Pretoria - The depleted state coffers will once again be used to compensate for police blunders. This time, police will have to pay R2.6 million in compensation to a man who was illegally locked up for two years, all because he shot a would-be robber in self-defence.
Ntokozo Patrick Xulu was the victim but he never received the protection one would expect from the police, a judge sitting in the Gauteng High Court, Johannesburg said.
Judge Irene de Vos ordered that the police pay him R2.6m after his life was destroyed by the actions of those who were supposed to protect the people.
Xulu claimed damages for his illegal arrest, detention and prosecution. He told the court that he had been the victim of an attempted robbery outside his home in Berea. The robber was one Rodriguez. Xulu had twice unsuccessfully tried to fight him off.
After his attempts failed, Xulu had shot and killed Rodriguez in self-defence.
He was charged with the murder of Rodriguez and was detained for just over two years before he was acquitted.
Xulu said he that from the ouset, he had repeatedly told the police that he had acted in self-defence. They had refused to listen to him. The SAPS had also omitted to inform the prosecution that Xulu had killed Rodriguez in self-defence.
The prosecution, who police had kept in the dark about Xulu’s defence, had persisted in his prosecution. Xulu’s persistent refrain during his evidence had been: “I told them, but no one would listen to me. I was the victim of the crime, but they treated me like I was the criminal.”
The arresting officer testified that he had been called out to attend to a shooting on the corner of Lily and Abel streets in Berea. When he had arrived at the crime scene, onlookers told him the shooter had left in a maroon car.
The officer had managed to track Xulu down. He had admitted that he had shot someone but had said it had been in self-defence.
He had been arrested, as the officer said the defence that Xulu was the victim, seemed “fanciful”.
Judge De Vos said, however, as the evidence developed, the scales tipped. The scene of the shooting had been just outside Xulu’s home. He had just arrived home from work. His house was opposite Berea Park, a notoriously dangerous area.
He had explained how he had been attacked by two assailants. The first had opened the passenger door to the back seat, jumped in the car and threatened Xulu with a knife. Simultaneously, a second assailant, Rodriguez, had appeared at the window. Xulu had opened the car door in an attempt to push him away. Rodriguez had stumbled backwards and undeterred, he had regained his balance and again approached Xulu’s window.
Xulu had been trapped in the car and had fired two warning shots in the air.
Pretoria News