‘Injuries have compromised her life’: R650k for woman shot by police during Barberton protest

The Mpumalanga High Court in Mbombela has ordered the Minister of Police to pay R650 000 in damages to a woman who was shot and arrested during a protest in 2020.

Fikile Angel Gininza was struck four times in the back with rubber bullets by South African Police Service (Saps) officers responding to unrest outside the Barberton Community Clinic.

Following the shooting, she was arrested and detained.

Her legal action sought R1 million for unlawful arrest and detention, as well as R2.5 million for assault.

Barberton protest results in unlawful assault and arrest

Gininza, a farm worker and traditional healer, told the court she had not been involved in the protest on 7 February 2020.

She testified during proceedings on 25 February 2026 that she had been on her way with a friend to attend a ceremony when police officers approached from behind and opened fire.

After falling into a bushy area, she contended that an officer shot her again at close range, despite her attempts to explain that she was not participating in the protest.

She was then taken to a police van, which drove around the township before eventually transporting her to the police station, where she was formally processed, arrested, and charged at around 11:40 pm.

Gininza indicated she was only taken to hospital the following morning on 8 February, despite bleeding heavily from her injuries.

She remained admitted until 13 February.

She claimed she never appeared in court and was later informed that there was no case against her.

The court also heard that her injuries have had lasting consequences, affecting her ability to work and forcing her to pay for assistance in her daily life.

Under cross-examination, Gininza maintained that she neither saw the protest nor heard gunshots while walking along her route.

However, she acknowledged hearing people running and general commotion on the main road.

When her hospitalisation was questioned, she insisted that discharge records confirmed her admission.

Police version of events

Warrant officer Mnisi, a member of the public order policing unit, described a volatile situation at the clinic.

He testified that protesters had blocked access to the facility using stones and burning tyres and had refused to disperse when instructed.

According to him, the police attempted to calm the situation but were met with hostility as residents threw stones and bottles.

Officers then deployed stun grenades and rubber bullets to break up the crowd.

Mnisi told the court he did not know why Gininza had been shot in the back and explained that he had not seen her during the operation due to poor visibility at night.

He later found her injured on the ground and assumed she was among the protesters.

An ambulance was called but only arrived after midnight.

When asked about claims that she had been shot at close range, Mnisi responded that he had no comment.

He further explained that Gininza had been handcuffed and guarded in hospital to prevent her escape and that she could not be taken to court because access roads were blocked.

Mpumalanga High Court judgment

In its ruling, the high court found that the police had failed to justify both the use of force and the subsequent arrest and detention.

Acting Judge TS Ngwenya highlighted that Mnisi could not place Gininza at the scene of the violent protest and could not dispute that she had been shot in the back.

“Even if I were to accept that the plaintiff was part of the protest and was fleeing when she got shot, that does not justify the shooting, as she was no longer a threat,” the 6 July 2026 judgment reads.

“I consider that the injuries have compromised her life, including her love life, because of the scarring,” Ngwenya added.

Gininza was awarded R200 000 for unlawful arrest and detention and R450 000 for assault, bringing the total compensation to R650 000.

The minister of police was also ordered to pay interest at a rate of 7% per year from the date of judgment until the full amount is paid.