Cape Town - A 51-year-old Khayelitsha widow is pinning her hopes on the Western Cape High Court to make a favourable ruling in her civil suit against the Minister of Police for the death of her husband in October 2005.
Nosisana Tekete’s husband, Johannes, was shot dead by a police officer on October 2, 2005 in Site C.
Evidence led during the trial indicates that on the day Tekete allegedly intervened when a situation turned ugly and the crowd was allegedly manhandling the police officer.
A shot went off and he was shot in the spine and later died in hospital.
The widow believes the police officer was responsible for her husband’s death and now she wants compensation.
Advocates Jerome van der Schyff for the police and Eugene Benade representing the widow on Tuesday tabled and debated their heads of arguments before Judge Monde Samela.
The widow said: “I cannot believe that after 14 years that the case was heard in the High Court.
“I want justice and I want the police to pay for the pain and suffering I endured.
“At the time of my husband’s death my one baby was only 18 months old. The police took away our breadwinner. We struggled emotionally and financially. I wasn’t able to send my children to school.”
In his submission, Benade argued that once the court finds that the deceased was shot by the police then it discharges the onus and shift it to the defendant. He saidthere were so many contradictions in the version of the police officer’s and submitted that the officer’s version be rejected.
“There are inherently nine versions from the police officer before this court and I submit that his versions be rejected,” Benade said.
Van der Schyff was lambasted by Judge Samele for the way his heads of arguments were led and also discussed evidence of another person who was not called to testify.
The widow’s legal team will debate the quantum if the Judge rules in favour of the widow and find negligence on the part of the police officer who fired the fatal shot.
Judgment was reserved.