MBABANE – A woman who was allegedly shot along with her boyfriend by soldiers during the civil unrest is suing government E3.5 million.
Megan Fourie of Qobonga, Mbabane has instituted proceedings in the High Court and cited the Umbutfo Eswatini Defence Force (UEDF) and attorney general as the first and second respondents, respectively. She is demanding E3 550 000 at nine per cent per annum calculated from the date of service of the summons to the date of final payment.
In the summons, she alleged that on November 14, 2022, around 12:30am, she was negligently and intentionally shot at, execution style, by members of the UEDF.
She stated that the incident occurred at Nkoyoyo, Mbabane, and involved approximately five members of the UEDF. At the time, Fourie submitted, the soldiers were allegedly driving in a black SUV motor vehicle.
The identities and ranks of the soldiers, as well as the registration number of the vehicle, are stated as being unknown to the plaintiff. Fourie told the court that she was in the company of her boyfriend, Muhamed Alusta, and that they were headed home to Nkoyoyo from a location in Ezulwini.
She pointed out that she was in no way engaged in illegal activity. The filed papers state that at the material time of the shooting, Fourie was not engaged in any criminal activity nor was she participating in any unlawful activity.
She was allegedly shot while inside the car with her hands held up. The summons further alleged that the UEDF members simply fired at the vehicle in which she was an occupant without asking any questions.
Fourie contended that the conduct of the soldiers on that date was unlawful, wrongful, intentional, unwarranted and unjustified in the circumstances.
Based on the principle of vicarious liability, the UEDF is cited as being vicariously liable for the conduct of its member or officers, who are alleged to have been acting within the course and scope of their employment at the time of the incident.
“At all material times of the shooting of the plaintiff, she was in the company of her boyfriend Muhamed Alusta and they were headed home at Nkoyoyo from Cuddle Puddle in Ezulwini.
“The said members of the Umbutfo Eswatini Defence Force were acting within the cause and scope of their employment as members of the Umbutfo Eswatini Defence Force.
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