Man claims $500 000 compensation over testicle loss

A 33-YEAR-OLD Chiadzwa man, who early this year had his right testicle surgically removed by doctors after suffering injuries in the groin due to alleged police brutality, has filed a $500 000 lawsuit against the Home Affairs ministry, claiming he has lost his fiancée and a chance to sire children.

Fungai Ziduche from Zvidovanhu village, was allegedly attacked by law enforcement agents in February, soon after government ordered diamond miners out of the area.

In his declaration filed under case number 6346/16, Ziduche said the extensive damages to his manhood had a huge bearing on his life to the extent that he had a lost his fiancée.

"As a result of the assault on the plaintiff's private parts, the plaintiff sustained injuries on his testicle and had to undergo two medical surgeries, where one of his testicles was removed and the other is yet to heal," Ziduche's lawyer from the Zimbabwe Lawyers for Human Rights said.

"The damage to the plaintiff's manhood has a bearing on his chances of siring a child, as a result of the permanent disability to his testis. The plaintiff was engaged to be married to Tafadzwa Jeki, his fiancée for two years, who cut off the engagement owing to the extensive damage to the plaintiff's manhood."

In the application, Ziduche cited Officer Ncube, officer-in-charge at Mbada Diamonds, Home Affairs minister Ignatius Chombo and Commissioner-General of Police Augustine Chihuri, as respondents.

According to Ziduche, the facts giving rise to the claim were that on February 26, 2016, he was at Tenda shops in Marange in the company of his uncle, Ismael Fungirai and Forget Musangomunei, when four police officers pounced on them. He said they were ordered to board a police vehicle and despite protests, the officers shoved them in without explaining the nature of their offence.

Ziduche said the police conducted several arrests and they were all taken to the Mbada Diamonds police base, whereupon arrival they were ordered to undress. Ziduche said Ncube instructed him to roll on the ground and at the same time he was being assaulted with a switch.
"The first defendant (Ncube) assaulted the plaintiff with a switch on his private parts, testicles to be precise, and plaintiff lost consciousness only to regain it after water was poured on him," the lawyers said.

"As a result of the assault, plaintiff had to undergo medical treatment and the medical report details that the plaintiff sustained the following injuries – fractured right testies with patchy ischemia and septic buttocks.

"As a result of the assault and unlawful arrest and detention, the plaintiff suffered damages in the sum of
$500 000." All the respondents have since entered an appearance to defend notice.