Some household property belonging to 2 Zimbabwe Prisons and Correctional Services (ZPCS) officers is going under the hammer at an auction being conducted today to recover a US$5 702 debt owed to a Harare resident, who sued them & claimed compensation for unlawful assault.
In a sale-in-execution notice seen by Zimbabwe Lawyers for Human Rights (ZLHR), L.M Auctioneers will conduct the sale of the property at L.M Auctioneers premises located in Prospect industrial area in Harare’s Waterfalls suburb on 21 April.
The property to be auctioned to recover a debt belonging to Harare resident Alex Tendai Gombedza includes a deep freezer, a Samsung television set & a set of sofas.
The ZPCS officers namely Michael Nduna & Florence Chihambakwe accrued the US$5 702 debt after they were sued in their personal capacity for damages amounting to US$5 702 by Gombedza.
This was after they severely assaulted & tortured him together with his friend Evidence Kutsawa after they accused them of passing through a prohibited area while they were walking through Chikurubi Prison garden in Harare in January 2022.
After the assault & torture, an aggrieved Gombedza engaged Tinashe Chinopfukutwa and Paida Saurombe of ZLHR, who in August 2022 sued Nduna & Chihambakwe for damages amounting to US$5 720 arising from the physical attack and ill-treatment for pain & suffering, humiliation, affront to dignity & embarrassment.
Gombedza also cited Justice, Legal & Parliamentary Affairs Minister Ziyambi Ziyambi and ZPCS Commissioner-General Moses Chihobvu among the respondents.
During trial at Harare Civil Magistrates Court, Chinopfukutwa & Saurombe said Nduna & Chihambakwe instructed Gombedza & Kutsawa to lie down on the ground before assaulting them on their feet using wooden pick handles.
After the assault, the ZPCS officers instructed some prisoners whom they were supervising to also assault the duo. As a result, Gombedza & Kutsawa sustained severe injuries & had to seek medical attention.
In the case of Gombedza, he sustained injuries on his legs & feet & he was admitted at Parirenyatwa Group of Hospital for treatment.
The Harare resident suffered excruciating pain on his feet, which he still feels to date.
According to a medical reports, Gombedza suffered 3 percent residual disability as a result of the injuries, which he sustained from the assault.
Chinopfukutwa & Saurombe argued that their client felt greatly humiliated, embarrassed, dehumanised & degraded with the assaults & ill- treatment that he received at the hands of the ZPCS officers.
The human rights lawyers stated that Nduna & Chihambakwe treated Gombedza as if he was a dangerous criminal yet he was unarmed & posed no security threat whatsoever.
Furthermore, Chinopfukutwa & Saurombe argued that there was no justification for the excessive use of
force against Gombedza as he had not committed any crime but was just going about his business walking on his way to Harare’s central business centre.
In the end, Nduna & Chihambakwe were ordered to pay compensation amounting to US$5 720 to Gombedza for damages for humiliation, embarrassment, affront to dignity & contumelia, pain & suffering & special damages for medical expenses which he incurred while being treated.
Zwnews
