ZESN worker sues police

Fidelis Munyoro Chief Court Reporter
A Zimbabwe Elections Support Network volunteer has taken police to the High Court claiming $45 000 in damages for unlawful arrest and detention during a voter registration exercise in Bindura last year.

Amon Chitando was arrested at a mobile voter registration centre at Chigiji Primary School, Masembura, Bindura, after two police officers allegedly accused him of being “an opposition spy agent recruited to manufacture false reports on voter registration.”

Justice Esther Muremba briefly heard the matter on Monday and deferred it to a later date. This was to allow Home Affairs Minister Kembo Mohadi, Commissioner-General of Police Augustine Chihuri, Assistant Inspector Jealous Chitsa, Detective Constable Sikwata, Constable Francis Mukosera, Constable Alice Chihwayi and Officer-in-Charge Law CID Bindura Inspector Dzeka, who are listed as defendants, to put their papers in order.

In his summons, Chitando claimed that upon his arrest he was taken to the CID Law and Order Section of Bindura under the command of Dzeka, where he was detained without charge for four days, which is in excess of 48 hours prescribed under the Constitution.

Chatindo claimed that after the police realised that he was not guilty of any offence, Asst Insp Chitsa, Det Const Sikwata and Dzeka persuaded him to pay an admission of guilty to secure his release.

He refused and was taken to the magistrate court facing charges of criminal nuisance, but was acquitted of the charge for lack of evidence. “At all the material times, the defendants were aware of their actions which were malicious, wrongful and unlawful and they were acting within the course and scope of their employment with the first and second defendants,” said Chitando, who is being represented by Mr Bhamu of the Zimbabwe Lawyers for Human Rights.

Mr Bhamu said as a result of the malicious and unlawful conduct, Chatindo was unlawfully deprived of his liberty and suffered damage to his good name, embarrassment and insult to his dignity.

He said the court should allow the claim and order the defendants to pay their client $45 000 plus interest at the prescribed rate from the date of issue of summons to date of final payment.

All the defendants are denying the allegations and want the court to reject the claim for lack of merit. The arrest of Chatindo, police argue, was proper under the circumstances because the officer at the voter registration centre had reasonable suspicion that he had committed a criminal offence, which warranted his detention.

The fact that he was acquitted of the charges against him does not make him innocent, they say.