Harare
magistrate Feresu Chakanyuka convicted Sikhala of communicating falsehoods
through his Facebook page, with the intention or realisation that there was a
risk of causing public disorder.
Sikhala filed
the lawsuit through his lawyer Harrison Nkomo of the Zimbabwe Lawyers for Human
Rights.
In his summons
filed at the High Court, Sikhala cited police officers Morgan Chafa and Davison
Ngezi, prosecutor Anesu Chirenje, magistrate Chakanyuka, ZRP
Commissioner-General Stephen Mutamba, Home Affairs minister Kazembe Kazembe and
Finance ministry secretary George Guvamatanga as the first to seventh
respondents, respectively.
“The plaintiff’s claim against you jointly and severally, one paying the other to be absolved, is for damages arising from unlawful arrest and detention, malicious prosecution, and wrongful conviction in the sum of US$1 235 000 payable in the lawful local currency at the prevailing rate on the date of payment,” part of the summons read.
The claim
comprises US$500 000 being damages for pain and suffering arising out of
Sikhala’s unlawful arrest, malicious prosecution and conviction of the
plaintiff.
Sikhala is also
demanding US$350 000 for unlawful detention and US$250 000 for contumelia.
For emotional
trauma and stress, Sikhala is demanding US$100 000 and US$$35 000 legal fees.
Sikhala stated
that on January 9 2024, he was arrested by police officers who included Chafa
and Ngezi, the first and second defendants.
It was alleged
that between January 2020 and 2021, Sikhala published or communicated to the
public through his Facebook page, a statement that was false with an intention
or realisation that there was a risk of causing public disorder.
He claims that
he was wrongly or maliciously prosecuted by
Chirenje and convicted of the crime of publishing or communicating a
false statement in contravention of section 31 (a)(iii) of the Criminal Law
(Codification and Reform) Act [Chapter 9:23], which law never existed then
under the statute books of Zimbabwe.
Chakanyuka, the
trial magistrate, cited as the fourth defendant, presided over the matter.
“She unlawfully
and maliciously convicted the plaintiff for contravening a non-existent law.
The conviction and sentence were effectively quashed by the High Court.
“The arrest,
detention, pre-trial incarceration and subsequent conviction of the plaintiff
were unwarranted, unjustified and malicious.
“The
defendants’ conduct in question is unlawful and wrongful in that there was no
legal basis for the deprivation of plaintiff’s liberty at all. The offence for which he was charged was
non-existent.”
Sikhala also
said his arrest and prosecution impaired his reputation and dignity.
“The arrest and
detention of the plaintiff by members of the Zimbabwe Republic Police were
unlawful because there was no reasonable suspicion that the plaintiff had
committed the offence alleged in the indictment,” Sikhala said in his
declaration.
“At all
material times, the Zimbabwe Republic Police officers who unlawfully detained
and instigated the prosecution of the plaintiff were acting within the course
and scope of employment with the fourth and fifth defendants and as such, they
are vicariously liable to compensate the plaintiff for damages he suffered as a
consequence of the actions of the
Zimbabwe Republic Police officers.” Newsday
