Court Rules R150,000 Payout for Assault Victim

The Northern Cape High Court has awarded R150,000 in general damages to Springbok resident Martin Damon for injuries sustained during a 2012 assault while detained at Nababeep Police Station. However, the court dismissed the bulk of his R2.6 million claim, citing a lack of credible evidence to support demands for past and future medical expenses and loss of earnings.

The judgment, delivered by Acting Judge Tyuthuza, follows a protracted legal battle initiated in 2015 against the Minister of Police. Damon alleged he was assaulted by a fellow detainee, resulting in severe spinal injuries that left him partially paralysed, reliant on a walking stick, and suffering chronic pain. While the court previously found the state liable for unlawful conduct by police personnel, the recent proceedings focused solely on quantifying damages.

Key testimony came from Dr Etienne Boer, who treated Damon in 2012 and described life-threatening spinal injuries requiring emergency surgery. However, Dr Boer admitted under cross examination that his last consultation with the plaintiff was in 2014, rendering his predictions about future medical needs “speculative.” Nurse Daleen Theron corroborated Damon’s reliance on state-provided painkillers and noted his inconsistent use of a walking stick, while Kimberley Hospital officials confirmed the loss of critical X-rays due to a server crash.

Damon testified that the injuries ended his career as an independent broker and tax consultant, claiming pre-incident earnings of R30,000 to R40,000 per month. Yet he produced no tax returns, bank records, or client affidavits to substantiate his income. He denied, as was put to him under cross-examination, that his evidence was improbable and fabricated.

In awarding R150,000 for general damages, which was below the requested R500,000, the court acknowledged Damon’s “frail” condition and chronic pain but emphasised the absence of recent medical evaluations linking his impotence and arthritis to the assault.

Referencing precedents like Mashigo v Road Accident Fund, the judge noted that general damages require balancing subjective suffering with objective evidence, which here was outdated or incomplete. Claims for R1.75 million in lost earnings and R350,000 for medical expenses were dismissed outright as Damon had failed to provide documentation of income or private medical expenditures.

While spared a multimillion-rand payout, this is another reminder for the Minister of Police to ensure detainee welfare protocols remain a key part of the police accountability framework.

You can read the full Damon v Minister of Police judgement here.

Written by Theo Tembo