adminGovernment is bound to pay Ms Mavis Dandira US$1 000 for pain and suffering and US$500 for contumelia.
High Court judge Justice Alfas Chitakunye granted the application by Ms Dandira after being convinced that she was indeed assaulted.
“In the absence of contrary evidence, I find that the plaintiff was assaulted by members of the ZNA (Zimbabwe National Army) and police officers in the manner described.
“Further in the absence of any evidence that the ZNA and police officers were not acting in the course of their employment, I find that they were in fact acting in the course of their employment,” he said.
The judge held that the soldiers and the police had no right to assault the woman and that their actions were unlawful. Ms Dandira initially applied for US$3 200 as damages for pain and suffering, but it was reduced to US$1 000.
Contumelia damages were reduced from US$1 000 to US$500.
The assault was perpetrated on June 2, 2003 when Ms Dandira took part in a demonstration in which she joined others in marching from Highfield towards the city centre.
Along the way some soldiers confronted the group and commotion ensued, resulting in Ms Dandira falling down as she attempted to run away.
The soldiers caught up with her and assaulted her with rifle butts all over the body.
She was bundled at the back of a truck before the soldiers drove to Machipisa Police Station.
At the police station, the police officers took over in assaulting her using batons.
After the assault Ms Dandira was forced to pay an admission of guilt fine of Z$3 000 for breach of the Miscellaneous Offences Act.
Online Reporter