High Court Judge Justice Jacob Manzunzu on 23 September 2021 ordered
Hon. Kazembe and Matanga to pay Musiyamhanje US$12 000 as damages for
unlawful arrest, unlawful detention, malicious prosecution, pain and
suffering and loss of income after the opposition MDC party supporter
was apprehended and charged together with 28 other Harare residents
with murdering Inspector Petros Mutedza, as defined in Section 47 of
the Criminal Law (Codification and Reform) Act and in the alternative
with public violence as defined in section 36 of the Criminal Law
(Codification and Reform) Act.
However, Musiyamhanje was found not guilty by Justice Chinembiri Bhunu
in 2013 and was acquitted at the close of the prosecution case.
This prompted Musiyamhanje, who was represented by Jeremiah Bamu and
Fiona Iliff of Zimbabwe Lawyers for Human Rights and Rutendo Muchenje
of Mbidzo, Muchadehama and Makoni Legal Practitioners, to sue Hon.
Kazembe and Matanga for damages after she spent 11 months in prison in
2011 on charges of murdering Inspector Mutedza.
In summons filed at the High Court, Musiyamhanje argued that upon
arrest, she was detained in cruel and inhuman conditions and was
assaulted by police officers who did not bother to verify her alibi.
She also argued that she had lost income as a result of the arrest and
lengthy detention at Chikurubi Female Prison.
On 23 September 2021, Justice Manzunzu ordered Hon. Kazembe and
Matanga to pay Musiyamhanje US$12 000 payable at the prevailing
official Reserve Bank of Zimbabwe exchange rate in full as
compensation for the violation of her fundamental rights enshrined in