Zim police, home affairs minister sued for Z$5 billion (29-06-07)

From Sydney Saize

MUTARE – FORMER Manicaland area public prosecutor Levison Batorava Chikafu is suing Zimbabwe Home Affairs Minister Kembo Mohadi, police commissioner Augustine Chihuri and six other senior police officer for Z$5b in damages for unlawful detention.

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Chikafu, who rose prominence following his call for the arrest and prosecution of two senior government Ministers Didymus Mutasa and Patrick Chinamasa for alleged public violence, through his attorneys Henning Lock says he was detained illegally for 100 hours.
The former prosecutor who unsuccessfully tried to have state agent Patrick Mwale arrested for allegedly murdering two opposition MDC activists in Buhera in 2000 says the police officers involved acted within the course and scope of their employment as the servants of the state.
In a letter dated 27 June 2007, copied to Mohadi, Chihuri and six other police officers the lawyers say as a result of the “unlawful detention and arrest our client suffered damages in the sum of $5 billion.”
“It is our client’s intention to sue for the damage aforesaid and claim them with costs from you and the police officers aforesaid jointly and severally the one paying the others to be absolved,” the letter states.
The six others being sued include the investigating officer superintendent Phillip Ncube, assistant police commissioner Musarashahama Mabunda, Superintendent Joshua Dhliwayo, Detective sergeants Mushwete, Chivhuro and Maponga.
The lawyers in the letter say Chikafu was arrested on 17 April 2007 and taken to the Criminal Investigations Department, CID Rhodesville, Harare.
They say at the police station Chikafu accused of corruption was told he was wanted by police in Mutare and was allowed to travel on his own and surrendered himself to the police in the company of his lawyer Chris Ndlovu.
Chikafu was released as he was advised the police would proceed by way of summons, but arrested the same day at his home by detectives Mushwete, Chivhuro and Maponga.
“When our client advised Sup Ncube that our client was released on summons and that our client should not be arrested and detained on the same charges he was released on summons, Superintendent Ncube said he was acting on orders,” the letter reads.
The lawyers argue Chikafu having been released and let to travel on his own to Mutare and surrender himself was testimony he would not abscond.
“The arrest and subsequent detention of our client were wrongful and unlawful,” the letter reads in part.
Mohadi and Chihuri were unreachable to comment on the matter today-CAJ News.

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