A car chase through the streets of Laudium, west of Pretoria, and a shootout during which the passenger of the car was hit in the back and later died in hospital, turned in the Gauteng High Court, Pretoria.
The widow of the deceased claimed loss of support on her behalf and her children from the Tshwane Metro Police Department.
Rebecca Ranoto turned to court as she said her husband supported the family financially, and the Metro police must thus now compensate her for this loss.
Frans Ranoto, who was a passenger in the car, also claimed damages as he said the police shot him through the hand during the incident.
The police, on the other hand, said they had no choice but to fire shots at a red Renault Clio vehicle. According to them, they noticed the vehicle did not have a registration disk on its window and it indicated for the driver to stop.
The driver sped on, the police said, and opened fire at them - the occupants of the vehicle. The court was told that the Metro police were left with no option but to fire back.
Frans Ranoto denied this and said they simply drove on to find a convenient spot to stop. According to him, it was the police who fired the shots, and not him or the driver.
The shooting incident occurred near the intersection between the R55 and Schurweberg Road, Laudium, on May 19, 2019.
Frans Ranoto (the fourth plaintiff) testified that whilst he and the deceased were travelling in the red Clio, he heard a siren go on just before they reached a stop sign. They drove past the stop sign and did not stop immediately as they were still trying to secure a proper place to stop.
When they were about to stop, he heard gunshots. He conceded that he could not rule out the possibility that blue lights had also been turned on by the Metro Police Officers.
He was clear that when he heard the siren go on, it occurred to him that it was the police officers. When the shooting had stopped, he remained in the vehicle for about 15 minutes. The deceased told him that he had been shot at, even though he did not state where exactly.
The fourth plaintiff had himself sustained a non-penetrative wound, which he says he sustained whilst he had raised his hands up as a sign of surrender. The bullet skidded through between the small and the ring fingers. According to him, they did nothing to warrant the Metro police from shooting at them.
Officer Phethiwe Paul Telile, a Constable in the Tshwane Metro Police Department, testified that he, together with his colleague, were on crime prevention patrol around Laudium. They noticed a red Renault Clio at a robot-controlled intersection on the R55 and Schurweberg Road, without a licence disc on the left-hand side of the windscreen.
They put on the blue light and signalled to the occupants of the red Clio to turn right onto Schurweberg Road and stop. The driver failed to stop as instructed; instead, he accelerated the speed and fled. The Metro Police Officers turned the siren on, and a chase ensued, the court was told.
According to the witness, after about a kilometre, the fourth plaintiff started shooting at the Metro Police Officers. They, in turn, retaliated by firing shots towards the red Clio.
The red Clio eventually moved out of the road. Before it could come to a dead stop, the fourth plaintiff jumped out and disappeared into the nearby bush.
For their safety, they did not pursue the fourth plaintiff as it was dark, the court was told. The officer denied that they intentionally and without just cause shot at the fourth plaintiff and the deceased.
Acting Judge MR Moleleki said when considering the circumstances of the case, it cannot be said that it was not necessary for the Metro officers not to avert the attack on them.
“Therefore, without a wrongful act, there can be no cause of action for loss of support. It follows therefore that the dependants’ claims brought by the first plaintiff cannot succeed,” the judge said in also turning down the claim of the fourth plaintiff.
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