High Court judge Justice Nyaradzo Munangati-Manongwa has ordered Home Affairs minister Cain Mathema, Police Commissioner-General Godwin Matanga and Prosecutor-General Kumbirai Hodzi to atone for the ills committed by their predecessors by paying an MDC-T activist ZWL$13 000.
BY CHARLES LAITON
The order by Justice Munangati-Manongwa on May 24, 2019 follows litigation that was filed in August 2016 by Zwelibanze Dube against the then Home Affairs minister Ignatius Chombo, Police Commissioner-General Augustine Chihuri and Prosecutor-General Ray Goba.
Initially, Dube demanded
US$72 000, but Justice Munangati-Manongwa granted the order by consent of the parties.
In his founding affidavit, Dube said he was arrested on June 3, 2011 over the death of Police Inspector Petros Mutedza and despite his alibi being confirmed by other police officers, he was nonetheless taken into custody and prosecuted.
“Whereupon, after reading documents filed of record and hearing counsel, it is ordered by consent that; the defendants be and is hereby ordered to pay the plaintiff the sum of ZWL$13 000, jointly and severally the one paying the others to be absolved, on or before July 31, 2019 being damages for unlawful arrest, malicious prosecution, pain and suffering, contumelia and loss of income,” Justice Munangati-Manongwa said.
Through his lawyers from the Zimbabwe Lawyers for Human Rights (ZLHR), Dube said on the day in question and at around midday, police officers took him to Chitungwiza where they confirmed his alibi and also told him that his testimony had been validated word for word by one Brian Makamahanzi.
However, the police proceeded to detain him and he was taken to Harare Magistrates’ Court where he was remanded in custody only to be released two months later on bail on August 1, 2011.
Dube further said when his trial commenced, he was discharged at the close of the State’s case after the prosecution failed to prove a case against him.