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The Long Road to Justice: The Struggle of Khethabahle and the Battle Against Police Brutality

Published March 08, 2024
2 years ago

In the heart of Johannesburg, echoes of a 14-year-old tragedy reverberate through the High Court as the saga of Thabiso Khethabahle unfolds. In October 2009, during a local protest over electricity supply in Extension 2, a fateful incident occurred that would leave Khethabahle paralysed and forever change the course of his life.


The solemn courtroom became a portal to the past as witnesses relived the day Khethabahle was shot by police officers. The court listened intently as Johannes Majatladi, a neighbor and an eyewitness, recounted how he saw four armed police officers with large firearms lean over the fence of Khethabahle's property and open fire. Majatladi's testimony offered a chilling account of a protest devoid of weapons on the side of the demonstrators, standing in stark contrast to the heavily armed police presence.


Lulama Mqongozi, one of Khethabahle's attorneys, revealed their extensive pursuit of justice since 2012, a journey riddled with delays and challenges. With 15 doctor visits, a significant tally of delay tactics, and the Ekurhuleni Metro Police Department (EMPD) notably absent from these medical evaluations, the case's complexity extends far beyond the courtroom.


The legal team seeks recompense for a myriad of damages, including loss of income, future earning potential, and a lifetime of medical care for Khethabahle, who faces a lifetime reliant on the round-the-clock care of his family. Unlike the unquantified claim, the pain and the suffering are all too real for Khethabahle and those close to him.


Nolwazi Khethabahle, Thabiso's younger sister, paints a harrowing picture of the devastating impact the shooting has had on their family. The dire consequences are not limited to Thabiso's paralysis; they ripple through the family, demanding immense physical and emotional caregiving and thwarting his dreams of employment and independence.


Amidst the bleak narrative, questions of liability and negligence are at the forefront of legal considerations. Professor Moses Phooko, a crime expert, elucidates on the 'reasonable man test,' a legal litmus for negligence that begs the question: Could the police have foreseen and prevented the harm caused by their actions?


The court's decision will hinge on these legal principles. Yet, for Thabiso Khethabahle, the scales of justice weigh his very life's value and quality. The struggle is not just his but embodies a broader fight against unchecked police brutality in South Africa.



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