VICTIMS of brutality perpetrated by some soldiers have begun accessing justice with the Zimbabwe National Army (ZNA) making payments to compensate them for egregious violations of their fundamental rights during an unprecedented clampdown of liberties.
ZNA Commander Lieutenant-General Emmanuel Matatu and Defence Minister Hon. Oppah Muchinguri, were sued by two Harare residents Felix Mafondokoto and Muchademba Muponde, who were victims of brutality perpetrated by some ZNA members in 2019.
Mafondokoto, a 44 year-old man, was shot by ZNA members on 19 January 2019, when soldiers were dispersing people during a clampdown on anti-government protests, where people protested against an arbitrary hike in fuel prices and the agonising economic crisis blamed on President Emmerson Mnangagwa’s administration. While Mafondokoto was not participating in the protests, he ended up being admitted in hospital after sustaining injuries from being shot at by a ZNA member.
The Chitungwiza resident, who suffered severe injuries from the shooting and still has some bullet fragments in his body, engaged Kossam Ncube of Zimbabwe Lawyers for Human Rights (ZLHR), who assisted him to sue Matatu and Hon. Muchinguri and demanded to be paid US$49 000 in damages for the violation of his fundamental rights.
In the summons filed at Harare Civil Magistrates Court, Mafondokoto asked the court to order Matatu and Hon. Muchinguri to compensate him for pain and suffering which he endured, nervous shock, loss of earnings and for the medical expenses, which he incurred as he got hospitalised for treatment.
In the case of Muponde, he was heavily brutalised by some soldiers on 16 January 2019, when the ZNA members were deployed to suppress the countrywide anti-government protests. Muponde was assaulted by soldiers as he accompanied his grandfather to buy a chicken at Glenview 1 Shopping Centre in Harare, where he saw a group of soldiers chasing people around and he also began to flee. One of the soldiers, who was brandishing a gun, spotted him and gave chase and caught him before assaulting him on the back of his body and neck using the back of the firearm. The Harare man started bleeding when the soldier hit him on the back of his head and ran to hide at a nearby homestead. But the soldier followed him and continued assaulting him using the back of the gun at the homestead. At one point, the soldier even lifted his gun threatening to shoot him. Muponde sustained serious injuries on both legs including internal injuries on his left leg as a result of the assault and he could not walk. The soldier continued beating him and only stopped after seeing the severity of the injuries sustained by Muponde and instructed him to wash the blood off his face.
Muponde then engaged Tinashe Chinopfukutwa of ZLHR, who in 2019 sued Hon. Muchinguri and Matatu, claiming payment of damages for pain and suffering, nervous shock, contumelia, affront to dignity and humiliation.
During trial at Harare Civil Magistrates Court, Hon. Muchinguri and Lieutenant-General Matatu unsuccessfully tried to absolve themselves of any liability in the assault of Mafondokoto and Muponde by arguing that the soldiers who assaulted the duo were not under the control of the ZNA Commander, but of Zimbabwe Republic Police, as they had been deployed to assist the law enforcement agents to restore law and order.
Hon. Muchinguri and Lieutenant-General Matatu were ordered by Harare Civil Court Magistrate Mandlenkosi Ndhlovu to pay US$29 182 to Mafondokoto as compensation for the damages, which he suffered from the brutality perpetrated by soldiers while Harare Civil Court Magistrate Tamara Chibindi ordered the duo to pay ZiG45 976 to Muponde.
While they continue nursing scars to injuries sustained from the army brutality, Mafondokoto and Muponde are relieved after their sustained efforts at combating impunity and access justice, were successful as the ZNA payment of ZiG786 956, the equivalent of US$29 182, was deposited in Mafondokoto’s bank account while Muponde received ZiG45 976 as compensation for violation of their rights by soldiers.
Mafondokoto and Muponde are the latest victims of brutality perpetrated by members of the security services to successfully sue for violations and hold them accountable for their barbaric actions.
By bringing anti-impunity civil proceedings against perpetrators, ZLHR aims to deter and discourage acts of human rights violations in Zimbabwe.
ENDS
Zimbabwe Lawyers for Human Rights
Kodzero/Amalungelo House
No. 103 Sam Nujoma Street, Harare, Zimbabwe
Phone: (+263 8677005347, +263 242 764085/705370/708118
Email: info@zlhr.org
www.zlhr.org.zw
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