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Man sues Harare City for US$30 000

Local News
Chamisa, who is being represented by Kudzayi Kadzere of the Zimbabwe Lawyers for Human Rights, was assaulted in 2018.

A VENDOR, James Chamisa, is suing the City of Harare for US$31 830 after he sustained serious injuries at the hands of the Municipal Police who assaulted vendors resulting in him fracturing two ribs.

Chamisa, who is being represented by Kudzayi Kadzere of the Zimbabwe Lawyers for Human Rights, was assaulted in 2018.

According to the court papers, on October 4, 2018, at around 2pm, Chamisa was wrongly and unlawfully assaulted by Municipal Police all over his body with baton, fists, booted feet and palms.

It is alleged the Municipal Police officers also insulted him over his political choices in full view of the public at First Street Mall in Harare.

Chamisa said at all material times the municipal policemen were acting within the course and scope of their employment with the City of Harare during an operation to rid Harare of vendors and touts.

He said as a result of the assault he suffered the physical bodily injury and has a multiple abraded and bruised parts of the body that include the posterior and front torso, front of thighs, areas above the ankles, the face, as well as upper extremities, associated tenderness of the soft tissues over all the mentioned parts of the body.

Chamisa further submitted that he suffered a fractured right hand on the forearm, two fractured ribs on the right side of the rib cage and laceration of the lower lip.

He also said he suffered abrasions and bruising of tissues of the torso and limb, split laceration in the vertical pattern on both legs and a non-therapeutic extracorporeal material.

Chamisa said Harare should also compensate him for psychological injuries, shock, failure to sleep, fatigue and loss of energy and difficulty in concentration and hallucination, poor orientation and difficulty in walking and depression.

Chamisa also submitted that he was hospitalised and incurred medical expenses for ointments and X-rays and medication.

“As a result of the foregoing, the plaintiff suffered damages in the amount of US$31 830 broken down as US$1 830 for medical expenses, US$20 000 for shock, pain and suffering, US$10 000 for contumelia,” he submitted.

Chamisa said despite demands the City of Harare refused to pay damages and prayed that the court issues an order declaring the conduct of the Municipal Police unlawful and an order for the payment of US$31 830, interest and the costs of suit.

The matter is expected to be heard today before High Court Judge President Justice Mary Zimba-Dube.

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