R140 000 award to daughter

THE daughter of an East London woman beaten by a court orderly at the magistrate’s court in 2010, has been awarded R140 000 in damages by the high court.

Nosipho King instituted civil action against the Minister of Police, Nathi Mthethwa, shortly after the attack, however, she has since died from an unrelated illness.

Nomeza King, her daughter and executor of her estate, accordingly became the plaintiff in the matter. She will therefore receive the monies paid out.

Despite Inspector Jerome Shabalala being found not guilty of the assault by a trial court last year, the civil court this week ruled 44year-old King had sustained serious injuries as a result of the scuffle and Shabalala’s employer, the Minister of Police, was therefore liable in respect of general damages.

King initially claimed R1.8-million for general damages for pain and suffering, future loss of earnings and medical expenses.

Following her death, the claims for future loss of earnings and past and future medical expenses were abandoned and the amount claimed was reduced.

Shabalala, who had been on duty at the time of the incident in January 2010, had assaulted King with a baton and a broomstick following a rowdy altercation.

King had been at court to support her son who was facing trial. She had allegedly been disruptive and after Shabalala asked her several times to settle down, he reportedly physically removed her from the courtroom.

A fight broke out between the two and Shabalala hit King with a broomstick and police batten.

A Daily Dispatch reporter and photographer arrived on the scene shortly after the incident and photographed a bloodied King.

On Tuesday, Judge John Smith awarded Nomeza King R140 000 in damages and made a costs order against the Minister of Police. — kathrynp@dispatch.co.za