MDC Alliance vice president Tendai Biti’s lawyer Nqobizitha
Mahole Mlilo and aides Clever Rambanepasi and Tawanda Blessing are each
claiming $1 million from Home Affairs minister Kazembe Kazembe and police
commissioner-general Godwin Matanga for wrongful arrest, detention and
malicious prosecution.
The three were arrested together with Biti for an alleged
border jumping incident in 2018, but were all acquitted by a Karoi magistrate.
The trio believe their arrest, detention and prosecution
was wrongful as they never departed the country as alleged by the arresting
details, a matter they were prosecuted for and have approached the High Court
for redress.
They want redress for expenses they incurred in defending
themselves against the charges, including travelling expenses to Karoi several
times for court hearings, deprivation of freedom and discomfort.
“On August 9, 2018 at Chirundu, plaintiffs were arrested
without a warrant by members of the Zimbabwe police service under the
supervision of assistant commissioner Nyabasa.
“Plaintiffs were immediately ferried to Harare under armed
police guard and taken to CID Law and Order section. “Plaintiffs were detained in custody overnight at Harare
Central police station,” they said in the court application.
The trio believe they were arrested on disinformation by
the police as they never left Chirundu border post. “Plaintiffs did not depart Zimbabwe as alleged or at all.
At all the material times, plaintiffs were lawfully within the precincts of
Chirundu One Stop Border Post.
“When laying this charge and giving this disinformation,
defendants had no reasonable or probable cause for doing so, neither did they
have reasonable belief in the truth of the information given or charge laid
against plaintiffs,” they said.
“Plaintiffs pray for judgment against the defendants . . .
payment to each of them the sum of $500 000.00 being general damages for
wrongful arrest and detention.
“Payment to each of them of the sum of $500 000.00 being
general damages for malicious prosecution.”
Kazembe, Matanga and a third defendant who was not
mentioned by name are yet to respond to the application. Daily News
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