Online Reporter
Nyore Madzianike
Senior Reporter
THE Harare man who sought US$15 400 from the Ministry of Home Affairs and Cultural Heritage and Commissioner-General of Police for alleged unlawful arrest and detention nine years ago has had his claim dismissed by the High Court for being made too late.
Petros Sokole was arrested on August 26, 2016, in connection with violent demonstrations that occurred in Harare during that month.
He was later acquitted on March 22, 2017 after a full trial at the Harare Magistrates Court.
However, his attempt to sue the police was unsuccessful after the court found that he had failed to issue his summons within the period prescribed by law. He had eight months from the date of his arrest to make most of his claim, but had done nothing by April 25, 2017.
Mr Sokole’s claim, issued on October 30, 2017, just over six months after the deadline, sought damages in US$2 400 for loss of income during incarceration, US$5 000 for unlawful arrest and detention, US$5 000 for pain and suffering and US$3 000 for contumelia.
He also sought interest on the amounts claimed from the date of demand to the date of final payment, as well as costs of suit.
On June 18, 2025, the matter proceeded to trial before Justice Dembure, with both parties represented by legal practitioners.
The Ministry of Home Affairs and Police Commissioner General raised the special defence of prescription during trial. The special defence of prescription asserts that a legal action is no longer enforceable due to the expiry of a statutory time limit.
According to facts not in dispute, Mr Sokole was arrested around 11am on August 26, 2016, by uniformed members of the Zimbabwe Republic Police and was taken to Harare Central Police Station.
He was detained and brought to court the next day, where he was charged with public violence. The court remanded him in custody pending trial.
Mr Sokole alleged that during the arrest he was assaulted by police officers, sustained injuries to his back and left leg, and was subjected to inhuman and degrading treatment.
He further claimed that he was not informed of the reasons for his arrest until he appeared in court the following day, and that he was denied bail. The police maintained that his arrest and detention were lawful.
Sokole was acquitted on March 22, 2017, at the close of the State case due to lack of evidence.
On July 4, 2017, he served a notice of intention to sue in terms of the State Liabilities Act and then served his suit on November 16, 2017.
After hearing the matter, High Court judge Justice Regis Dembure ruled that the claim was made too late and so was prescribed in terms of Section 70 of the Police Act.
“From the above authority, which is binding to this court in respect of the law outlined therein, the date of acquittal of 22 March 2017 would only have been the date the cause of action would have arisen if the plaintiff’s claim was one for malicious arrest and detention or prosecution.
“His claim, being for unlawful arrest and detention, the cause of action arose on the date such arrest was effected, August 26, 2016. It is common cause that the plaintiff was arrested and detained by the police on August 26, 2016.
“The prescriptive period under Section 70 of the Police Act began to run from that date. The eight months from August 26, 2016, lapsed on April 25, 2017.
“At that stage, it is common cause that the plaintiff had not yet served his summons on the defendants to interrupt the running of prescription.
“It is also common cause that the summons was only served on the defendants on November 16, 2017.
“What is clear is that the plaintiff’s claim had long prescribed by that date,” said the judge.
Justice Dembure then upheld the Ministry and Police Commissioner General defence of prescription and dismissed Sokole’s application.
