A HARARE man has dragged Home Affairs minister Kazembe Kazembe, pictured, to court, demanding US$45 000 in damages incurred after he was allegedly wrongfully arrested in 2019.
In summons filed at the High Court, Phineas Nyambi cited Kazembe, Police Commissioner-General Godwin Matanga, as well as the CID Law and Order officer in charge, CID officer Detective Sergeant Maziti and Prosecutor General Kumbirai Hodzi as the respondents.
Nyambi is claiming that he was subjected to unwarranted arrest in August 2019 and taken to the CID offices in Harare where he was interrogated and detained for two days.
“On the 16th day of August 2019, the plaintiff was arrested by police officers, who were working within the scope of their employment…
“Following his arrest, he was taken to CID Law and Order, Harare at the Harare Central Police Station, where he was attended by fourth defendant (Maziti)
“The arrest was without warrant. It was arbitrary and without just cause. Consequent to the unlawful arrest, plaintiff was detained in police cells at Harare Central Police Station between 16 and 17 August 2019. The detention was needless, malicious and unlawful,” Nyambi’s lawsuit reads.
He is further accusing Maziti of intentionally interfering in his arraignment which had led to the magistrate denying his initial application for bail.
“Plaintiff was arraigned before a magistrate on August 17, 2019. Fourth defendant sought plaintiff’s remand in custody, resulting in the public prosecutor opposing plaintiff’s admission to bail.
“Plaintiff was denied bail and detained at Harare Remand Prison from August 17, 2019 to September 2, 2019, when he was eventually granted bail,” Nyambi further claimed.
He is now claiming that Kazembe and Matanga should pay him damages for wrongful arrest as the officers, who arrested and detained him were working within their scope of employment.
He also claims that he was wrongfully prosecuted as proven by the fact that the police dropped the charges against him earlier this year.
“On the 12th of April 2021, charges against plaintiff were withdrawn before plea following several starts to the trial.
“As a result of the said malicious and unlawful arrest and detention, the plaintiff suffered damages in the following; US$15 000 for unlawful arrest…US$15 000 for unlawful and wrongful detention and US$15 000 for wrongful and malicious prosecution…” Nyambi demanded.
Kazembe, Matanga, Maziti and Hodzi are yet to file their opposing papers to the lawsuit.
