Durban — A disgraced attorney has been ordered to cough up from his own pocket for damages awarded by a court earlier this month to two women who were taken hostage by a mentally ill gunman while they were on duty at a Durban hospital.
Nkosinathi Erasmus Myeza is the attorney engaged by the women to summon Westville Hospital for the trauma and harm they suffered during the hostage drama at their facility in 2012.
Myeza failed to do so and their claims were prescribed.
Khulile Mngadi, who sustained gunshot wounds to her buttocks and leg, was also shot in the arm at close range, and Khonani Nyawose, the other victim, who suffered immense trauma at the hands of the edgy gunman, subsequently filed damages claims against Myeza for “professional negligence”.
A default judgment was granted in the plaintiffs’ favour in May 2022 because Myeza, who was struck from the roll of attorneys in August 2016 on various counts of trust fund irregularities, did not attend the court sessions.
The quantum of compensation due to Mngadi and Nyawose was decided by Acting Judge Garth Davis in the Durban High Court on June 4, with Myeza absent once again.
Acting Judge Davis awarded Mngadi R325 000 for general damages and R127 000 for future medical expenses.
Nyawose received R210 000 for general damages and R127 000 for future medical expenses.
They each intended to claim R700 000 for their pain, suffering, shock and stress; R56 000 for psychotherapy; and R71 000 in lieu of hospital and other treatment.
Mngadi, of Lamontville south of Durban, and Mngoma, from Illovo on KwaZulu-Natal’s South Coast, worked as hostesses at the time of the April 27, 2012, incident.
The mentally challenged gunman entered the hospital and demanded to see a doctor. It turned into “mayhem” when the assailant ended up with four hostages in a small office with glass walls. Mngadi and Nyawose were among those taken captive.
The gunman demanded they all lie on the floor and fired a shot into the ground. Shrapnel from the bullet struck Mngadi in her buttocks and foot.
She was also made to sit on a chair and to “pretend-type” and also call a number, given to her by the gunman.
When the call was unsuccessful, he fired a shot at her arm from close range. Mngadi was not seriously injured because the bullet travelled through a fleshy part of her arm.
Nyawose was released shortly after the shooting.
Mngadi ended up being the last remaining hostage in the custody of the “deranged gunman”.
While he held the weapon close to Mngadi’s body, a police sniper shot the gunman in the head.
He collapsed and died.
The ordeal left the victims severely traumatised.
Both testified during the court proceedings, describing the lingering impact the April 2012 incident had on their lives.
Nyawose and Mngadi instructed Myeza to institute legal action against the hospital, but he failed to deliver the summons.
Judge Davis said: “That the plaintiffs had to endure a harrowing ordeal is without a doubt true.
“Being held hostage by a mentally unstable person armed with a gun must be a truly terrifying experience.”
He also took note of how Mngadi was shot at close range after already having sustained other injuries, and her telling the court that she feared being killed, which had a “profound psychological effect on her”.
Mngadi watched as other hostages were released and was forced to speak to her assailant, mindful that he could shoot her at any time.
“She believed she was staring death in the face, but the police sniper was able to get a clear shot at the gunman.”
Since the incident, Mngadi has an exaggerated response to loud sounds, which causes her anxiety and has left her with other major disorders such as depression and significant psychological problems that require therapy.
Judge Davis noticed that Nyawose was a highly emotional witness and struggled to keep her composure, which was the result of the terror of her ordeal.
Nyawose was unable to function properly after the incident, which effectively prevented her from returning to work.
She displayed obsessive, compulsive behaviour and struggled with an anxiety disorder, depression, post-traumatic stress and issues of low self-esteem.
Judge Davis said he considered various factors, which included expert evidence and case law, and based on the degree of trauma suffered by them individually, found “the amounts must differ”.
While he was of the view that the quantum granted suggested the matter should have been heard in the regional court, Judge Davis awarded legal costs at the high court tariff.
Sunday Tribune