Mliswa sues Chihuri for unlawful detention
By Tendai Kamhungira
HARARE – Businessman, farmer and former Zimbabwe men’s national football team fitness trainer, Temba Mliswa, and five others have demanded nearly $500 000 compensation from the police commissioner general Augustine Chihuri for unlawful detention and malicious prosecution.
The group says failure to do so will result in them approaching the High Court for the recovery of damages as lawsuits against police for illegal arrests mount. Human rights organisations have also been besieging the courts demanding compensation from police for unlawful detentions of dozens of human rights defenders.
Martin Mutasa, the son of minister of State for Presidential Affairs Didymus Mutasa, Hammarskjold Banda, Brendaly Banda, Alfred Mwatiwamba and George Marere together with Mliswa instructed their lawyer Charles Chinyama to also sue detective sergeants Nyasha and Mkhandla.
In the letter, the six have also highlighted their intention to sue detective chief superintendent Magwenzi, Inspector Samuel Mazvokweni, detective constable Dzvova, superintendent Muchengwa, assistant inspector Mudakuchekwa, inspector Muzanago, detective inspector Masendu, who are all stationed at CID Homicide in Harare.
The six also wrote of their intention to sue the policemen from CID homicide in their personal capacities. They accuse the detectives of acting at all material times within the scope of their employment and say Chihuri was liable for their actions. In a letter served to ZRP legal services and the Attorney General’s office last week, the six are demanding $20 000 each for unlawful arrest.
The letter further carries instructions to demand $30 000 from the police in respect of Mliswa and $10 000 each in respect of the other five for unlawful detention.
“We are lastly instructed to demand from you the sum of $50 000 in respect to each one of our client for malicious prosecution in a matter that was so abundantly clear that there was no reasonable suspicion whatsoever for the police to act in a manner they did,” read part of the letter.
“Unless the various amounts stated above are received by us within the next seven days, we shall be left with no option but to institute an action in the High Court for the recovery of the said damages, costs of which shall be borne by your subordinates and yourselves jointly and several with one paying the other to be absolved.”
The developments come hard on the heels of the acquittal of the six in a case in which they were accused of seizing shareholding in Noshio Motors. The six were being charged of misrepresenting facts to the effect that Mliswa had acquired over $1 million shares of Noshio Motors.
They were also accused of threatening Paul Westwood, one of the directors of Noshio Motors, with unspecified action if he was not going to leave the company. Westwood co-owned the company which was involved in vehicle servicing, selling and manufacturing of bull bars and roll bars with Banda.
The court heard that Banda had transferred 50 percent of his shares into Mliswa’s name after he had failed to settle a debt that he owed him. The six were acquitted by magistrate Never Katiyo on June 22 this year. Daily News