Online Reporter
Fidelis Munyoro
Chief Court Reporter
The High Court has awarded Patricia Dengezi US$42 000 in damages for the tragic death of her infant son, Lesley Chitanda, in a 2017 accident caused by the reckless actions of police officers.
The judgment, delivered by Justice Regis Dembure last week, held the Commissioner General of Police and the Minister of Home Affairs jointly liable for the wrongful conduct of their officers, who unlawfully used spikes and smashed a commuter omnibus windscreen, triggering the chain of events that led to the accident.
Justice Dembure emphasised that the police actions breached their duty of care, saying, “The violent, indiscriminate smashing of commuter omnibuses and the use of spikes in crowded streets and during peak hours can never be justifiable. Human life is sacrosanct.”
“The reckless behaviour of the police officers in this case was not only unlawful but also grossly negligent.”
The accident occurred on April 17, 2017, on Harare’s Chinhoyi Street, a one-way road usually bustling with vehicles and pedestrians during peak hours.
Ms Dengezi, a vendor, was seated on the pavement feeding her son when a commuter omnibus, forced off the road by another vehicle fleeing the police, struck her and her child, Lesley.
Lesley, who was only one year and two months old, died instantly, while Ms Dengezi sustained severe injuries.
The court heard that three police officers had thrown spikes at a commuter omnibus and shattered its windscreen with batons, causing panic among drivers.
Several commuter omnibuses fled against the flow of traffic, and the first defendant, Mr Munyaradzi Nyamaruru, veered off the road in an attempt to avoid a collision, hitting Ms Dengezi and her son.
Mr Nyamaruru was charged with culpable homicide, leaving the police and their overseeing authorities to face the civil suit.
Ms Dengezi’s testimony, as corroborated by eyewitness Ms Sibongile Mazividza, revealed the chaos that ensued.
She described the sound of the spikes hitting the ground and the fear it instilled in the drivers.
Her evidence, along with the police’s admission that their actions caused confusion and risked harm, convinced the court of the officers’ culpability.
The judgment noted the police’s failure to provide credible evidence to counter Ms Dengezi’s testimony.
Critical documents, including the accident report and witness statements, were destroyed, a move Justice Dembure described as “a bizarre act, defeating the ends of justice.”
In awarding damages, the court acknowledged the devastating impact of the incident on Ms Dengezi’s life, saying, “The loss of her only son can never be compensated for by any amount of money. She must, however, pick up the pieces and move on with life, difficult as it might be.”
The Commissioner General of Police and the Minister of Home Affairs were ordered to pay the damages, with interest, and cover Ms Dengezi’s legal costs.
