THE family of the
late Chitungwiza footballer Kelvin Choto, who was allegedly shot by security
forces during last month’s protests against fuel price hikes, has given notice
to sue government.
Choto’s family is also seeking to force the State to
release various critical documents that can reveal the truth about his death.
Choto was among the 17 people killed by State security agents deployed to quell
the violent protests that were triggered by President Emmerson Mnangagwa’s 150%
fuel price hike in mid-January.
Over 80 people reportedly sustained gunshot wounds,
according to human rights groups. Choto was shot and died on the spot on
January 14 near Chitungwiza Police Station.
The family has written to Home Affairs minister Cain Matema
expressing dismay over the way the police handled the matter.
The deceased’s family claims that it had encountered
difficulties in accessing critical documents to take their case to the next
level after they were initially told to collect the post-mortem report from
Chitungwiza Police Station.
“On January 21, 2019, Julius Choto (deceased’s father) went
to collect the post-mortem report, but the member-in-charge informed him that
the report was not for his consumption and that only the Police
Commissioner-General (Godwin Matanga) could release the report,” the family’s
letter, copied to Matanga, Prosecutor-General Kumbirai Hodzi and Health
minister Obadiah Moyo, read.
“The family has still not been supplied with a copy of the
report, nor have they been advised of the outcome of any investigation.”
The Choto family is demanding to be furnished with copies
of any consent or authorisation given for the initiation of the post-mortem
process in terms of section 4 and 8 of the Anatomical Donations and Post-Mortem
Examinations Act or any instructions given for post-mortem by a magistrate.
They are also demanding a copy of any report made by a
medical practitioner to a magistrate over their son’s death from unnatural
causes in terms of section 7(1) of the Burial and Cremation Act and a copy of
the inquest report in terms of section 13 of the Inquest Act.
“In the event that an inquest has not been initiated, we
hereby request that the matter be urgently referred to a magistrate for
investigation in terms of section 5 of the Inquest Act Chapter 7:07,” the
notice, giving the minister seven days to act, reads.
“Finally, we do hereby notify you of our clients’ intention
to sue for damages for the unlawful killing of Kelvin Tinashe Choto by the
Zimbabwe Republic Police. Damages to be claimed include loss of support, pain
and suffering and nervous shock, the sum to be commuted in due course and to be
furnished in the summons commencing action.” Newsday
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