Pretoria - A Woman’s hopes to receive millions in damages from the police after she was shot by her jealous lover – a then constable stationed at Ga-Rankuwa Local Crime Record Centre – has been dashed on appeal.
A judge of the Gauteng High Court, Pretoria, earlier ruled the SAPS liable for the damages to Portia Mathibela, after she was shot by then constable Lawrence Seloana.
He accused her of being unfaithful and shot at her six times, only to rush her to hospital for treatment.
She survived, but claimed R4 million in damages from the minister of police, whom she holds vicariously liable for Seloana’s unlawful action of shooting her with a police weapon which he had taken home.
The police took the matter on appeal, and two judges found Seloana acted on a frolic of his own when he shot his girlfriend. It was found that Judge Moses Mavundla was wrong in his conclusion that the minister, as the employer of the police officer, was liable for Mathibela’s damages.
Although Seloana was off at the time, the court earlier determined that he should not have been issued with a firearm to take home.
This was mostly based on the vague allegations that he was involved in another, earlier unrelated shooting, in which he fired 15 rounds at someone else. But the two judges, in overturning the verdict that the SAPS was liable, said the previous incident was never taken further and no details were provided in this regard. Thus, they concluded, it could not be used to hold the SAPS liable for Seloana’s conduct.
Mathibela told the court that they had been dating and Seloana attended a family party at her home. He accused her of having a romantic relationship with a man who was at the same party.
An argument ensued and Seloana fired shots at Mathibela and the man.
The court heard he had fired six shots at her, and when she fell down, asked her whether she was still alive.
He then fired another shot at her, but then rushed to pick her up and took her to hospital.
Mathibela testified she was in love with him because he was a policeman and felt he would protect her.
The police argued they did not foresee Seloane would shoot someone, let alone his girlfriend – and this was not something the minister could be liable for.
The judge on appeal said Seloana was not on duty that night and the fact that he specifically used the firearm to injure his girlfriend had nothing to do with his employer – the SAPS.
“The firearm was but the nearest tool to use in Seloana’s effort to harm her… No doubt Seloana would have used the nearest weapon, be it a knife, stick or anything else, to harm the plaintiff and her suspected lover,” the judges said.
Pretoria News