Chronicle Editor
Nyore Madzianike Mutare Bureau
At least 11 students from various colleges in Mutare are suing Officer Commanding Mutare Rural police Chief Superintendent Chingozha for $55 000 for ordering their illegal arrest in September last year. The Mutare magistrates court has since declared the arrest as unlawful. The students, who operate under the Zimbabwe National Student Union (ZINASU) banner, were arrested while holding a meeting in Penhalonga.
They have since filed a lawsuit against Chief Supt Chingozha at Mutare Civil Court, with each demanding $5 000 in damages for the arrests.
The students are Eric Kahari, Taurai Choga, Tanyaradzwa Njoworingo, Samuel Gwenzi, Prince Tendai Jealous, Pride Nkomo, Kudzai Emmanuel Nhamo, Kudzai Mskwe, Mulesi Museka, Prince Manyoka and Linda Matsapa.
In court papers prepared by their lawyers, Mrs Peggy Tavagadza and Blessing Nyamaropa, the students also cited Police Commissioner-General Dr Augustine Chihuri and Home Affairs Minister Dr Ignatius Chombo, in their official capacities, as the second and third defendants respectively.
“The plaintiff is an executive member of the Zimbabwe National Student Union and on September 24, 2016 he was at Forest Industries Training Centre (FITC) Penhalonga, Mutare where a ZINASU general council meeting was being held to discuss the welfare of students in tertiary institutions,” said the lawyers in reference to Kahari, in papers presented to the court.
“The plaintiff was arbitrarily arrested and detained by members of the Zimbabwe Republic Police stationed at Penhalonga Police Station who were on course and scope of their duties, which police officers were under the command of Chief Supt Chingozha commanding Mutare Rural.”
Kahari, in his claim, argued that he was a victim of a dragnet arrest where out of more than 100 people, only 17 were nabbed.
He also claimed that he was not advised of the reasons of his arrest, which was in violation of his Constitutional rights.
During the detention, he was not afforded the right to make a phone call at the State’s expense in clear violation of Section 50(1)(b)(i) of the Constitution, the lawyers said.
“The toilets were dirty and not fit for human use and he felt degraded to have used the same. The arrest and detention of the plaintiff was declared unlawful by magistrate Gwezhira sitting at Mutare Magistrates’ Court,” said the lawyers.
“As a result of the unlawful arrest and detention, the plaintiff’s liberty was unnecessarily deprived. He was subjected to pain and suffering, including psychological harm due to the conditions under which he was detained. As a result of the unlawful arrest and detention, the plaintiff suffered damages in the sum of US$5 000.”
In their plea, Chief Supt Chingozha, Comm-Gen Chihuri and Minister Chombo, who are being represented by the Civil Division of the Attorney-General’s Office, denied Kahari’s claims.
The defendants arrested the plaintiff without prejudice or malice, they argued. The defendants informed the plaintiff the reasons for the arrest.
Mutare magistrate Mr Innocent Bepura, who is presiding over the matter, adjourned it to September 19 for continuation.
Online Reporter