HIGH Court Judge Justice Samuel Deme has ordered Zimbabwe Republic Police (ZRP) and Home Affairs and Cultural Heritage Minister Hon. Kazembe Kazembe to pay US$15 000 to a Harare resident, who sued them over delinquent actions committed by some law enforcement agents, who severely assaulted and held him in filthy detention conditions before he was acquitted.
Emmanuel Majoni, a 52 year-old Harare resident, sued Hon. Kazembe and ZRP Commissioner-General Stephen Mutamba, for unlawful arrest and detention and also for pain and suffering, after accusing some ZRP officers, who apprehended and charged him with public violence on 24 August 2016 in Harare together with 73 other Harare residents, of violating his fundamental rights.
In summons filed at Harare High Court, Majoni, who was represented by Emmanuel Lawrence Chibwe and Kelvin Kabaya of Zimbabwe Lawyers for Human Rights, stated that he sustained injuries after he was severely assaulted by some ZRP officers, who apprehended him and who used truncheons and booted feet.
The Harare resident complained that he was subjected to cruel, inhuman and degrading treatment after he was detained in filthy and overcrowded cells at Harare Central Police Station and was not given blankets to cover himself during the night together with other dwellers, who were accused of participating in an anti-government protest.
At Chikurubi Maximum Security Prison, Majoni was subjected to harsh and severe conditions for a period of one month, where he was categorised as a dangerous prisoner commonly referred to as the “D” class.
Majoni protested that the food at Chikurubi Maximum Security Prison was non-nutritious and he was traumatised by the unsanitary conditions of the detention cells, which leaked sewage.
After enduring all this horrible treatment, the Harare resident was discharged at the close of the State case on 22 March 2017 after standing trial at Harare Magistrates Court and after facing prosecution for about seven months, when he should not have been arrested at all.
He stated that he suffered the ignominy of detention and standing trial when he should never have been an accused person and lost his source of income since he could not go to work while incarcerated.
Majoni complained that the shock and trauma of the incident left him emotionally damaged and the incident impaired his dignity and self-esteem while his reputation was soiled as he was associated with criminals due to the malicious charges preferred against him and the unlawful deprivation of liberty.
In suing Mutamba and Hon. Kazembe, Majoni charged that his arrest and detention was carried out by ZRP officers during the course and scope of their employment hence the duo is vicariously liable for the wrongs done to him.
Majoni said he suffered damages amounting to US$15 000 as a result of the conduct of ZRP officers, who violated his rights through unlawful arrest, detention and cruel, inhuman and degrading treatment.
Out of the US$15 000 that Majoni demanded, he stated that US$5 000 will be damages for unlawful arrest and detention while US$5 000 will be for pain and suffering with US$5 000 covering damages for contumelia.
On 2 September 2026, High Court Judge Justice Deme ordered Hon. Kazembe and Mutamba to pay Majoni US$15 000 as damages for unlawful arrest and detention, pain and suffering and for contumelia.
Majoni is the latest victim of ZRP’s delinquent conduct to be compensated for violation of his rights after receiving legal assistance from ZLHR.
By bringing anti-impunity civil proceedings against perpetrators of human rights violations, ZLHR aims to deter and discourage acts of human rights violations in Zimbabwe.
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ENDS
Zimbabwe Lawyers for Human Rights
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