…after employees allegedly assaulted man and left him blind in one eye
Moorosi Tsiane
A Chinese businessman is facing a M2 million damages claim after two of his employees allegedly launched a brutal attack on a Maseru man, leaving him permanently blind in one eye and with life-changing injuries.
Chen Hai Ling, the owner of Vasco Da Gama Off Sales near Sefika Complex in Maseru, has been sued alongside his former employees, Thato Pakela and Kompi Tokonyane, over an alleged assault that occurred on 25 February 2023.
The victim, Relebohile Maliba of Ha Seoli, alleges that the two men, who were employed as security guards at the liquor outlet, attacked him with sticks and swords without any lawful justification.
In court papers filed in the High Court this past week, Mr Maliba cites Mr Pakela as the first respondent, Mr Tokonyane as the second respondent and Mr Ling as the third respondent, holding all three jointly and severally liable for the injuries he allegedly sustained.
According to Mr Maliba, the incident occurred while he was near Sefika Complex, where Messrs Pakela and Tokonyane were on duty at Vasco Da Gama Off Sales.
“On the 25th February 2023 I was near the Sefika Complex in Maseru where the respondents were working as security guards under the employment of the third respondent (Ling) at Vasco Da Gama Off Sales.
“Without lawful justification, the respondents brutally assaulted me using sticks and swords, striking me on my head and other parts of my body.”
Mr Maliba claims the attack left him with devastating and permanent injuries, the most serious being the complete loss of sight in his left eye.
“As a result of the assault, I sustained serious injuries including permanent damage to my left eye, which resulted in total blindness in that eye; damage to two of my fingers; broken and dislodged teeth; and injuries to my forehead and body.”
He further alleges that the assault was carried out because the respondents merely suspected that he had insulted or disrespected them.
“The respondents carried out this assault on the mere suspicion that I had disrespected them and used abusive language toward them.”
Mr Maliba says the injuries have continued to affect him more than three years after the incident.
He states that he still suffers constant pain, relies on pain medication and continues to undergo medical treatment.
“Since the assault, I have been suffering constant pain. I rely on painkillers, and I continue to attend medical check-ups.
“As a result of the injuries sustained, my eyesight has been permanently restricted, I have been disfigured and I suffer from permanent disability which has affected my enjoyment of the normal amenities of life.”
Mr Maliba argues that the respondents are liable for the alleged unlawful assault and that Mr Ling, as their employer at the time, is vicariously liable for their actions because they were acting within the course and scope of their employment.
He is asking the High Court to order the respondents to compensate him for severe physical injuries, permanent disability, pain and suffering, and loss of enjoyment of life arising from the alleged assault.
He is seeking M2 million in damages, together with interest at 18 percent per annum from the date the summons was issued until the amount is paid in full.
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