admin
Mashudu Netsianda, Senior Court Reporter
A SHURUGWI motorist who was detained for four days three years ago after he was involved in an accident is suing Home Affairs Minister Ignatius Chombo and Police Commissioner-General, Dr Augustine Chihuri, for $20 000 for unlawful detention.
Mr Solomon Chidyagwayi yesterday filed an application at the Bulawayo High Court citing Minister Chombo and Dr Chihuri as the respondents.
Mr Chidyagwayi, through his lawyers Mutendi, Mudisi and Shumba Legal Practitioners, is accusing police of unlawfully detaining him in cells from October 17 to October 20 in 2014 in violation of section 50 of the Constitution.
He wants the court to order Minister Chombo and Dr Chihuri to pay him $15 000 in damages for illegal detention and $5 000 for their failure to uphold provisions of the Constitution.
Mr Chidyagwayi, in his founding affidavit, said he was unlawfully detained in excess of 48 hours in violation of the country’s constitution.
Under section 50(2) and (3), arrested persons must be taken to court or released within 48 hours after their arrest.
The only way in which an arrested person can be kept in custody for more than 48 hours is if a court orders the person’s further detention.
Mr Chidyagwayi argued that there was no legal basis for his illegal detention since he had presented himself to the police. He also argued that the offence which he had committed was trivial and did not warrant any detention.
Mr Chidyagwayi said on April 1, 2013, he was involved in an accident at Chikato Business Centre. He said police attended the scene and concluded that his vehicle was the offending one.
He said the driver of the other vehicle was not a licensed driver and police covered up for him.
Mr Chidyagwayi said he was arrested after he had approached the area prosecutor to inquire about the cover-up.
“On October 17, 2014, I went to the area prosecutor’s office at Shurugwi Magistrate’s Court and made inquiries in connection with the matter.
During the process of inquiring, the respondents through one Sergeant Shumba ordered police to detain me at Shurugwi Police Station, notwithstanding that I had gone to the police on my own to make inquiries about the matter”.
@mashnets.
Online Reporter