It is often said that the wheels of justice turn slowly, but eight years can be considered to be a very long period. Eight years was how long it took a police sergeant to smile again after enduring years of trauma and frustration while fighting for justice.

By Annalise Kempen

Additional information provided by Adv Johan Boning and Karin de Villiers

On 23 March 2001, a routine task of pulling over a suspicious minibus taxi turned into a life-threatening situation when a criminal armed with an AK-47 shot a 30-year-old sergeant from the Johannesburg Dog Unit. Sgt Cornelius (Moose) de Villiers was shot in the chest and sustained serious internal injuries. He had to spend months in ICU, and made a slow recovery. Why then, one could ask, did he sustain such serious injuries - wasn't he wearing his bullet-proof? The short answer is no. The explanation though, is much more comprehensive.

Moose de Villiers is a big guy - at 140 kg he stood 1.98 m tall in his police boots - and that was why he was not wearing a bulletproof vest at the time of the incident. However, it was not due to carelessness on his part - he did not have one, as not even the largest bulletproof vest fitted him. Allegedly at least four applications were made to the SAPS' Logistics Division. Even his commander at the Dog Unit confirmed that they had applied for a customised bulletproof through the correct channels. At the time though, SAPS Head Office replied that the quotations did not meet the SAPS' standards for bulletproofs. Eventually, in February 2001, his measurements were taken at National Logistics, to start with the manufacturing of the vest. But before it was finished, he was shot on 23 March 2001.

It took eight months, 12 operations, five skin-grafts and multiple teeth-gritting physiotherapy sessions learning to walk again before Sgt De Villiers could return to work. He was tasked with booking in firearms - but, as a dedicated Dog Unit member he felt as though the whole world around him had collapsed. Two weeks after a police social worker had told him in December 2002 that he was not worth a straw, he resigned. Sadly, according to Sgt De Villiers, his employer never accepted responsibility for his injury and he resigned with a pension of R80 000.

Although Sgt De Villiers should have been able to do office work, his surgeon suggested that he undergo psychiatric evaluation and receive professional support as the incident had had a huge impact on him. The surgeon said that patients who sustained similar gunshot wounds, usually did not even survive, and that he was of the opinion that the SAPS had not tried hard enough to support and accommodate Sgt De Villiers after his ordeal.

In March 2002, Moose de Villiers sued the former Minister for Safety and Security for R2 million for the injuries, pain and suffering that he sustained due to the shooting incident. In his defence the Minister said in May 2002 that in terms of the provisions of the Compensation for Occupational Injuries and Diseases Act, the Department was not responsible for compensating him. In November 2002 the Compensation Commissioner rejected his application because he was not permanently disabled due to his injuries.

It later transpired that the SAPS had not even reported his injuries to the Compensation Commissioner. After the bad news of 2002, the De Villiers family started the process of reporting the injury themselves. Eventually his wife managed to have Moose's claim at the Compensation Commissioner processed - but he was awarded only 40% disability ... just over R2000 per month for a loyal, hard-working police member who regularly went beyond the call of duty risking his life for others, to do his best. But suddenly all the letters regarding his outstanding service had become worthless. Sgt Moose de Villiers had been honoured at least 14 times since 1994; had arrested 62 suspects for serious crimes and had recovered stolen goods to the value of R29 million in 2000. But when he needed support from the SAPS, his family had to step in and handle the process themselves.

Feeling devastated and betrayed, the De Villiers family eventually approached Asst Comm Abrie Burger and Sen Supt Johan Boning from the Division Evaluation Services who were the first officers who duly assisted them, although five years had passed since the shooting incident. They got proper legal advice and became aware of certain legal provisions that protected the employee in similar cases and where the employer was negligent.

After the first round of advice, Moose de Villiers' claim against the Compensation Commissioner was reviewed and succeeded. Further advice indicated that he could institute a claim for increased compensation as in his case where the negligence of the employer had led to the injury by failing to provide important safety equipment to a member. This claim also succeeded and the amount of R1.5 million was awarded to him. His monthly compensation increased from 40% of his salary at the time of the incident, to 80% (40% physical and 40% psychological).

As far as could be established, Sgt Moose de Villiers was the first police official to use this route to claim for increased compensation due to negligence from the employer, and succeeded. Moose and Karin de Villiers want to share their triumph with SERVAMUS readers. "After eight years, we are pleased to share our triumph in the hope that those (and we believe there must be several members) in the same position will know their rights and follow in our stride. We can testify that there is hope. We express our deepest gratitude to Sen Supt Boning for his legal knowledge and perseverance, and to Asst Comm Burger for his positive support. (Neither of them are serving members any more - Abrie Burger has since retired and Johan Boning is practising law in Pretoria.) Also, we want to thank Roy Jankielsohn of the DA for being our voice in Parliament. We would also like to thank our friends and family who supported us. Our aim was, and is, to uncover wrongdoing, and to open the door for those in the same predicament."

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There are many lessons to be learnt from Sgt Moose de Villiers' story - apart from the importance of perseverance. Each moment police officials are on duty, their lives are at risk - don't compromise your safety further by not wearing bulletproof vests. If you don't have one, get one as a matter of urgency, and keep record of your applications. An unknown author once wrote: "When the world says, ‘give up,' Hope whispers, ‘Try it one more time!'." Fortunately, the De Villiers family listened to the voice of Hope, and persevered. Unfortunately hope alone is not enough - if it hadn't been for dedicated SAPS officers who stepped in and advocated Moose's case, his would probably have disappeared among those of countless others whom the system had failed. As there are so many official "support structures" and "channels" in the SAPS, one is tempted to quote the voice of many a disillusioned member: "Where are the SAPS and the unions when we need them?"

Various newspaper articles provided by Moose and Karin de Villiers, accessed from http://152.111.1.251/argief/berigte/beeld