Police liable after reservist shoots ex-lover
Cape Town - The police minister has been found
vicariously liable for the actions of a reservist who, scorned by her former
lover’s refusal to reconcile with her, used a police firearm to shoot him in a
city clothing store.
The reservist, NombuyiseloPetshwa, was sentenced to
eight years in jail, two of which were suspended, after she pleaded guilty to
charges of attempted murder and defeating the administration of justice.
But the lover, Kuils River security guard
ThembelaniPehlani, instituted a civil action against the minister in the
Western Cape High Court, claiming R10 million in damages, and submitted that
the minister should be held vicariously liable for Petshwa’s actions.
The court was asked only to determine the merits of
the case – not the amount of damages.
During the trial it emerged that Petshwa sent
Pehlani threatening messages when he ended the relationship, after she accused
him of infidelity.
She also poured petrol over him and tried to set
him alight.
But her plan failed and, nine days later, she
threatened to kill him if he wasn’t back with her the next morning.
Three days later, armed with a police-issue firearm
after booking herself on beat duty, she left her post at the Grand Parade,
found Pehlani buying socks in Mr Price in Adderley Street, and shot him.
After recovering, Pehlani was arrested because
Petshwa told police she shot him because he had attempted to rob her of her
firearm.
The charges against him were withdrawn after the
true state of affairs emerged.
When the case went to court this month, the parties
agreed that if it was found that the minister was liable, Petshwa and Pehlani
both carried part of the blame, and the minister would only be liable for 70
percent of the damages.
In a judgment handed down this week, Judge Owen
Rogers said that in terms of the SAPS Act, reservists were deemed to be in the
employ of the police while on duty, even though they may not be remunerated.
He added that firearm licensing requirements in the
Firearms Control Act did not apply to police, who were instead issued permits
by the national commissioner.
He also said that she was on duty and in uniform.
“While on duty she had all the duties of a police
officer including, importantly, the duty to protect members of the public from
crime. Not only did she fail to do so, she used her official firearm in her
attempt to murder the plaintiff,” Judge Rogers said.
He found the minister vicariously liable for 70
percent of the amount of damages Pehlani could prove.
Weekend Argus
