HUMAN rights defenders have hailed a High Court ruling that allows government officials to be sued in their personal capacities in cases associated with torture and maltreatment of suspects.
BY PAIDAMOYO MUZULU
High Court judge Justice Nyaradzo Munangati-Manongwa in a landmark judgment this week ruled that former State Security minister Didymus Mutasa, War Veterans ministry secretary Asher Walter Tapfumaneyi and Police Chief Superintendent Peter Magwenzi could be sued in their personal capacity for the abduction and torture of human rights activist Jestina Mukoko in 2008.
Rights defenders interviewed by NewsDay yesterday described the judgment as a victory for justice.
Justice Munangati-Manongwa dismissed an application by the State seeking to shield the three senior government officials from paying compensation in their personal capacities.
Zimbabwe Lawyers for Human Rights programmes manager Dzimbabwe Chimbga said all human rights violators should know that the long arm of the law would catch up with them.
“What is critical in this case is that someone who used to occupy a high office can now answer for their actions. It will open the floodgates to lawsuits as people realise their rights cannot be abused. We are putting perpetrators on notice that we are coming for them,” he said.
Crisis in Zimbabwe Coalition acting director Pamela Kadhau said the ruling was profound and a timely warning to those who abuse citizens hiding behind public offices.
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“The judgment is a welcome move for survivors of torture and speaks to the possibilities of achieving transitional justice in Zimbabwe. This sets a solid judicial precedent and sends a clear message to those that abuse their tenure in office to commit human rights abuses,” Kadhau said.
Human Rights Watch senior researcher Dewa Mavhinga said the judgment would act as a deterrent to would-be abusers of State power.
“This is a splendid ruling that all those working for the State and political parties should take note of that they cannot hide behind institutions anymore,” Mavhinga said.
Hundreds of opposition political activists have been abused and tortured by State security agents since 2000 when President Robert Mugabe suffered his first electoral defeat after independence in a constitutional referendum.
