A SHURUGWI magistrate has ordered Defence minister Oppah Muchinguri-Kashiri and Zimbabwe National Army (ZNA) Commander Lieutenant-General Anselem Sanyatwe to pay four residents a total of US$38 000 as compensation after they were attacked by soldiers during the COVID-19 national lockdown three years ago.
Grant Zinyuke, Moreblessing Ncube, Batler Jabangwe and Mavhuto Kachepa won their lawsuit against Muchinguri-Kashiri and Sanyatwe while being represented by the Zimbabwe Lawyers for Human Rights members Prisca Dube and Jabulani Mhlanga.
They were demanding compensation for violation of their rights when they were brutally assaulted in August 2021 by some soldiers, who were enforcing the national lockdown imposed by government in a bid to curb the spread of the virus.
The matter was heard by Shurugwi magistrate Patricia Gwetsayi, who ordered Sanyatwe and Muchinguri-Kashiri to pay Zinyuke US$10 000, US$12 000 to Mavhuto, Jabangwe and Ncube, US$8 000 each for damages for pain and suffering, trauma, nervous shock and for medical expenses which they incurred while seeking treatment.
The lawyers had submitted that some soldiers went on a rampage and brutalised the four during the government-imposed national lock down.
In summons filed at Shurugwi Magistrates Court, Zinyuke, Ncube, Jabangwe and Kachepa argued that the conduct of the soldiers, who were acting within their course and scope of their employment as duly attested members of ZNA and under the control or instructions of Sanyatwe and Muchinguri-Kashiri, who were held vicariously liable for their actions, was unlawful.
The residents argued that the soldiers unlawfully, wrongfully and without just cause assaulted them, resulting in them sustaining several injuries on their bodies.
Indications were that Zinyuke sustained some injuries which include swelling on the forehead, lacerations on the upper lip and nose, bruises on his back and losing some of his teeth and had to seek medical treatment.
- A case for our defence forces
- Zanu PF ‘overruns’ NBS housing event
- Sharpe’s vision for Zim property sector
- The many political lives of Mohadi
Keep Reading
The lawyers told the court that Ncube sustained severe swelling on his face, forearms and bruises all over his back, when he was assaulted by some soldiers on August 1, 2021, for allegedly being outside his residence buying airtime so as to get an update on the health status of his ailing mother.
They also said Jabangwe was assaulted all over his body by soldiers, who saw him coming from executing his duties at Makusha shopping centre and accused him of wandering around.
“As a result of the assault by the soldiers, Jabangwe sustained injuries on the right side of his back and on his left leg, which injury makes it difficult for him to wear closed shoes to date and remains severely traumatised by the incident,” the lawyers submitted.
The lawyers indicated that Kachepa was assaulted by soldiers he had met when he was on his way home from a beer retail outlet.
“While he was lying on the ground, some soldiers assaulted him all over his body and he sustained two severe fractures on the right leg, swelling all over the body, lacerations on the arms and some bruises on his body.
“Dube and Mhlanga argued that such conduct by soldiers against the Shurugwi residents, was cruel, inhuman and degrading treatment punishment, which left them traumatised, anxious and in shock,” the lawyers submitted.
