OPPOSITION politician Job Sikhala is suing the State for US$1,2 million in damages over unlawful detention and prosecution on a charge that was later quashed by the High Court last year.
Harare magistrate Feresu Chakanyuka convicted Sikhala of communicating falsehoods through his Facebook page, with the intention or realisation that there was a risk of causing public disorder.
Sikhala filed the lawsuit through his lawyer Harrison Nkomo of the Zimbabwe Lawyers for Human Rights.
In his summons filed at the High Court, Sikhala cited police officers Morgan Chafa and Davison Ngezi, prosecutor Anesu Chirenje, magistrate Chakanyuka, ZRP Commissioner-General Stephen Mutamba, Home Affairs minister Kazembe Kazembe and Finance ministry secretary George Guvamatanga as the first to seventh respondents, respectively.
“The plaintiff’s claim against you jointly and severally, one paying the other to be absolved, is for damages arising from unlawful arrest and detention, malicious prosecution, and wrongful conviction in the sum of US$1 235 000 payable in the lawful local currency at the prevailing rate on the date of payment,” part of the summons read.
The claim comprises US$500 000 being damages for pain and suffering arising out of Sikhala’s unlawful arrest, malicious prosecution and conviction of the plaintiff.
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Sikhala is also demanding US$350 000 for unlawful detention and US$250 000 for contumelia.
For emotional trauma and stress, Sikhala is demanding US$100 000 and US$$35 000 legal fees.
Sikhala stated that on January 9 2024, he was arrested by police officers who included Chafa and Ngezi, the first and second defendants.
It was alleged that between January 2020 and 2021, Sikhala published or communicated to the public through his Facebook page, a statement that was false with an intention or realisation that there was a risk of causing public disorder.
He claims that he was wrongly or maliciously prosecuted by Chirenje and convicted of the crime of publishing or communicating a false statement in contravention of section 31 (a)(iii) of the Criminal Law (Codification and Reform) Act [Chapter 9:23], which law never existed then under the statute books of Zimbabwe.
Chakanyuka, the trial magistrate, cited as the fourth defendant, presided over the matter.
“She unlawfully and maliciously convicted the plaintiff for contravening a non-existent law. The conviction and sentence were effectively quashed by the High Court.
“The arrest, detention, pre-trial incarceration and subsequent conviction of the plaintiff were unwarranted, unjustified and malicious.
“The defendants’ conduct in question is unlawful and wrongful in that there was no legal basis for the deprivation of plaintiff’s liberty at all. The offence for which he was charged was non-existent.”
Sikhala also said his arrest and prosecution impaired his reputation and dignity.
“The arrest and detention of the plaintiff by members of the Zimbabwe Republic Police were unlawful because there was no reasonable suspicion that the plaintiff had committed the offence alleged in the indictment,” Sikhala said in his declaration.
“At all material times, the Zimbabwe Republic Police officers who unlawfully detained and instigated the prosecution of the plaintiff were acting within the course and scope of employment with the fourth and fifth defendants and as such, they are vicariously liable to compensate the plaintiff for damages he suffered as a consequence of the actions of the Zimbabwe Republic Police officers.”