Four armed cops with ‘big firearms’ shot Khethabahle – witness

The Johannesburg high court this week heard how police officers leaned over a security fence at Thabiso Khethabahle’s home and shot him, leaving him paralysed.

The October 2009 incident was relived in the court where Khethabahle’s lawyers are seeking an order determining the liability of the SAPS and metro cops before proceeding with a civil lawsuit against the state.

Khethabahle's sister and neighbour testified this week about the incident that happened during a protest over electricity supply in Extension 2 more than 14 years ago.

Neighbour Johannes Majatladi, who witnessed the incident, told the court that he saw four policemen armed with “big firearms” leaning over the fence and shooting Khethabahle. 

“The protest was at a road intersection and protestors were on one side while the police were on the other side. I did not see protestors carrying any weapons. But when gunshots started going off, I ran towards Simphiwe’s [Khathabahle's brother] house to take shelter,” he recalled.

“I saw four police officers carrying big firearms leaning over the fence. They were all male.”  

One of Khethabahle’s attorneys, Lulama Mqongozi, said they had been involved with this matter since it was brought to them in 2012 and the matter has experienced many delays and postponements as a result of tests that Khethabahle had to undergo. 

“I have taken him to more than 15 doctors. The SAPS has already taken him to its own doctors, but EMPD [Ekurhuleni Metro Police Department] has not taken him to any doctors. Thabiso’s claim is too big. His life is done. He can never do anything for himself ... ever again,” Mqongozi said.  

“We will be claiming for loss of income, loss of future earning potential, past and future medical expenses, general damages, pain and suffering. It’s a wide claim.

“We have not quantified how much the claim will be. For now, we want the court to decide whether the police are responsible because they are all denying liability, in spite of the photographs showing they were on the scene.”

The 14-year wait for justice has taken its toll on his family.

His sister Nolwazi Khethabahle, 28, told Sowetan outside court that her brother was severely injured and cannot do anything for himself. 

Nolwazi said the injury had dashed Thabiso’s dream of looking for a job and taking care of his family.  

“My parents, Simphiwe, Thabiso and I were all in the yard watching the protest unfolding around 10am. But within an hour we heard gunshots, and we ran for cover inside the house. We were called outside and were told that Thabiso had been shot.

“We took him to the front lawn and that is when a journalists car passed by and they stopped to assist us. This thing happened as my brother was just getting ready to go to church with our eldest brother Simphiwe,” Nolwazi said. 

“Thabiso has never been the same since. He needs someone to look after him on a permanent basis as he cannot feed himself or bathe himself. My mother has taken on that role.

“It has consumed her life as she needs to be with him every single day since he even needs someone to take him to the toilet. He also gets sick very easily and is sometimes irritable because of depression and needs to be taken to hospital.” 

Khethabahle, 34, of Palm Ridge on the East Rand was left wheelchair- bound following the shooting.

Prof Moses Phooko, crime expert from the University of Fort Hare said the court has to pronounce based on the evidence led before it. 

"...for negligence, there are certain boundaries, what we call in law a delict. For example, when the police were shooting, they were exercising what we call a reasonable man test otherwise, would have the police foreseen that their conduct was more likely to injure a person if they were going ahead to shoot that is one of the tests and could they have done anything better to avoid that, so all these factors come into play," Phooko said.

Additional reporting by Koena Mashale