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COPS LIABLE FOR INJURIES

Zelda Venter|Published

CASE: Cops liable for injuries

Image: File

THE Police have been found liable for a man’s injuries after he was shot by robbers while in custody and taxpayers will have to foot the bill.

Enock Ximba had been arrested for klopping music too loudly but never made it to the cells.

Instead, he spent six days in ICU after the cops, en route to the police station, attended a crime scene with him in the back and he got shot in the stomach.

The court found that the Minister of Police is 100 percent liable for Ximba’s injuries suffered in the shootout between the cops and robbers.

The court also questioned why it was necessary for Ximba to be arrested on a charge of noise pollution in the first place, while they could have simply issued him a warrant to appear in court.

A police constable, in explaining his version of why Ximba was arrested for playing music, said he and a colleague went to Ximba’s home that day and heard music being played loudly.

He further explained that while on the way to the police station, two unknown people fired shots at the police van out of the blue.

Acting Judge M Malan court said of the police had a legal duty to protect people in their custody, which they did not do in this case, adding: “As for what purpose the plaintiff was arrested, this court is in the dark...”