Man sues police

degrading punishment for holding a meeting at the restricted place two years ago.
Mr Wurayayi Zembe, in his lawsuit, cited the Minister of Home Affairs and Police Commissioner-General in their official capacities.
Through his lawyers, the Zimbabwe Human Rights Forum, Mr Zembe accused the police on duty of soaking him in water before releasing him.

However, the police have dismissed the allegations and any liability.
In their defence plea, both the Minister of Home Affairs and Police Commissioner General represented by the Attorney-General’s Civil Division, said Mr Zembe was never assaulted and they were not in any way liable.

“Therefore the claim should be dismissed with costs,” they submitted.
However, in his affidavit Mr Zembe claimed that on April 30, 2009 around 10am he was apprehended by an armed policeman guarding Munhumutapa Building, which houses Government offices, in Harare.
According to the court papers the police accused him of holding a meeting at the restricted place and took him inside a car parked adjacent to the building.

Acting on the orders of a senior security officer, Mr Zembe submitted he was soaked in water at a tap for about five minutes.
Further, Mr Zembe claimed, he was taken to a shower and was soaked again with his clothes and shoes, spectacles and mobile phone in his pocket.

“The whole ordeal lasted for about 15 minutes. At all material times the police were aware that their actions were wrongful and unlawful,” he claimed.
This incident, Mr Zembe submitted, embarrassed him as he had to walk in public with drenched clothes after he was released.

“As a direct result of the misdemeanors plaintiff suffered inhuman and degrading punishment he suffered damages of US$5 500,” he submitted.
The case has since been referred to trial.

According to pre-trial conference minutes, Justice Samuel Kudya will consider whether Mr Zembe suffered inhuman treatment and degrading punishment at the hands of the police in the manner described.
Also to be considered is the quantum of the damages.