Assault victim wins ZWL$7 000 compensation claim against CIO and ZRP

THE Central Intelligence Organisation (CIO) and Zimbabwe Republic
Police (ZRP) have paid ZWL$7 000 to a victim of assault after he
successfully sued them with the assistance of Zimbabwe Lawyers for
Human Rights (ZLHR).

32 year-old Tomufadzanei Murindagomo sued Owen Ncube, the Minister of
State for National Security, Hon. Kazembe Kazembe, the Minister of
Home Affairs and Cultural Heritage, Godwin Matanga, the
Commissioner-General of ZRP, some CIO members and some police officers
in August 2017 for payment of damages after he was unlawfully arrested
from his home and detained by a group of eight people including some
CIO operatives. and put into the rear boot of the CIO’s Alteza vehicle
and driven around for between 30 to 45 minutes until he was eventually
released into the custody of a police officer only identified as
Constable Kondo and placed in police cells at Glen Norah Police
Station.

At Glen Norah Police Station, Murindagomo was held without charge
overnight and was later charged with the assault of one Moffat
Mavambo. However, Murindagomo was acquitted of the assault charge.

In court, Murindagomo’s lawyer Fiona Iliff of ZLHR argued that the
arbitrary arrest, assault and unlawful detention of her client was
clearly unjustifiable and unlawful in the circumstances and amounted
to violations of several of his fundamental rights including the right
to human dignity personal security, freedom from torture or cruel,
inhuman or degrading treatment or punishment and of his right to
personal liberty.

Iliff charged that the transfer of custody of Murindagomo from State
security agents to the police without charge further violated his
constitutional rights as an arrested and detained person including the
right to be informed of the reasons of arrest, the right to be treated
humanely and with dignity, the right to consult a legal practitioner
and medical practitioner and his right to a fair hearing.

Iliff said as a result of the CIO members and the ZRP officers’
wrongful conduct, Murindagomo suffered damages amounting to ZWL$7 080
broken down as ZWL$2 000 being damages for assault, ZWL$1 000 for
nervous shock, ZWL$1 000 for abuse, ZWL$1 000 for pain and suffering,
ZWL$2 000 for unlawful arrest and detention and ZWL$80 as compensation
for unlawful deprivation of property, a Samsung Galaxy mobile phone
handset.

On Wednesday 27 November 2019, Murindagomo was finally paid ZWL$7 080
as compensation for the violation of his fundamental rights as ordered
by Harare Magistrate Farai Gwitima.