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Villager sues Mnangagwa for $2500 in damages
08 Jun 2013 at 05:32hrs | Views
A Harare man who claims to have been beaten and injured by soldiers is claiming $2 500 in damages from Defence Minister Emmerson Mnangagwa. Through his lawyer, Mr Tafadzwa Christmas of Zimbabwe Human Rights NGO Forum, Mr Joseph
Gonese claims that on May 28, 2008 on his way home from attending a funeral he was approached by a white Mitsubishi truck.
In the papers prepared by his lawyer and filed at the High Court, Mr Gonese claims that he waved for the car to stop after mistaking it for the chief's official vehicle.
"The vehicle stopped. In front there was Colonel Magumise from the Zimbabwe National Army, a retired police officer Makuto, and a third unknown plaintiff. In the back there were six soldiers wearing camouflage uniforms and grey berets. The soldiers started to accuse him (Mr Gonese) of making gestures similar to those of the MDC symbols at their car," submitted Mr Christmas.
Mr Christmas further stated that his client tried to explain that he was waving at the car to stop but the soldiers insisted that he as a known MDC supporter.
The soldiers, he said, allegedly attacked Mr Gonese with sticks following Colonel Magumise's instructions.
Mr Christmas said when the soldiers attacked his client they did so acting under the scope of their employment.
Mr Gonese is now claiming US$1 500 for shock and injuries and an additional US$500 in damages and contumelia.
Minister Mnangagwa, who is being represented by the Attorney General's Office Civil Division distanced himself from the allegations.
He said during the time in question he never deployed members of the ZDF to harass members of the public in any manner.
The Minister argues that Mr Gonese was even failing to give details of where the alleged assault took place and how it was perpetrated.
"The duties of the members of the national army are to safeguard the territorial integrity of the country and not to harass members of the public. If any members of the army harassed the plaintiff (Mr Gonese) in the manner described they were not acting within the scope and course of their employment," submitted the AG's Office.
The office challenged Gonese to prove his claims.
Gonese claims that on May 28, 2008 on his way home from attending a funeral he was approached by a white Mitsubishi truck.
In the papers prepared by his lawyer and filed at the High Court, Mr Gonese claims that he waved for the car to stop after mistaking it for the chief's official vehicle.
"The vehicle stopped. In front there was Colonel Magumise from the Zimbabwe National Army, a retired police officer Makuto, and a third unknown plaintiff. In the back there were six soldiers wearing camouflage uniforms and grey berets. The soldiers started to accuse him (Mr Gonese) of making gestures similar to those of the MDC symbols at their car," submitted Mr Christmas.
Mr Christmas further stated that his client tried to explain that he was waving at the car to stop but the soldiers insisted that he as a known MDC supporter.
The soldiers, he said, allegedly attacked Mr Gonese with sticks following Colonel Magumise's instructions.
Mr Christmas said when the soldiers attacked his client they did so acting under the scope of their employment.
Mr Gonese is now claiming US$1 500 for shock and injuries and an additional US$500 in damages and contumelia.
Minister Mnangagwa, who is being represented by the Attorney General's Office Civil Division distanced himself from the allegations.
He said during the time in question he never deployed members of the ZDF to harass members of the public in any manner.
The Minister argues that Mr Gonese was even failing to give details of where the alleged assault took place and how it was perpetrated.
"The duties of the members of the national army are to safeguard the territorial integrity of the country and not to harass members of the public. If any members of the army harassed the plaintiff (Mr Gonese) in the manner described they were not acting within the scope and course of their employment," submitted the AG's Office.
The office challenged Gonese to prove his claims.
Source - herald
