Grieving mother awarded US$42 000 as judge slams reckless police actions

HARARE – The High Court has ordered the Commissioner General of Police and the Minister of Home Affairs to jointly compensate a Harare woman, Patricia Dengezi, in the sum of US$42,000 following a motor vehicle accident caused by police actions in April 2017 that led to the tragic death of her infant son, Lesley Chitanda.

Justice Regis Dembure, delivering judgment in the civil trial, found that police officers acted negligently and unlawfully when they threw spikes and smashed the windscreen of a commuter omnibus during peak-hour traffic in central Harare.

The incident, which occurred on Chinhoyi Street, resulted in injuries to Dengezi and sparked the damages claim filed in 2018.

The judge ruled that the police officers’ conduct amounted to recklessness and gross negligence, as they disregarded the foreseeable harm to commuters and the public.

He stressed that the use of spikes and violent methods of policing in crowded urban areas was neither lawful nor justifiable, noting that officers are only permitted to use reasonable and proportionate force in enforcing the law.

Evidence presented by the plaintiff, supported by eyewitness testimony, established that the actions of the police endangered lives.

The defence failed to produce credible evidence to rebut the claims, with officials conceding under cross-examination that the deployment of spikes at such a time and place would cause chaos.

“I’m also satisfied that the plaintiff proved that the police officers’ conduct was unlawful and wrongful,” the judge ruled.

“The police, when effecting an arrest, are permitted to use reasonable, justifiable and proportionate force (or minimum force) to overcome resistance upon arrest or fleeing suspects.

“See s 42 of the Criminal Procedure and Evidence Act [Chapter 9:07]. It was not shown before me that what the three police officers did in the circumstances was lawful or justifiable at all.

“The violent smashing of windscreens or private property of any suspects in the name of policing cannot constitute lawful enforcement of traffic laws.

“Worse in this case, where the commuter omnibuses in question were picking up passengers. That would further endanger the lives of innocent civilians.”

On damages, the parties agreed on the figure of US$42,000, which the court endorsed. The Commissioner General of Police and the Minister of Home Affairs were ordered to pay the sum with interest, as well as the costs of the lawsuit, jointly and severally.

In a caution to legal practitioners, the judge also criticised the use of “insolent and invective language” in court submissions, warning that inappropriate language undermines the administration of justice and may attract punitive cost orders.

“I must state, however, that parties or their legal practitioners must desist from the use of “insolent and invective language” in pleadings, written or oral submissions before the court.

“They must always defend their positions using appropriate language and treat the other party and the court with respect.

“Inappropriate language brings the administration of justice into disrepute and may also create the basis for a punitive order of costs de bonis propriis,” Justice Dembure stated.

The case, filed in April 2018, was delayed for several years after being referred to the Constitutional Court for a ruling on the prescription period under the Police Act. That referral was dismissed in November 2023, clearing the way for the trial to proceed.