked to lay charges, the same officer told him to go outside as he was in a meeting with the white lady officer.
“On reaching the outside as he had been requested to, he realised that his wristwatch had been damaged in the process [of the assault].”
After some time, Moodi noticed that he was not receiving any assistance in laying charges.
“He was told the officers that had the authority to record charges against fellow officers were not present,” the court heard.
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Father’s testimony reveals police justification
Moodi’s father, Simon Pieterse, testified that he went to the police station after learning of the assault.
When Pieterse demanded accountability from the officer, “the said officer stated that the plaintiff had been talking too much,” according to court records.
Pieterse observed that his son had been assaulted and his T-shirt was torn, with his wristwatch also damaged.
Medical consequences and ongoing suffering
The day after the incident, Moodi experienced pain in his neck and left ear.
His father provided funds for treatment at Joe Morolong Hospital in Vryburg, where he was examined and prescribed medication with instructions to keep his eardrum dry.
Friend and witness Melvin Min, who was present during the incident, testified that after the assault Moodi “could not turn his head and had chest pains. He also had lost hearing on his left ear.”
Clinical psychologist Moyra Tsambos diagnosed Moodi with post-traumatic stress disorder resulting from the assault.
She found that he suffers from anxiety with “constant stings of consternation with a high degree of ambiguity and bitterness”.
Meanwhile, Professor Katijah Khoza-Shangase, a speech pathologist and audiologist, concluded that Moodi suffers from “a slight mild sensorineural hearing loss” consistent with the reported assault.
The treatment requires amplification through a hearing aid costing R30,000 initially, with annual consumables of R2,000 and refitting every five years.
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Lasting trauma and no apology
Moodi testified that he suffers from insomnia, stress and flashbacks from the incident.
“Furthermore, he realised that he is now short-tempered when this was not the case before the incident,” the court heard.
After receiving medical attention, he eventually laid charges against the officer involved.
The court heard that Moodi later encountered the assaulting officer at a tavern.
In a meeting facilitated by a third party, the officer refused to apologise and instead “denounced himself”. No officer within the police hierarchy has tendered any apology.
“It appears from the evidence of the plaintiff that an apology from the involved officer would have gone a long way in the process of recovery of the plaintiff,” Malane noted.
Court’s assessment of damages
Malane emphasised the severity of the circumstances surrounding the assault.
Moreover, Malane said the attack was unprovoked and occurred in view of Moodi’s friends and police colleagues, who showed no interest in intervening.
“The assault took place inside a police station, a place where it was expected that a member of the public would receive protection,” the judge noted.
“The assault itself was meted out by an officer in uniform.”
The court recognised assault as an infringement of the right to bodily integrity, citing that it “comprehends also a mental element” beyond physical harm.
In determining the R120,000 general damages award, Judge Malane considered comparable cases.
He referenced Minister of Justice v Hofmeyer, which established that bodily integrity includes protection against both physical and psychological harm.
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The final award
The court ordered the defendant to pay the plaintiff R80 000 for wrongful assault, including pain and suffering, loss of enjoyment of life, and insult.
Furthermore, Malan said the defendant must also pay R454 385 to cover the plaintiff’s future medical and related expenses.
“The above amount shall attract interest at the prescribed rate from the date of this judgement to the date of payment,” Malan stated.
“The defendant shall pay party and party costs of this action as set by Uniform Rule 67A and 69 and on Scale C.”
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