Injured man’s marathon quest for justice rumbles on
Seven years after a routine police stop inadvertently changed the course of his life forever, Gaaitsiwe Moroka’s quest for compensation remains stuck at square one.
Accusing the courts of delay tactics, the Rakhuna native, 47, has seen his case postponed five times, with the latest cancellation occurring on 6 October.
Moroka is suing the state for P2, 840, 200 over an incident dating back to 25 April 2018, when, travelling to Pitsane in a minibus, police officers halted the vehicle for a normal inspection.
During the search, it seems a fire extinguisher was accidentally discharged by the officer on duty, releasing carbon dioxide fumes.
Seated closest, Moroka inhaled the gas, leading to acute breathing distress and chest pains. He was rushed to Athlone Primary Hospital, where he received emergency treatment.
However, the damage was done.
According to a medical report dated 22 September by Interventional Pulmonologist Dr. Tommy Palai of Danisa Clinic, Moroka’s health has never been the same since that fateful day.
The report indicates Moroka suffers from chronic bronchiectasis, a serious, irreversible lung condition caused by inhalation injury.
It further states Moroka has never smoked, has no history of tuberculosis or heart disease, and had no pre-existing respiratory illness prior to the 2018 incident.
According to Dr. Palai’s evaluation, Moroka’s Medical Assessment of Morbidity and Respiratory Capacity score places him between Class II and III, signifying severe physical limitation. The report also notes he remains unemployed due to his debilitating health condition.
“He has suffered both acute and chronic respiratory effects from the fire extinguisher exposure. Seven years later, his symptoms persist, and he continues to struggle with everyday activities,” observed Dr. Palai.
Fed-up but determined not to be worn down, Moroka submitted a formal grievance to the Chief Justice on 4 November, voicing frustration over the repeated adjournments of his case.
He insists the persistent delays have infringed upon his constitutional right to a fair and timely trial.
Seeking urgent intervention, Moroka asked for his matter to be scheduled for hearing within five days.
“I believe the court is denying me justice and my human rights. I have been in and out of court for almost six years. My health is worsening every day, and I just want closure,” he wrote.
It is not the first time he has complained about the lack of progress in his case.
In a response dated 7 January, the Deputy Registrar of the High Court, Lebogang Botha, acknowledged the validity of his concerns.
“The concerns raised in your letter are noted and indeed valid. The matter ought to have advanced further than it currently has, which is unfortunate. Trial is scheduled for 13th and 14th February 2025. Kindly prepare accordingly so that the proceedings reach their conclusion on the set dates.”
Despite this assurance, the matter was postponed yet again, as it was last month when Lobatse High Court adjourned the matter to 11 December for status update.
Speaking to The Voice, a visibly emotional Moroka described the immense toll the prolonged court battle has taken on his life.
“There’s nothing I can do to support my family. I can’t do landscaping anymore which was putting food on my table. When night falls, I get scared because I don’t know if I’ll wake up again. I struggle to breathe. I just want justice, and I want the state to compensate me. The court keeps dragging this out.”
As the 11 December court date draws closer, Moroka remains cautiously hopeful that the Chief Justice will intervene to ensure his case finally proceeds to conclusion.
“I just want to breathe again!” he concludes desperately.
