High court finds Eastern Cape municipality liable after mayor’s guard shoots boy, 5

Judge John Smith, in judgment, said: “The heart-rending facts of this case evoke harrowing images from any parent’s worst nightmare.”

Nathan's parents told the court that the boy had just finished his favourite food, muffin and custard, and that “all hell broke loose” when he joined his mother in her bedroom a few minutes later.The judgment reads that Nathan's father's first concern was for his family.

The Martin home is a prefabricated structure with hollow walls. The bullet entered a bedroom window about a metre above the floor. Martin later discovered two more gunshot holes in the roof sheeting.“Mrs Martin said that after Nathan had joined her in the bedroom, he said his usual night-time prayer and the two of them recited the“Seconds later she heard gunshots. It sounded to her as if something had struck the window.

“He then also heard his friend Melikhaya calling him and imploring his help. When he opened his front door, he saw that Melikhaya had been pushed against an aloe bush next to his fence by an unknown assailant. “He said that he had fired the shot at an angle into the tarred road and had seen sparks fly from where the bullet had struck the tar. He assumed the bullet must have ricocheted and penetrated the Martin residence.”

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