Sanyatwe
and
Hon.
Muchinguri
stood
trial
at
Shurugwi
Magistrates
Court
after
the
four
residents
namely Grant
Zinyuke,
who
is
employed
at
Shurugwi
Hospital, Moreblessing
Ncube,
who
is
self-employed, Batler
Jabangwe,
an
employee
of
Shurugwi
City
Council
and Mavhuto
Kachepa,
who
is
self-employed,
sued
the
duo,
demanding
payment
of
compensation
for
violation
of
their
rights,
when
they
were
brutally
assaulted
in
August
2021
by
some
soldiers,
who
were
enforcing
the
national
lockdown
imposed
by
government
in
a
bid
to
curb
the
spread
of
coronavirus.
In
summons
filed
at
Shurugwi
Magistrates
Court, Zinyuke, Ncube, Jabangwe and Kachepa,
argued
that
the
conduct
of
the
soldiers,
who
at
all
material
times
were
acting
within
their
course
and
scope
of
their
employment
as
duly
attested
members
of
ZNA
and
under
the
control
or
instructions
of
Sanyatwe
and
Hon.
Muchinguri,
who
were
held
vicariously
liable
for
their
actions,
was
unlawful.
The
residents,
who
were
represented
by Prisca
Dube and Jabulani
Mhlanga of Zimbabwe
Lawyers
for
Human
Rights,
argued
that
the
soldiers
unlawfully,
wrongfully
and
without
just
cause,
assaulted
them
resulting
in
them
sustaining
several
injuries
on
their
bodies.
In
the
case
of
Zinyuke,
he
sustained
some
injuries
which
include
swelling
on
the
forehead,
lacerations
on
the
upper
lip
and
nose,
bruises
on
his
back
and
losing
some
of
his
teeth
and
had
to
seek
medical
treatment.
Dube
and
Mhlanga
told
Shurugwi
Magistrate Patricia
Gwetsayi,
who
presided
over
the
trial
of
Sanyatwe
and
Hon.
Muchinguri,
that Ncube
sustained
severe
swelling
on
his
face,
forearms
and
bruises
all
over
his
back,
when
he
was
assaulted
by
some
soldiers
on
1
August
2021,
for
allegedly
being
outside
his
residence
buying
airtime
so
as
to
get
an
update
on
the
health
status
of
his
ailing
mother.
Jabangwe,
an
employee
of
Shurugwi
City
Council,
was
assaulted
all
over
his
body
by
soldiers,
who
saw
him
while
coming
from
executing
his
duties
of
opening
water
taps
at
Makusha
shopping
centre
and
who
accused
him
of
wandering
around.
As
a
result
of
the
assault
by
the
soldiers,
Jabangwe
sustained
injuries
on
the
right
side
of
his
back
and
on
his
left
leg,
which
injury
makes
it
difficult
for
him
to
wear
closed
shoes
to
date
and
remains
severely
traumatised
by
the
incident.
In
the
case
of
Kachepa,
the
lawyers
stated
that
he
was
assaulted
by
soldiers,
whom
he
met
when
he
was
on
his
way
home
from
a
beer
retail
outlet,
who
confronted
him
and
without
any
provocation
or
warning,
used
guns
and
broke
his
right
leg
in
two
spots.
While
he
was
lying
on
the
ground,
some
soldiers
assaulted
him
all
over
his
body
and
he
sustained
two
severe
fractures
on
the
right
leg,
swelling
all
over
the
body,
lacerations
on
the
arms
and
some
bruises
on
his
body.
Dube
and
Mhlanga
argued
that such
conduct
by
soldiers
against
the
Shurugwi
residents,
was
cruel,
inhuman
and
degrading
treatment
punishment,
which
left
them
traumatised,
anxious
and
in
shock.
Recently, Magistrate
Gwetsayi
ordered
Sanyatwe
and
Hon.
Muchinguri
to
pay
Zinyuke
US$10
000,
US$12
000
to Mavhuto,
US$8
000
to
Jabangwe
and
US$8
000
to
Ncube,
as
compensation
for damages
for
pain
and
suffering,
trauma
and
nervous
shock
and
for
medical
expenses,
which
they
incurred
while
seeking
treatment.
Post
published
in:
Featured
Chris
Kathryn