A SUSPECTED robber who was shot by detectives while fleeing
after he allegedly raided a bar in Zvishavane and looted beer, is suing Home
Affairs and Cultural Heritage Minister Cain Mathema and Police
Commissioner-General, Godwin Matanga, for $15 000.
Happison Masuku (49) allegedly robbed Zivanai Bar and
General Dealer Shop at Mabwematema Business Centre in Zvishavane.
He was shot and seriously injured by police as he allegedly
tried to avoid arrest in September last year.
Masuku allegedly assaulted and robbed a barlady, Ms Audrey
Muzamani of beer, cellphones, a plasma television, an amplifier, batteries and
boxes of cigarettes among other items on September 12, 2018.
He allegedly forced Ms Muzamani to unlock the door and
assaulted her with a metal bar.
Masuku is alleged to have covered her face with a blanket
as he went about looting valuables from the bar and the grocery shop.
He allegedly took $600, three cellphones, buster batteries,
swiping machine, a 32inch LG plasma television set, an amplifier, memory cards,
21 crates of assorted clear beer, three cases maheu traditional brew, two cases
sterilised milk, three packets of snacks, four boxes of biscuits, 12 packets of
chocolates, 10 packets of cigarettes, 17 bottles of assorted cane spirit and
six packs of energy drinks.
He then allegedly went to Zivanai General Dealer on the
same day where he robbed Ms Thandiwe Nyoni of groceries. Masuku was cornered by
police as he tried to escape and was shot in the thigh.
Masuku, whose matter is still pending before the court, has
through his lawyers Mutendi, Mudisi and Shumba Legal Practitioners, filed
summons at the Bulawayo High Court citing Minister Mathema, Comm-Gen Matanga
and four detectives only identified as Detective Sergeant Sibanda, Detective
Constables Chishuwo and Moyo, as defendants.
He is seeking an order compelling the defendants to pay him
$15 000 compensation for damages arising out of excessive force without any
lawful cause, loss of dignity, degrading treatment and failure by police to
perform their constitutional duties.
In papers before the court, Masuku said he suffered
permanent injuries as a result of the gunshot inflicted on him.
“The detectives who arrested me acted in a manner
inconsistent with their constitutional obligations as members of the Zimbabwe
Republic Police. This abrogation of constitutional duties directly led to the
injury and loss suffered by the plaintiff. The detectives acted in pursuant of
Minister Mathema and Comm-Gen Matanga’s interests and therefore they are
vicariously liable for the excessive and unnecessary use of force beyond the
justifiable scope of the detectives’ duty,” said Masuku.
He said the defendants are jointly and severally liable for
the payment of the claim, one paying the others to be absolved. Masuku said the
three detectives are being sued in their personal capacities.
“Wherefore, the plaintiff prays that the damages in the sum
of $15 000 arising from the excessive use of force without any lawful cause,
loss of dignity and degrading treatment be paid by the defendants jointly and
severally liable for the claim one paying the others to be absolved,” he said.
Masuku wants the defendants to pay the money with an
interest of five percent calculated from the date of summons to the date of
full and final settlement including the legal costs.
The defendants are yet to respond to the lawsuit. Chronicle
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