Organised Violence and Torture
in Zimbabwe in 1999

5. Cases from 1998
These cases were previously reported in the Consolidated Report on the Food Riots.

• Settled
• Withdrawn/Dismissed
• Trial
• Missing/Deceased

5.1 Settled  TOP
The six cases which fall under this heading were settled on the basis that the responsible State agency was admitting liability. In all the cases judgments were formally entered and court orders made. All of the cases mentioned below were settled at Pre-Trial Conferences before judges in chambers.

Getting judgment against a Government department is one thing and getting payment if damages is another. At the end of last year it was indicated to us by the Civil Division of the Attorney-General’s Office that the Ministries of Defence and Home Affairs had exhausted their votes and did not have alternative means of raising money to pay the damages. Up the date of this report nothing has been paid. Unlike in ordinary civil cases, the law does not allow a judgment creditor to execute the judgment against State property. The HRLU will continue its efforts to have these damages paid.

Four of the cases involve complaints of assault by the army and one involves a complaint of assault by the police. The last one concerns a young lady who was assaulted by members of both the army and the police. It should be noted here that in all these cases the injuries complained of were fairly minor. Medical records indicate the injuries sustained as bruises and/or abrasions. Below is a brief summary of each of the settled cases.

JG
She was assaulted by members of the army together with her mother, brother and sister at midnight and sustained minor injuries. The soldiers were responding to a report of theft and wanted to extract information relating to the location of the stolen property. She was not engaged in any unlawful activities or riots at the time of the beating. A settlement was reached before Garwe J on the basis that judgment was entered for the plaintiff in the sum of $10000.00 together with interest at the prescribed rate from the date of judgment to date of payment in full. The defendants were also ordered to pay costs of suit.

FG
He is JG’s brother and he was assaulted in similar circumstances as those described above. Judgment was entered for him in the sum of $13000.00 together with interest and costs.

GK
Members of the army forcibly entered into his bedroom and dragged him outside whereupon they started assaulting him. He sustained bruises and abrasions on his legs and buttocks. By consent the court ordered that judgment be entered for him in the sum of $10000.00 in respect of general damages plus costs.

TM
She was assaulted by members of both the police and the army whilst at home. She was accused of having taken part in the riots. She sustained bruises and abrasions on her back and buttock. She was awarded $14000.00.

GM
He was assaulted with clenched fists and booted feet by policemen who were investigating the theft and burning of a police motor vehicle. He sustained wounds and bruises on his head, face, back and feet. The police admitted liability and judgment was entered for him for $10000.00 together with interest and costs.

5.2 Withdrawn/Dismissed  TOP
Two cases were withdrawn. In the first one it appears summons had been issued against the police by mistake. The woman, AM, had given a statement to the police after the incident that she had been attacked by a riotous mob whilst driving to work. She had lost consciousness as a result of the attack but prior to that she had not seen any policeman nearby. It was agreed that the matter be withdrawn with no order in respect of costs.

5.3 Trial  TOP
One trial has been completed and we are waiting for judgment. It is the case of SM who was shot in the stomach by police. He worked as a waiter at a restaurant and had knocked off from work at around 11pm.. He was dropped off by a commuter bus a few kilometers from his home as the roads had been blocked by rioters. He was caught by a stray bullet as he was passing near a shopping centre in Kuwadzana 4. This case is the high water mark as it will guide us in the other cases involving shooting. Seven other cases were referred to trial in 1999. As at end February 2000, a further 2 cases are set down for trial and another 6 cases for pre-trial conference.

5.4 Missing/Deceased  TOP
In November 1999 an advertisement was placed in the papers for clients we could not locate. Many of them responded. They had all changed their residences and were very happy to know that their claims were still pending in court. We have however not been able to locate AM who we are reliably informed is now staying in Botswana. We have not been able to get information on the whereabouts of one MM who was staying in Mbare during the time of his assault by members of the Zimbabwe Republic Police.

After an advertisement in the newspapers for missing clients, we were advised of the death of JM by his widow and brother. TOP