South Africa’s Police Minister has been ordered by a court to pay a man R800 000 in damages after he was wrongfully arrested on a charge of raping a neighbour’s child, despite the man having no penis, which had been severed when he was 12 years old.
As reported by <a href="https://www.iol.co.za/news/crime-and-courts/damages-for-rape-accused-without-genitals-86df442b-8099-404f-8b13-308cdc3e43ba">IOL</a>, the man, who is not identified to protect his dignity, turned to the KwaZulu Natal High Court in Pietermaritzburg to claim damages for his unlawful arrest and detention.
He had spent 54 days in a filthy cell before the national prosecuting authority withdrew the charges against him.
While the court turned down his claim for malicious prosecution against the NPA, reasoning that the charge was withdrawn before the prosecution proceeded, it was noted that the investigating officer was aware the man had no genitals. Despite this, the 26-year-old man remained in jail.
The claimant told the court that on March 26, 2020, he was unlawfully arrested by Ezakheni police at his home in Ladysmith, KZN, on a charge of rape. He appeared in court four days later and was denied bail. 
Initially held at the local police station’s holding cells, he was transferred to Ladysmith Correctional Centre until his release on May 18, 2020, when the charge was withdrawn.
The police defended the damages claim with a bare denial of the facts, apart from acknowledging his arrest. However, when the matter went to trial, the SAPS did not present their case.
The claimant reported that after his arrest, he was kept in a tiny cell with a non-flushing toilet due to lack of water, and the cell was so crowded he had to sleep on a blanket on the floor.
Although he was accused of rape, he did not inform the SAPS at the time that he could not commit the act as he does not have a penis.
During his first court appearance, his father informed the investigating officer that his son had been kidnapped in Soweto in 2013 and his genitals had been emasculated.
The investigating officer neither investigated this claim nor informed the prosecution, keeping silent instead. 
Only after nearly two months in jail did a doctor confirm that the man had no genitals, leading to the withdrawal of the charge.
The court, in assessing the amount of damages to be awarded, noted that while not much evidence was presented about the filthy conditions in the holding cell, it is undisputed that South African prisons are severely overcrowded, causing inhumane conditions for prisoners.
The court criticized the investigating officer’s neglect to confirm that the man was incapable of committing the offence and to inform the prosecution. This led to his unlawful detention.
The court accepted that he did not commit the rape and noted he never received an apology or an explanation from the police. The police did not appear in court to explain themselves.

Pindula News

A man in South Africa with no penis was wrongly accused of rape and awarded R800 000 in damages by the court. The man spent 54 days in jail before the charges were dropped. Despite knowing he had no genitals, the police arrested him. The man suffered inhumane conditions in jail but did not tell the police he couldn't commit the crime. The court criticized the investigating officer for neglecting to confirm the man's inability to commit the crime. The police did not apologize or explain their actions in court.

South African Man Without A Penis Accused Of Rape, Awarded R800 000 In Damages By Court

The Zimbabwe Electricity Supply Authority (ZESA) has forked out ZiG132 889, which is about US$10 000, to a 21-year-old man, as compensation for damages, after he was electrocuted 2 years ago and sustained severe electrical burns owing to gross negligence by the State-run power utility.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), Dumisani Chikosi, who resides in Tonhodzai village in Chiadzwa in Manicaland Province, was electrocuted by some electricity cables that were hanging close to the ground in January 2022 while walking home in the company of four other people.
As a result of the electrocution, Chikosi suffered severe burns all over his body and permanent and irreversible injuries.
Chikosi, who was a teenager at the time that he was electrocuted, went on to spend 80 days at Murambi Garden Clinic in Mutare, where he received treatment. Added ZLHR:
<blockquote>
While in hospital, ZESA Holdings through its subsidiary, Zimbabwe Electricity Transmission and Distribution Company (ZETDC), paid for his medical expenses although it was not forthcoming with respect to paying him compensation for the damages, he suffered.
This then compelled Chikosi to engage Peggy Tavagadza and Tatenda Sigauke of the Zimbabwe Lawyers for Human Rights who in December 2022 wrote a letter of demand to ZETDC Eastern Region offices claiming US$20 000 in damages.
In their letter to ZETDC, Tavagadza and Sigauke told the electricity generating company that it was liable for the unfortunate accident, which was caused by negligence on the part of its employees, who neglectfully failed to secure electrical cables in a residential area, thereby endangering people.
</blockquote>
The human rights lawyers said in response to the letter, Cell Insurance, who are ZETDC’s insurers offered a settlement of US$10 000, which Chikosi accepted.
However, ZETDC vacillated and failed to honour its obligations in respect of the offer of settlement, which it had made. Said ZLHR:
<blockquote>
This prompted Tavagadza and Sigauke to file a summons at Mutare Magistrates Court on 5 April 2024 seeking an order to enforce payment from ZETDC.
While the matter was yet to be set down for hearing in court, ZETDC immediately made a payment amounting to ZiG132 889, which translates to about US$10 000 to Chikosi, as compensation for the damages, which he suffered from the electrocution. Resultantly, Chikosi withdrew the summons after ZETDC paid him compensation.
ZLHR intervened in assisting the minor child as part of its anti-impunity strategies to foster accountability at the country’s supplier of electricity and to deter and discourage acts of human rights violations by state-run institutions.
Over the years, ZLHR has intervened in similar cases of ZESA Holdings’ negligence by suing and obtaining orders for payment of damages on behalf of several victims.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

ZESA Pays US$10 000 In Damages To Man Electrocuted By Hanging Electricity Cables

The Harare civil court has ordered the girlfriend of a married man to pay his wife US$8,000 in damages for breaking up the couple’s marriage.
The court ruled that Sheba Uta must pay damages to Rosemary Chinhoi for having an affair with James Chinhoi, Rosemary’s husband of 30 years.
As reported by <a href="https://www.herald.co.zw/girlfriend-ordered-to-pay-us8-000-in-damages/">The Herald</a>, Rosemary had sued for US$30 000 in adultery-related damages broken down as follows: US$10 000 for contumelia, US$10 000 for loss of consortium, US$5 000 compensation for the high blood pressure and stress caused by the affair.
The remainder was to be compensation for the unhonoured promise that Uta, who is also Rosemary’s relative, would stop the affair.
However, after a fully contested civil trial, Harare magistrate Tamara Chibindi reduced the claim from US$30 000 to $8 000 for both contumelia and loss of consortium. Ruled Chibindi:
<blockquote>
Accordingly, the plaintiff’s claim succeeds and the defendant is hereby ordered to pay the plaintiff the sum of US$8 000 or its equivalent in value in local currency at the official interbank rate calculated on the date of payment, together with interest to be calculated at the prescribed rate from the date of this judgment.
</blockquote>
The judge ruled that a civil claim for adultery damages was still relevant even in a progressive society like Zimbabwe which has its social values sanctified in the Constitution.
Chibindi said that where evidence was flawless as in the case that Chinhoi was injured, insulted and subjected to indignity, contumelia umbrella damages were justified.
The judge dismissed Uta’s defence as vexatious and frivolous, ruling that she was acting insincerely when she mounted her defence. Said Chibindi:
<blockquote>
Parts of her defence were clearly dishonest. More so, the defendant wasted the court’s time by defending this action when there was overwhelming evidence against her. Thus the costs on a higher scale are justified in these circumstances.
</blockquote>
In Zimbabwe, the marriage institution is protected under Section 78 of the Constitution and it is well established in the nation’s culture, religion and traditions.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Harare Court Orders Girlfriend to Pay US$8,000 Damages For Breaking Up Marriage

The Zimbabwe Electricity Transmission and Distribution Company (ZETDC), a subsidiary of ZESA Holdings has reportedly agreed to pay US$15 000 as compensation for damages to a minor child who was electrocuted in April 2019.
The Zimbabwe Lawyers for Human Rights (ZLHR) said the juvenile was electrocuted and sustained severe electrical burns due to gross negligence by ZETDC. Said ZLHR:
<blockquote>
The 13-year-old minor child was left nursing extensive injuries to his right upper limbs including permanent and irreversible injuries, which he suffered due to electrocution in April 2019 while medical doctors estimated his impairment percentage at 20%.
</blockquote>
On 16 September 2022, ZLHR’s Kelvin Kabaya wrote a letter of demand to ZETDC on behalf of the minor’s parents demanding payment amounting to US$15 000 as compensation for damages suffered by the 13-year-old child. The human rights lawyers said:
<blockquote>
The minor child was electrocuted by some exposed electricity cables, which were left hanging dangerously low and within reach of people at his parents’ residence in Penhalonga in Manicaland province. As a result of the accident, the child suffered severe electrical burns.
Kabaya told ZETDC that it was to blame for the unfortunate accident, which was caused by negligence on the part of its employees, who negligently left exposed electrical cables thereby endangering vulnerable children.
</blockquote>
ZLHR added that ZETDC has, through its insurer, Cell Insurance, recently advised Kabaya that it had accepted the minor child’s claim and would pay him US$15 000 as compensation for the damages which he suffered from the electrocution.

ZESA Agrees To Pay US$15 000 In Compensation To Electrocution Victim

A teenager from Chitungwiza has sued ZRP Commissioner-General Godwin Matanga and Home Affairs and Cultural Heritage minister Kazembe Kazembe for damages amounting to US$15 000 after he was shot and injured by police officers who were pursuing a robbery suspect.
Tashinga Mugwara (19) was accidentally shot at a fuel station at Taita Shops in Chitungwiza by police officers on 27 June.
The bullet went through his lower body, resulting in his suffering severe abdominal injuries.
Mugwara’s lawyer, Tinashe Chinopfukutwa from the Zimbabwe Lawyers for Human Rights (ZLHR) submitted:
<blockquote>
Mugwara will potentially suffer from adhesive bowel obstruction in future as a result of the injuries he sustained owing to the unwarranted shooting by ZRP officers.
… Mugwara was unarmed and had not threatened the law enforcement agents in any way which justified their resort to severe force.
Chinopfukutwa said Mugwara suffered damages amounting to US$5 000 for pain and suffering, US$5 000 for contumelia and affront to dignity as well as US$5 000 for future medical expenses.
</blockquote>
Mugwara is also claiming payment of US$183 and $24 351 for medical expenses which he incurred following the shooting. | <a href="https://www.newsday.co.zw/thestandard/local-news/article/200002070/police-shooting-victim-sues-matanga">The Standard</a>

Police Shooting Victim Demands US$15 000 Compensation

The Zimbabwe Lawyers for Human Rights (ZLHR) has notified the Zimbabwe Republic Police (ZRP) of its intention to sue for damages on behalf of Pamela Muchazorwewa.
Muchazorwewa was seriously wounded by a stray bullet when police officers were involved in a shootout with a suspected armed robber in Chitungwiza last month.
In a statement, ZLHR said Muchazorwewa suffered as a result of her unlawful and negligent shooting on 27 June. Said ZLHR:
<blockquote>
We told [ZRP] that the use of guns in the circumstances constitutes a disproportionate use of force which unnecessarily endangered the lives of members of the public.
Our lawyer [Tinashe Chinox] said the wanton and excessive use of force by [ZRP] in this matter is clearly unjustifiable and unlawful.
Chinopfukutwa said ZRP’s actions constitute gross human rights violations in terms of the Constitution and international law, particularly the right to human dignity, the right to personal security and the right not to be subjected to torture, cruel, inhuman or degrading treatment (section 53).
</blockquote>
Assistant Commissioner Paul Nyathi confirmed on 28 June that Muchazorwei and Tashinga Mugwara were shot at Taita Shops as detectives exchanged fire with the suspect, only identified as Denis Madondo. Asst Comm Nyathi said:
<blockquote>
The Zimbabwe Republic Police is investigating an unfortunate incident that occurred at Taita Shops in Chitungwiza on 27th June 2022 at around 1600 hours, where Police had a shoot-out with a robbery suspect only identified as Denis Madondo.
Police received a tip-off and located the suspect at Taita Shops. The suspect noticed detectives approaching and drew an Airgun pistol from his jacket before pointing it to the detectives. In response, the detectives fired a warning shot into the air and later shot towards the suspect and missed him.
The suspect dropped the pistol and fled into the bushes where he got into an unregistered red Honda Fit vehicle and drove off towards Chitungwiza-Hwedza Road.
After about an hour, it emerged that the bullet which missed the suspect had hit Tashinga Mugwara and Pamela Muchazorwei.
The two victims sustained serious injuries and are currently admitted at Chitungwiza Hospital and Parirenyatwa Group of Hospitals respectively.
The Zimbabwe Republic Police deeply regrets the unfortunate shooting of the two and urges the public to quickly move away from crime scenes especially when armed robbers are confronting Police officers.
The Police will not rest until all robbery suspects are brought to book and the law takes its course.
Above all, criminals are warned against resisting arrest and firing at Police officers, as an appropriate measure of force will be retained.
</blockquote>

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