2007-03-19 : Minister told to foot paralysed man's pay loss

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2007-03-19 : Minister told to foot paralysed man's pay loss

Postby GOSA » Wed, 2007-03-28 07:12


Minister told to foot paralysed man's pay loss after police shooting
March 19, 2007 Edition 1

Fatima Schroeder

The minister of safety and security has been ordered by the Cape High Court to make an interim payment of R280 000 to a Kuils River man left paralysed when an off-duty policeman shot him in October 1995.

Allister Roy Luiters was wounded in an Eerste River street by Lionel Siljeur, who said he had been robbed and was looking for the culprits.

Late last year, the Constitutional Court upheld Cape High Court and Supreme Court of Appeal findings that the minister was liable for Luiters's injuries as Siljeur had been performing police work.

The Constitutional Court expressed concern that the shooting had taken place 11 years earlier, yet Luiters had yet to be compensated for his losses.

The high court is to determine the amount to be paid to Luiters in damages.

Luiters applied urgently on Friday for an interim payment of R280 000 by the minister.

His wife, Johanna, says the couple are struggling financially. In an affidavit, she said that, at the time of the shooting, her husband worked for the Kuils River electricity department. He had last received his salary of R3 170 in 1996 and had lost R280 609 in income.

Luiters had taken legal action against the minister and Siljeur a year after he was shot, but there had been delays, creating serious financial difficulty for him and his wife. In April 2005, Justice Wilfred Thring found the minister was liable for Luiters's injuries. The minister challenged the decision.

Siljeur also fired at other people, wounding two more. He was sentenced to serve 11 years in jail for eight counts of attempted murder.
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