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State ordered to compensate assaulted MDC-T activist
12 Jul 2012 at 17:39hrs | Views
Mavis Dandira, a Harare-based MDC-T activist who was assaulted by soldiers and police officers while participating in an MDC-T sanctioned march in 2003 has won a lawsuit against the State and awarded US$1 500 in damages.
High Judge, Justice Alfas Chitakunye ordered the State to pay Mavis Dandira US$1 000 for pain and US$500 for contumelia (scornful or insulting treatment) after he was convinced that Mavis had been assaulted by State security agents.
"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," said Justice Chitakunye in his ruling.
"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.
Justice Chitakunye said the State security agents had no right to assault the woman and that their actions were unlawful. Dandira had initially applied for US$3 200 as damages for pain and suffering but the judge reduced it to US$1 000 while contumelia damages were reduced from US$1 000 to US$500.
The assault took place on 2 June 2003 when Dandira took part in a demonstration in which she joined hundreds of MDC and human rights activists marching from Highfield into the city centre. Along the way, some soldiers confronted the group and commotion ensued, resulting in 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 into 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, Dandira was forced to pay an admission of guilt fine of Z$3 000 for breach of the Miscellaneous Offences Act.
High Judge, Justice Alfas Chitakunye ordered the State to pay Mavis Dandira US$1 000 for pain and US$500 for contumelia (scornful or insulting treatment) after he was convinced that Mavis had been assaulted by State security agents.
"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," said Justice Chitakunye in his ruling.
Justice Chitakunye said the State security agents had no right to assault the woman and that their actions were unlawful. Dandira had initially applied for US$3 200 as damages for pain and suffering but the judge reduced it to US$1 000 while contumelia damages were reduced from US$1 000 to US$500.
The assault took place on 2 June 2003 when Dandira took part in a demonstration in which she joined hundreds of MDC and human rights activists marching from Highfield into the city centre. Along the way, some soldiers confronted the group and commotion ensued, resulting in 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 into 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, Dandira was forced to pay an admission of guilt fine of Z$3 000 for breach of the Miscellaneous Offences Act.
Source - Byo24News
