Four Shurugwi residents are set to receive nearly US$40,000 in compensation after a judicial officer convicted Zimbabwe National Army (ZNA) Commander Lieutenant-General Anselem Sanyatwe and Defence Minister Oppah Muchinguri for violating their rights during a government-imposed lockdown three years ago.
The residents—Grant Zinyuke, Moreblessing Ncube, Batler Jabangwe, and Mavhuto Kachepa—were assaulted by soldiers enforcing the lockdown in August 2021. They argued that the soldiers acted unlawfully under the control of Sanyatwe and Muchinguri, who were held vicariously liable.
Represented by lawyers from Zimbabwe Lawyers for Human Rights, the residents described severe injuries resulting from the assaults.
Zinyuke suffered facial injuries and lost teeth; Ncube experienced swelling and bruising; Jabangwe endured multiple injuries that affected his ability to wear shoes; and Kachepa sustained serious leg fractures.
Magistrate Patricia Gwetsayi ordered Sanyatwe and Muchinguri to pay Zinyuke US$10,000, Ncube US$8,000, Jabangwe US$8,000, and Mavhuto US$12,000 for pain, suffering, trauma, and medical expenses related to their injuries.
Below is the full statement by the Zimbabwe Lawyers for Human Rights on the matter:
FOUR AGGRIEVED Shurugwi residents are set to receive close to US$40 000 after a judicial officer convicted Zimbabwe National Army (ZNA) Commander Lieutenant-General Anselem Sanyatwe and Defence Minister Hon. Oppah Muchinguri for violating their rights, when some soldiers went on a rampage and brutalised them, during a government-imposed national lockdown, three years ago.
Sanyatwe and Hon. Muchinguri stood trial at Shurugwi Magistrates Court after the four residents namely Grant Zinyuke, who is employed at Shurugwi Hospital, Moreblessing Ncube, who is self-employed, Batler Jabangwe, an employee of Shurugwi City Council and Mavhuto Kachepa, who is self-employed, sued the duo, demanding payment of 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 coronavirus.
In summons filed at Shurugwi Magistrates Court, Zinyuke, Ncube, Jabangwe and Kachepa, argued that the conduct of the soldiers, who at all material times 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 Hon. Muchinguri, who were held vicariously liable for their actions, was unlawful.
The residents, who were represented by Prisca Dube and Jabulani Mhlanga of Zimbabwe Lawyers for Human Rights, argued that the soldiers unlawfully, wrongfully and without just cause, assaulted them resulting in them sustaining several injuries on their bodies.
In the case of Zinyuke, he 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.
Dube and Mhlanga told Shurugwi Magistrate Patricia Gwetsayi, who presided over the trial of Sanyatwe and Hon. Muchinguri, that Ncube sustained severe swelling on his face, forearms and bruises all over his back, when he was assaulted by some soldiers on 1 August 2021, for allegedly being outside his residence buying airtime so as to get an update on the health status of his ailing mother.
Jabangwe, an employee of Shurugwi City Council, was assaulted all over his body by soldiers, who saw him while coming from executing his duties of opening water taps at Makusha shopping centre and who 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.
In the case of Kachepa, the lawyers stated that he was assaulted by soldiers, whom he met when he was on his way home from a beer retail outlet, who confronted him and without any provocation or warning, used guns and broke his right leg in two spots.
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.
Recently, Magistrate Gwetsayi ordered Sanyatwe and Hon. Muchinguri to pay Zinyuke US$10 000, US$12 000 to Mavhuto, US$8 000 to Jabangwe and US$8 000 to Ncube, as compensation for damages for pain and suffering, trauma and nervous shock and for medical expenses, which they incurred while seeking treatment.
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