Mashudu Netsianda, Senior Court Reporter
A GWANDA businessman is suing Home Affairs Minister Ignatius Chombo and the police for $20 000 following his unlawful arrest and detention over stocktheft charges.
Mr Puluko Moyo is demanding the money from the minister and the police in damages for deprivation of liberty, loss of self esteem, inconvenience, discomfort, humiliation and anguish while detained in police cells.
Mr Moyo through his lawyers, Samp Mlaudzi and Partners, has filed summons at the Bulawayo High Court citing Minister Chombo, Police Commissioner-General Augustine Chihuri, one Inspector Zhakari and Constables Chengera and Nhandu as defendants.
In papers before the court, Mr Moyo said he suffered public humiliation following an eight hour detention in handcuffs.
“On June 3, 2016 at Heads and Hooves Butchery in Bulawayo, I was wrongfully and unlawfully arrested by Inspector Zhakari and Constables Chengera and Nhandu who are members of the Zimbabwe Republic Police while acting within their scope of employment on a charge of stocktheft,” he said.
Mr Moyo said he was taken to Donnington Police Station where he was detained and paraded for eight hours.
“I was paraded at Donnington Police Station without being charged in full glare of the public from 11AM to 7PM. Thereafter at around 7PM, I was taken to Gwanda Police Station where I was further unlawfully detained until June 4, 2016 shortly after 4PM when I was released without a charge,” he said.
Mr Moyo said the arresting details abused him instead of offering him protection.
“The arrest and detention was aggravated. I was arrested on spurious grounds and malice when there was no apparent reason. The police arrested me and held me in custody for stocktheft and abused me instead of protecting me when they knew the charges were false,” he said.
Mr Moyo said he was a reputable businessman involved in buying and selling cattle. He said his arrest has negatively impacted on his social standing and has also affected his business and reputation.
“As a result of the wrongful and unlawful arrest, I have suffered damages in the total amount of $20 000 for deprivation of liberty, inconvenience and discomfort, contumelia, humiliation, anguish, loss of self esteem and self respect and reputation in the eyes of others,” he said.
He is seeking an order compelling the defendants to pay the money with prescribed interest calculated from June 3, 2016 to the date of full payment. Mr Moyo also wants the defendants to pay the legal costs.
The defendants have not yet responded to the summons.