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Ex-senior CIO suing police chiefs, ministers and the CIO boss
25 Mar 2012 at 10:36hrs | Views
Zimbabwe's former deputy director-general of the most feared Central Intelligence Organisation (CIO) is suing police chiefs, ministers and the CIO boss for US$10 million for wrongful arrest, the Daily News on Sunday reported.
Lovemore Mukandi, the deputy director general of CIO who was arrested at the airport in September last year after his deportation from Canada, has filed notice in terms of Section 6 of the State Liabilities Act of his intentions to institute legal proceedings.
Mukandi says his Harare International Airport arrest by Chief Superintendent Peter Magwenzi â€" the deputy officer commanding CID Serious Fraud Squad â€" was unlawful.
Magwenzi is cited as the first respondent in the $10 million suit for allegedly making "false allegations" in the application of Mukandi's warrant of arrest on the grounds that he had defrauded the spy agency of Z$18 million in 1998 after allegedly awarding tenders to undeserving companies to construct five low density houses the CIO wanted to lease and raise income.
A sworn affidavit by Magwenzi dated June 20, 2008 seeking his extradition from Canada described Mukandi as a fugitive from justice, yet the courts on January 31, 2000 declined to place him on remand because of shaky evidence in the alleged Z$18 million fraud case.
Chief Supt Magwenzi applied for the issuing of the warrant of arrest and it was duly granted by chief magistrate Mishrod Guvamombe, who has been cited as a respondent in this case.
Magistrate Munamato Mutevedzi on October 14 last year cancelled the warrant of arrest on the grounds that "his warrant of arrest which the State is acting on was obtained erroneously since it does not tell the truth about the records."
Following the invalidation of the warrant of arrest against Mukandi by the magistrate, the wrongly-accused ex-CIO boss has now filed a lawsuit against Magwenzi for damages arising from the issue of the invalid warrant.
He says the warrant was premised on the "false and defamatory allegations" that he had absconded to Canada seeking asylum when a criminal docket was opened against him.
Mukandi's lawyers, Nyikadzino, Simango and Associates, contend the warrant was used in September last year to cause his deportation from Canada under guard, to have him arrested on arrival and remanded in custody.
"The 1st addressee (Magwenzi), acting within the course and scope of his employment, made the false allegations in the application for the warrant," Mukandi's papers say.
"All the events mentioned above and the allegation that our client had absconded trial, which was contained in the warrant, were widely publicised in the local and international media.
"As a result of the actions aforesaid, our client has suffered damages in the sum of US$10 million."
The suit also cites chief magistrate Guvamombe for issuing the warrant of arrest and CIO boss Happyton Bonyongwe for allegedly causing the warrant to be issued.
Police Inspector Mabasa and police chief Augustine Chihuri are also cited as respondents for executing the warrant in Zimbabwe.
The suit says Chihuri and Insp Mabasa "detained our client for one day and night in police custody and caused him to be detained for six days and five nights in remand prison."
The suit also cites the ministers responsible for the CIO and the police as respondents pointedly co-Home Affairs ministers Theresa Makone and Kembo Mohadi; and State Security minister Sydney Sekeramayi, in their official capacities.
Mukandi says in his papers "all these persons knew that the said allegations were false or were grossly negligent in making them or in accepting the truth thereof, as the case maybe."
The $10 million suit is broken down as $5 million resulting from the loss of Mukandi's employment in Canada, which sum is being claimed from all the respondents except Chihuri.
Mukandi says $3 million was for deprivation of liberty resulting from his deportation from Canada under guard and his arrest and detention, "for contumelia and for the damage caused to his health both physically, which sum to be claimed from all the addressees."
The former CIO boss also wants $2 million resulting from injury to his reputation caused by the wide publicity afforded to the "false allegations" and charges that he had absconded.
Mukandi and his co-accused former CIO chief administration officer David Nyabando and chief transport officer Ricky Manwere were suspended in 1998 from the spy agency over a Z$18 million fraud they allegedly committed.
The CIO alleges they defrauded the State of cash that was supposed to be used for building houses.
They insist they built the safe houses but were pushed out of the spy agency in a convoluted powerplay in the CIO.
Mukandi and his boss Shadreck Chipanga, former Zanu PF MP for Makoni East, were dismissed from the spy agency in 1999.
They were replaced by the current director general Happyton Bonyongwe and Retired Brigadier Elisha Muzonzini, respectively.
Lovemore Mukandi, the deputy director general of CIO who was arrested at the airport in September last year after his deportation from Canada, has filed notice in terms of Section 6 of the State Liabilities Act of his intentions to institute legal proceedings.
Mukandi says his Harare International Airport arrest by Chief Superintendent Peter Magwenzi â€" the deputy officer commanding CID Serious Fraud Squad â€" was unlawful.
Magwenzi is cited as the first respondent in the $10 million suit for allegedly making "false allegations" in the application of Mukandi's warrant of arrest on the grounds that he had defrauded the spy agency of Z$18 million in 1998 after allegedly awarding tenders to undeserving companies to construct five low density houses the CIO wanted to lease and raise income.
A sworn affidavit by Magwenzi dated June 20, 2008 seeking his extradition from Canada described Mukandi as a fugitive from justice, yet the courts on January 31, 2000 declined to place him on remand because of shaky evidence in the alleged Z$18 million fraud case.
Chief Supt Magwenzi applied for the issuing of the warrant of arrest and it was duly granted by chief magistrate Mishrod Guvamombe, who has been cited as a respondent in this case.
Magistrate Munamato Mutevedzi on October 14 last year cancelled the warrant of arrest on the grounds that "his warrant of arrest which the State is acting on was obtained erroneously since it does not tell the truth about the records."
Following the invalidation of the warrant of arrest against Mukandi by the magistrate, the wrongly-accused ex-CIO boss has now filed a lawsuit against Magwenzi for damages arising from the issue of the invalid warrant.
He says the warrant was premised on the "false and defamatory allegations" that he had absconded to Canada seeking asylum when a criminal docket was opened against him.
Mukandi's lawyers, Nyikadzino, Simango and Associates, contend the warrant was used in September last year to cause his deportation from Canada under guard, to have him arrested on arrival and remanded in custody.
"The 1st addressee (Magwenzi), acting within the course and scope of his employment, made the false allegations in the application for the warrant," Mukandi's papers say.
"All the events mentioned above and the allegation that our client had absconded trial, which was contained in the warrant, were widely publicised in the local and international media.
"As a result of the actions aforesaid, our client has suffered damages in the sum of US$10 million."
The suit also cites chief magistrate Guvamombe for issuing the warrant of arrest and CIO boss Happyton Bonyongwe for allegedly causing the warrant to be issued.
Police Inspector Mabasa and police chief Augustine Chihuri are also cited as respondents for executing the warrant in Zimbabwe.
The suit says Chihuri and Insp Mabasa "detained our client for one day and night in police custody and caused him to be detained for six days and five nights in remand prison."
The suit also cites the ministers responsible for the CIO and the police as respondents pointedly co-Home Affairs ministers Theresa Makone and Kembo Mohadi; and State Security minister Sydney Sekeramayi, in their official capacities.
Mukandi says in his papers "all these persons knew that the said allegations were false or were grossly negligent in making them or in accepting the truth thereof, as the case maybe."
The $10 million suit is broken down as $5 million resulting from the loss of Mukandi's employment in Canada, which sum is being claimed from all the respondents except Chihuri.
Mukandi says $3 million was for deprivation of liberty resulting from his deportation from Canada under guard and his arrest and detention, "for contumelia and for the damage caused to his health both physically, which sum to be claimed from all the addressees."
The former CIO boss also wants $2 million resulting from injury to his reputation caused by the wide publicity afforded to the "false allegations" and charges that he had absconded.
Mukandi and his co-accused former CIO chief administration officer David Nyabando and chief transport officer Ricky Manwere were suspended in 1998 from the spy agency over a Z$18 million fraud they allegedly committed.
The CIO alleges they defrauded the State of cash that was supposed to be used for building houses.
They insist they built the safe houses but were pushed out of the spy agency in a convoluted powerplay in the CIO.
Mukandi and his boss Shadreck Chipanga, former Zanu PF MP for Makoni East, were dismissed from the spy agency in 1999.
They were replaced by the current director general Happyton Bonyongwe and Retired Brigadier Elisha Muzonzini, respectively.
Source - Daily News
