THE High Court has ruled in favour of members of the Citizens Against Violence and Anarchy Trust (CAVAAT), representing businesses whose property was destroyed during a demonstration organised by the National Electoral Reform Agenda (NERA) in August 2016.
BY CHARLES LAITON
In a default judgment issued late last month, the High Court ordered Nera to pay $300 000 damages to CAVAAT and costs of the suit.
NERA, a coalition of opposition political parties, conducted a series anti-government demonstrations in Harare’s central business district, some of which resulted in looting and damage of property.
CAVAAT, a local organisation that promotes peace and business in Zimbabwe, which is being represented by Zigomo Legal Practitioners, initially demanded $1 million compensation from Nera. The figure was reviewed downwards to $298 345, following assessment of damages by a commissioner.
On February 20, 2018 CAVAAT filed a court application for default judgment and the same was granted by the court.
In its draft order CAVAAT had sought damages as had been confirmed by the commissioners.
“It is declared that the claim for damages by the plaintiff (CAVAAT) on behalf of the individual members of the class action under case number HC5377/17 is granted. The defendant shall pay the following damages; an aggregate sum of $298 345 as damages claimable and assessed as at October 18, 2017 and the sum of $499,10 per day for all individual members of the class action whose damages have been assessed from October 19, 2017 to date of judgement,” the High Court ruled.
“The defendant shall pay the damages into the plaintiff’s trust account: C Mwaturura, Steward Bank, account number 100 633 4737. Plaintiff be and is hereby directed to pay damages to individual members of the class action to the extent of the amount of damages claimable and assessed by the commissioner in terms of the commissioner’s report.”