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Mashudu Netsianda, Senior Court Reporter
THREE police detectives are set to lose their property for defying a court order directing them to pay an injiva US$5 000 as compensation for unlawfully arresting and detaining him on false allegations of driving a stolen South African registered car.
Mr Bongani Ncube was driving to Livingstone, Zambia, when he was intercepted by Detective Assistant Inspector Felix Tandi, Detective Sergeant Brian Munyanyi and detective Constable Artwell Sibanda who were manning the exit gate at the Victoria Falls Border Post.
The cops accused Mr Ncube, who is based in South Africa, of driving a stolen car and using fake vehicle registration papers.
Mr Ncube, through his lawyers Dube-Banda, Nzarayapenga and Partners, sued the three detectives and Bulawayo High Court judge Justice Martin Makonese ordered the trio to compensate him US$5 000 in damages for wrongful and unlawful deprivation of liberty.
Det Asst Insp Tandi and Det Sgt Munyanyi and Det Const Sibanda, through the Civil Division in the Attorney General’s Office, yesterday filed an urgent chamber application at the Bulawayo High Court challenging a writ of execution against their property.
They were issued with a writ of execution last month and the Sheriff of the High Court subsequently served them with a notice of seizure on Monday.
In papers before the court, they cited Mr Ncube and the Sheriff of the High Court as respondents.
In his founding affidavit, Det Const Sibanda said they would suffer irreparable harm if the order is executed. He argued that since they were not sued in their personal capacity, the court order should not be effected in their personal capacity.
“The applicants will suffer irreparable harm if the order is executed more so under these circumstances where I have already been served with a notice of seizure and removal is imminent. It is therefore imperative for this court to intervene as a matter of urgency to stop the implementation of the writ of execution against our movable property under HC541/18,” said Det Const Sibanda.
“There is no any other remedy at law apart from approaching this court that can be employed by the applicants to abate or extinguish the predicament and threat to attachment of personal property.”
In his application, Mr Ncube sought to be compensated US$50 000 in damages for wrongful and unlawful deprivation of liberty.
However, Justice Makonese, using his discretion, ordered the defendants to pay the plaintiff US$5 000 as quantum of damages including the legal costs he incurred.
The judge said the arresting officer, Det Const Sibanda, was overzealous and acted irrationally without bothering to first verify the documents.
He said the arrest of Mr Ncube and the subsequent impounding of his car, a Hyundai 1X35, was triggered by mere suspicion.
The authenticity of the documents of the car, which Mr Ncube bought through hire purchase, was verified through an email from his bank in South Africa.
According to court papers, on April 4 in 2017, Mr Ncube, in the company of his brother Ndodana, arrived at the border between Zimbabwe and Zambia in Victoria Falls enroute to Zambia driving his car.
Upon completing immigration formalities, they proceeded to the exit gate of the border where they were intercepted by two police officers manning the gate.
They informed Mr Ncube that his car registration papers were not genuine and ordered him to drive the car to Victoria Falls Police Station where they impounded the car and detained him.
On the following day, Mr Ncube’s car was released after he was told that it had been cleared by Interpol.
In his summons, Mr Ncube argued that the defendants violated his constitutional right to personal liberty when they arrested him on false allegations of car theft.
In their defence, the three detectives contended that they were carrying out their mandate in terms of the constitution which provides that police should detect, investigate and prevent crime. — @mashnets
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