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Mashudu Netsianda, Senior Court Reporter
TWO teenagers from Lower Gwelo area in the Midlands province, who were shot and injured by a trigger-happy cop while celebrating New Year’s Day, are suing the police officer for more than $600 000.
Junior Mathe (18) and Mike Viyo (16) from Lugwalo village were allegedly shot and injured by Constable Kizito Mahachi while merry-making during New Year’s Day celebrations at a local business centre.
It was however not stated in court papers why Const Mahachi, who is based at Maboleni Police Station, opened fire.
Junior and Mike through their lawyer Mr Jabulani Mhlanga from the Zimbabwe Lawyers for Human Rights (ZLHR), filed summons at the Bulawayo High Court citing Const Mahachi, the officer-in-charge of Maboleni Police Station, Police Commissioner-General Godwin Matanga and Home Affairs and Cultural Heritage Minister Cain Mathema as defendants.
The two teenagers want an order directing the defendants to pay them $600 100 being damages for medical bills incurred, trauma, pain and suffering.
In papers before the court, the plaintiffs said they were celebrating New Year on January 1, 2019 at Lugwalo Business Centre when Const Mahachi opened fire and shot them for no apparent reason.
Junior sustained a gunshot wound on his left hand and the bullet also grazed his stomach while Mike was shot on the ankle and doctors had to conduct a surgical operation to remove a bullet, which was lodged inside.
“On 1 January 2019, the first defendant (Const Mahachi) unlawfully and without a just cause, shot and injured the first and second plaintiffs using his service firearm. The plaintiffs were celebrating New Year’s Day together with other villagers at Lugwalo Business Centre in Lower Gwelo,” said Mr Mhlanga.
He said Const Mahachi was being sued in both his personal and official capacity while the other defendants are facing litigation in their official capacities.
Mr Mhlanga said although a proper notice of proceedings was given to the defendants in terms of the section 6 of the State and Liabilities Act as read with section 70 of the Police Act, the defendants failed or neglected to pay the money.—@mashnets
Online Reporter