Rape victim sues State for US$51 000 in damages and maintenance

JUDGMENT in the case in which a woman is suing the State for US$51 000 in damages and maintenance after she fell pregnant after being raped by armed robber in 2006 has been postponed indefinitely.

The woman initially claimed Z$8,1 billion in 2007, but revised the sum to US$51 000 in 2010.

This followed failure by the relevant authorities to issue a certificate to terminate the pregnancy.

High Court judge Justice Andrew Mutema yesterday could not commit himself to pass judgment, citing â€" among other reasons â€" non-opposition of the claim by the Attorney-General's Office.

"It is a cause for concern that the AG has not opposed the claim and it would be ideal to hear their legal opinion and side of the story.

"I must admit this is a matter of national interest that has been before the courts for a long time and needs to be concluded," said Justice Mutema.

He said the papers did not reveal who was liable to initiate the termination of pregnancy between the three respondents.

The woman cited the Ministries of Home Affairs, Health and Justice as respondents.

"Although Zimbabwe has ratified some domestic laws, is it not possible for the court to adopt the Zepeda versus Zepeda case that later had consequences in the American society at large?

"As I alluded to earlier, it's a matter of national importance with far reaching interests of society," said Justice Mutema.

Courage Chamboko (then aged 23) raped the woman â€" who was married â€" on April 4, 2006 when he and his gang attacked her house in Chegutu.

Chamboko was in the company of five accomplices and is serving a seven-year jail term since his arrest in 2007.

The woman reported the matter to Chegutu police, who referred her to Chegutu Hospital.

In her founding affidavit, she claimed that Dr Kanzemba attended to her but refused to "drain" the sperms from her body.

She eventually fell pregnant and presented herself to the Chinhoyi Magistrates Court on several occasions seeking a certificate for termination of the pregnancy.

This is in accordance to Section 4 (c) of the Termination of Pregnancy Act (Chapter 15:10), which says rape victims are entitled to an abortion on the grounds that the foetus was conceived due to unlawful intercourse.

According to the same law, only a magistrate issues a certificate before the termination by a doctor.

She approached the Chinhoyi Magistrates' Court and attended by a magistrate identified as Mr Ndokera but was not issued with the certificate until September 30, 2006 when it was too late to terminate the pregna- ncy.

After the failed abortion, her husband chased her out of their matrimonial home, accusing her of being in love with the robber.

The couple had two children.

The husband also questioned the delay in issuing the termination certificate claiming that she was the first person to get pregnant after being raped.

After failing to get recourse at the High Court since 2007, the woman filed a notice of amendment of her summons and declaration on June 10, 2010, which was in United States dollars.

She claimed US$10 000 damages for physical and mental pain suffered, with interest at the prescribed rate from the date of judgment.

She also claimed US$41 904 as the cost of maintaining the child till attainment of the age of majority, together with interest and cost of the suit.

The woman submitted: "For the period of nine months, I endured an unwanted pregnancy and am stressed with the reality of having a child who was a product of rape. I have maintained the child since its birth in December 2006.

"The child needs to attend pre-school. There are nearly 200 months before she attains 18 years of age."

Mr Isaiah Mureriwa represented the woman.