Head sues TUZ over malicious prosecution

THE head of Murambinda Government High School, Davy Mudhebha, has filed a $150 000 lawsuit against the Teachers’ Union of Zimbabwe (TUZ) following his acquittal on “concocted” charges of perjury.

BY CHARLES LAITON

Mudhebha, who is also the chairperson of Manicaland National Association of Secondary School Heads and national president of the Zimbabwe National Teacher’s Union (Zinatu), issued the summons on June 12 this year, accusing TUZ and one Charles Chinosengwa of manufacturing criminal allegations against him in March this year.

Although details of Mudhebha’s offence were not disclosed in court papers, he claimed he “was arrested, detained and charged and prosecuted unlawfully for perjury at the instance of the defendants (TUZ and Chinosengwa) who manufactured criminal allegations against” him.

“As a result of the defendant’s manufactured, malicious and unwarranted criminal report, the plaintiff was arrested at Murambinda Secondary School in the full view of his students and teachers. Pursuant to the unlawful and illegal arrest, the plaintiff spent three nights at Avondale Police Station,” Mudhebha said through his lawyers Zimudzi and Associates.

He said a full criminal trial was conducted at the Harare Magistrates’ Court, where he was discharged at the close of the State’s case “because the State’s case was weak and the charges unsustainable”.

“The court even lambasted the State for bringing up the charge against the plaintiff and also lamented that the charges were unwarranted. As a result of the unlawful arrest, the plaintiff was humiliated, suffered a lot and spent three nights in police cells. The plaintiff was put out of pocket because he had to engage legal practitioners to defend him. He paid money in the sum of $16 000 as legal fees,” he said.

“The plaintiff paid $3 000 for food and accommodation at hotels when he was attending the criminal trial at Rotten Row Magistrates’ Court. The plaintiff forked out $2 000 for travelling to and from Murambinda during his trial and also having consultations with his legal practitioners who are based in Harare.”

Mudhebha said he was, therefore, claiming $16 000 in legal fees, $5 000 for transport and accommodation, $79 000 for unlawful arrest, detention and prosecution and $50 000 for humiliation, pain and suffering, interest and costs of suit at a higher scale.

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