A Uitenhage man who tried to stop his brother from being arrested is suing Police Minister Nathi Nhleko for R1.2-million after he was shot in the pelvis.
Xolani Mbozana, 29, claims police Constable Xolani Jack shot him on July 22 2013 in the garden of his grandmother’s KwaNobuhle home.
Mbozana limped into the Port Elizabeth High Court where his civil case is being heard.
His advocates Pieter Mouton and Nicola Barnard, instructed by attorney Wilma Espag van der Bank, have brought two claims on behalf of Mbozana.
One claim is for assault totaling R810 000 and another for the wrongful and unlawful arrest and detention for R400 000.
Mbozana was called to the witness stand on Monday where he said a policeman pointed a firearm at him twice before shooting him.
“Myself, my brother and a friend [Kolekile Dloto] were sleeping in the shack in the backyard. When police came in the yard … they said they were there to arrest [Thembile] Mbozana for rape… The two officers then went to fetch the complainant in the police van who identified my brother as the rapist,” Mbozana said.
Mbozana said the police then allegedly kicked Thembile after he refused to climb into the police van.
It was at this time that Mbozana intervened and was shot in the pelvis which permanently damaged his genitalia.
While at Livingstone Hospital, Mbozana said: “A policeman said I should open a case against the policeman who shot me, which I did … I have not been in court regarding this situation.”
Thembile died earlier this year after he was stabbed in KwaNobuhle.
The trial continues today.