A security guard who ruptured his genitals after an assault
by two municipal police details accusing him of illegal vending has filed a
$700 000 High Court claim against the Harare City Council.
Admire Chipusire is suing Harare and two of its employees,
Munyaradzi Chaza and Patrick Matumbura, for assaulting him on spurious
allegations that he was an illegal vendor.
Through his lawyer, Mr Emmanuel Hamunakwadi of Hamunakwadi
and Nyandoro Legal Practice, Chipusire is seeking damages for pain and suffering
to the tune of $700 000.
According to Mr Hamunakwadi, the physical attack resulted
in the rapture of his client’s organ, part of which was subsequently removed
following medical surgical.
Harare is cited in the claim on account of vicarious liability,
as Chaza and Matumbura’s employer.
The incident occurred on March 17 this year, when Chipusire
was at his workplace at the corner of George Silundika Avenue and Innez Terrace
in the capital, where he is employed as a security guard by the Zimbabwe Post
(Private) Limited.
He claims that he was accosted by the two officers who
accused him of illegal vending. Without giving him a chance to explain himself,
Chipusire claims that Matumbura grabbed him by the arms and Chaza unleashed
three fatal kicks on his genitalia.
After the gruesome episode, Chipusire was rushed to
hospital where he was admitted for an emergency operation.
“The callous attempted murder committed by second (Chaza)
and third (Matumbura) against plaintiff (Chipusire), during the course and
scope of their employment and in pursuit of the first defendant (City of
Harare)’s interests was blatantly unlawful and has absolutely no place in
modern day civilisation as it is a naked affront to the plaintiff’s
constitutionally guaranteed right to life,” read the summons.
Harare City Council, which has 10 days to file its defence
to the claim by Chipasure, has of late become a cash cow for litigants.
Some of the cases emanate from the city officials’ bungling
in handling labour issues. Herald
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