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Chamisa wins US$21k lawsuit against council police
3 hrs ago |
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A Harare vendor, James Chamisa, has won a High Court case against the Harare Municipal Police, securing US$21 830 in damages following a brutal assault that left him with multiple injuries.
Chamisa, represented by Kudzayi Kadzere of the Zimbabwe Lawyers for Human Rights, was attacked in October 2018 during an operation targeting vendors and touts along First Street Mall in Harare. Court papers revealed that he was assaulted with batons, fists, booted feet, and palms while being verbally insulted over his political choices in full view of the public.
The assault left Chamisa with a fractured right hand, two broken ribs on the right side of his rib cage, laceration of the lower lip, and extensive bruising and abrasions across his torso, limbs, and face. He also suffered psychological trauma, including shock, depression, difficulty sleeping, fatigue, loss of concentration, hallucinations, and mobility challenges.
Chamisa had initially sought compensation totaling US$31 830, covering medical expenses, pain and suffering, and contumelia — an amount reflecting insult, humiliation, and indignity.
High Court judge Justice Christopher Dube Banda ruled in Chamisa's favour, describing the assault as unprovoked, vicious, and inhuman. "No doubt the plaintiff experienced extreme pain and was hospitalised for long periods. He suffered psychological injury, shock, failure to sleep, fatigue, loss of energy, difficulty in concentration, hallucinations, poor orientation, difficulty in walking, and depression," the judge noted.
Justice Dube Banda emphasised that Chamisa had not provoked the attackers, making the assault deserving of exemplary damages. He ordered the Harare Municipal Police to pay US$15 000 for shock and suffering, US$5 000 for contumelia, and US$1 830 for medical expenses, with interest on the total amount from the date of judgment until full payment.
The ruling marks a significant legal victory for victims of unlawful police conduct and underscores the judiciary's stance against excessive use of force by law enforcement officers.
Chamisa, represented by Kudzayi Kadzere of the Zimbabwe Lawyers for Human Rights, was attacked in October 2018 during an operation targeting vendors and touts along First Street Mall in Harare. Court papers revealed that he was assaulted with batons, fists, booted feet, and palms while being verbally insulted over his political choices in full view of the public.
The assault left Chamisa with a fractured right hand, two broken ribs on the right side of his rib cage, laceration of the lower lip, and extensive bruising and abrasions across his torso, limbs, and face. He also suffered psychological trauma, including shock, depression, difficulty sleeping, fatigue, loss of concentration, hallucinations, and mobility challenges.
Chamisa had initially sought compensation totaling US$31 830, covering medical expenses, pain and suffering, and contumelia — an amount reflecting insult, humiliation, and indignity.
High Court judge Justice Christopher Dube Banda ruled in Chamisa's favour, describing the assault as unprovoked, vicious, and inhuman. "No doubt the plaintiff experienced extreme pain and was hospitalised for long periods. He suffered psychological injury, shock, failure to sleep, fatigue, loss of energy, difficulty in concentration, hallucinations, poor orientation, difficulty in walking, and depression," the judge noted.
Justice Dube Banda emphasised that Chamisa had not provoked the attackers, making the assault deserving of exemplary damages. He ordered the Harare Municipal Police to pay US$15 000 for shock and suffering, US$5 000 for contumelia, and US$1 830 for medical expenses, with interest on the total amount from the date of judgment until full payment.
The ruling marks a significant legal victory for victims of unlawful police conduct and underscores the judiciary's stance against excessive use of force by law enforcement officers.
Source - NewsDay
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