A Grahamstown resident whose dreams of being a soccer star were shattered when a bullet from the gun of a negligent police officer struck him in the head nine years ago is suing Safety and Security Minister Charles Nqakula for R8-million.
This is according to lawyers acting on behalf of 27-year-old Daluxolo Simama.
The shooting on March 14 1998 left Simama wheelchair-bound and dependent on a helper for the rest of his life. His sister Monica changes his nappies.
She can’t look for a job because her brother needs a full-time attendant.
The Grahamstown High Court ruled in 2003 that Sergeant Bonile Nyandi acted negligently and that the minister was liable to compensate Simama.
Judge JF Ludorf found that, as a trained police officer, Nyandi should have foreseen that ”striking Simama with a loaded and cocked pistol posed a real and substantial danger of the pistol firing when it struck his head”.
However, an amount was not finalised.
On Monday, Simama’s attorney, Xolani Mvulana, told Grocott’s Mail that he will be seeking R8-million from the minister.
According to Mvulana, more than half of the R8-million will cover the costs of full-time attendants Simama will need for the rest of his life.
A sum of R1 163 300 will go to his estimated future loss of earnings, while R2-million will take care of general damages such as shock, pain and suffering, disability, disfigurement and the loss of amenities of life. — Sapa