AL Digs
IN THE HIGH COURT OF SOUTH AFRICA
(NORTHERN CAPE DIVISION, KIMBERLEY)
Reportable/Not Reportable
Case no: 308/2015
In the matter between:
MARTIN ALISTAIR DAMON PLAINTIFF
and
MINISTER OF POLICE DEFENDANT
Neutral citation: | Damon v Minister of Police (Case no 308/2015) (7 February
2025)
Coram: Tyuthuza AJ
Heard: 06 — 08 May 2024 & 12 September 2024.
Delivered: 7 February 2025.
Summary: quantum and proof thereof — general damages — past and future loss
of earnings — past and future medical and related treatment. General damages
awarded: — R150 000.00 — no evidence to sustain the plaintiffs claim for past and
future loss of earnings, past and future medical related treatment — claims
dismissed.
JUDGMENT
Tyuthuza AJ
INTRODUCTION
[1] On 19 February 2015, the plaintiff Mr. Damon, instituted action against the
defendant, the Minister of Police. The plaintiff alleged that he was arrested on 03
March 2012 and detained at the Nababeep Police Station, Springbok, Northern
Cape Province. During his detention the plaintiff was allegedly assaulted by a
fellow detainee who was at the time unknown to him, and as a result of which the
plaintiff sustained injuries and had to receive medical treatment at the hospital in
Springbok and later at the Kimberley Provincial Hospital.
(2] The plaintiff alleged that he sustained the injuries comprising of serious
neck and serious spinal injuries as a result of the unlawful conduct of the
defendant's employees, being the members of the South African Police Service.
[3] The merits and quantum were separated. The trial in respect of the merits
proceeded, wherein judgment was granted against the defendant in favour of the
plaintiff and the matter was to proceed for the purpose of determining the issue of
quantum.
[4] The plaintiff claims from the defendant a total amount of R2 600 000.00,
comprising of:
4.1. R500 000.00 for general damages;
4.2. R250,000.00 for past medical and related treatment;
4.3. R100 000.00 for future medical and related treatment;
4.4. R 1 750 000.00 for past and future loss of earnings.
2
[5] The plaintiff has delivered one report by Dr Boer, an expert witness,
whereas the defendant has not delivered any expert reports.
EVIDENCE
Dr Etienne Herbert Boer:
[6] The first witness called by the plaintiff was Dr Etienne Herbert Boer, a
specialist physician. He testified that he received Mr. Damon on 4 March 2012 who
was brought into the casualty ward on a stretcher. At the time Dr Boer was
employed as a medical officer at Springbok Hospital. According to him, Mr. Damon
complained about not being able to move or feel his legs and severe neck pain.
He further testified that the plaintiff was fully conscious and able to communicate.
[7] According to the J88, Dr Boer recorded that the plaintiff sustained severe
anterolosthesis of the C7 vertebrae on the T1 thoracic vertebrae after the alleged
physical assault. He referred the plaintiff to the Kimberley Hospital for a neck
operation, as the neck injury was causing compression on the spinal cord which
could lead to a neurological fallout, thus the neck operation was necessary to
prevent further damage. He testified that the plaintiff was almost partially
paralysed. He testified that the plaintiff would need further future medical
intervention in the form of pain management.
[8] Under cross examination, Dr Boer testified that he last consulted with the
plaintiff before 2014, and that he could not have prepared a report on the future
medical issues of the plaintiff. He further conceded that he could not advise the
court whether the plaintiffs injuries had deteriorated over time or improved.
[9] His report was undated, and he was unable to tell the Court when exactly
he wrote it but conceded that it was before 2014. He stated that his evidence
pertaining to the future needs and accommodations of the plaintiff were merely