News / National
Woman demands US$510,000 from Zimbabwe police
13 Oct 2022 at 05:59hrs | Views
A HARARE vendor, Patricia Dengezi is demanding US$510 000 from the police after her one-year-old son was fatally crushed by a commuter omnibus that was fleeing from cops in 2017.
Dengezi was also seriously injured by the commuter omnibus which was being driven by Munyaradzi Nyamaruru on April 17, 2017.
According to court papers, Dengezi was at her vending site with her one-year-old son when they were hit by the commuter minibus.
Her son died on the spot.
It was heard that Nyamaruru was driving against oncoming traffic.
The vehicle had a third party insurance policy cover with Champions Insurance.
Dengezi instituted court proceedings a year after the incident on April 9, 2018 seeking US$510 000 compensation for her injuries and the death of her son.
In response to her summons, police cited section 70 of the Police Act and offered $2 000 from Champions Insurance.
The section sets the prescribed period of eight months for any person to institute civil proceedings against the police. She then filed an application seeking referral of her case to the Constitutional Court.
High Court judge Justice Elijah Makomo upheld her request.
"I fall short of associating myself with and adopting those considerations because my jurisdiction ends with merely considering the frivolity or vexatiousness of the request. Suffice to state that I hold that the facts of this case as agreed by the parties, indeed, raise a constitutional issue of whether section 70 of the Police Act is constitutional in light of Dengezi's right of access to the courts," Makomo said.
"It is a question that the applicant may expect relief from and the determination of which will enable this court to in turn determine the matter before it.
"In the final analysis I hold that the request to refer to the constitutional question on the constitutionality of section 70 of the Police Act is not frivolous or vexatious."
Denegzi cited the kombi driver Nyamaruru and his employer Xolisani Moyo, Champions Insurance Company Limited, Zimbabwe Republic Police Commissioner General Godwin Matanga and Home Affairs minister Kazembe Kazmbe as respondents.
Dengezi was also seriously injured by the commuter omnibus which was being driven by Munyaradzi Nyamaruru on April 17, 2017.
According to court papers, Dengezi was at her vending site with her one-year-old son when they were hit by the commuter minibus.
Her son died on the spot.
It was heard that Nyamaruru was driving against oncoming traffic.
The vehicle had a third party insurance policy cover with Champions Insurance.
Dengezi instituted court proceedings a year after the incident on April 9, 2018 seeking US$510 000 compensation for her injuries and the death of her son.
In response to her summons, police cited section 70 of the Police Act and offered $2 000 from Champions Insurance.
The section sets the prescribed period of eight months for any person to institute civil proceedings against the police. She then filed an application seeking referral of her case to the Constitutional Court.
High Court judge Justice Elijah Makomo upheld her request.
"I fall short of associating myself with and adopting those considerations because my jurisdiction ends with merely considering the frivolity or vexatiousness of the request. Suffice to state that I hold that the facts of this case as agreed by the parties, indeed, raise a constitutional issue of whether section 70 of the Police Act is constitutional in light of Dengezi's right of access to the courts," Makomo said.
"It is a question that the applicant may expect relief from and the determination of which will enable this court to in turn determine the matter before it.
"In the final analysis I hold that the request to refer to the constitutional question on the constitutionality of section 70 of the Police Act is not frivolous or vexatious."
Denegzi cited the kombi driver Nyamaruru and his employer Xolisani Moyo, Champions Insurance Company Limited, Zimbabwe Republic Police Commissioner General Godwin Matanga and Home Affairs minister Kazembe Kazmbe as respondents.
Source - Newsday Zimbabwe
