A BULAWAYO motorist has sued the police for illegally detaining him on allegations of causing a road accident.
BY SILAS NKALA
Solomon Chidyagwayi is demanding $20 000 in damages from Home Affairs minister Ignatius Chombo and Police Commissioner-General, Augustine Chihuri, claiming he was illegally detained for causing a road accident at Chikato business centre in Shurugwi on April 1 2013.
In his founding affidavit, Chidyagwayi submitted that he was involved in a head-on collision with Maxwell Mabonde’s vehicle and traffic police officers attended the scene and charged him with negligent driving.
“Upon further investigations on the scene, the respondents realised that Mabonde was not a holder of a driver’s licence. I have been legally advised that driving without a licence is a grievous abrogation of the mandatory provisions of section 6 of the Road Traffic Act, an act of omission that cannot be condoned,” Chidyagwayi submitted.
“Being aware of the mandatory provisions of the Road Traffic Act, the respondents fraudulently provided Mabonde with Peter Mabhundu’s licence. Mabhundu never appeared before the court a quo, but Mabonde, under the name of Peter Mabhundu, fraudulently testified against me.”
Chidyagwayi said the respondents, through a Sergeant Muchemwa, connived to fabricate information to prejudice him. He said upon being charged, he was released, with the police saying the would summon him and on October 17, 2014 he went to the area prosecutor at Shurugwi Court to make inquiries on the matter.
He said during the inquiries, he was detained disregarding that he had gone to the police on his own accord.
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“Consequently, I was detained from October 17, 2014 to 20. I have been legally advised that such a detention, which exceeds 48 hours, is in contravention of my constitutional rights entrenched in section 50 (2) of the Constitution and amounts to unlawful detention.
“Aggrieved by the respondents’ grievous conduct against me, on March 25, 2015 I issued a notice of intention to institute civil proceedings.”
Chidyagwayi said as at December 1, 2015 there was no response from the police to his legal action and he proceeded to file the lawsuit, claiming
$20 000 for damages over illegal detention, so as to ensure that the police, in future, uphold the Constitution and desist from corrupt and partisan application of the law. Police again allegedly failed to enter an appearance to defend the claim, prompting him to file for a default judgment.
