The $1 billion in damages awarded to Ndabezinhle Mazibuko is hardly enough to buy anything, but largely symbolic.
Last week, the deputy Chief Justice Luke Malaba hit out at fellow judges for not taking their job seriously and using their work time to pursue private projects.
Unnecessary postponement of the hearing of cases consume the time of the lawyers and court staff. A poorly run judicial system will in time undermine public confidence in the entire system of government, Justice Malaba said.
He added: It becomes a matter of public interest if a judicial officer fails to exercise the judicial function when he or she is expected to do so.
Courts are instruments for the benefit of people and the quality of justice is a function of cost, time and effort of men and women, who serve in the system.
Mazibuko represented by Shepherd Chamunorwa, of Calderwood, Bryce and Hendrie Legal Practitioners sued the police and the Home Affairs minister for damages, claiming he had been assaulted by police, and his dignity undermined.
On February 14, 2003, there was a public demonstration in Bulawayo and several people had been arrested for participating in the protests.
Mazibuko, joined by several other lawyers, went to Bulawayo Central Police Station to take instructions from his clients who had been arrested. The lawyers were denied access, and all defiantly refused to leave the police station without being allowed to see the protesters.
A senior police officer at the station, Chief Inspector Donald Sithole, is said to have ordered that the lawyers be removed from the police station. His orders were carried out resulting in Mazibuko being physically manhandled.
There is a dispute with regards the manner of the Mazibuko's removal from the police station. From credible evidence, which was deduced before this court, Mazibuko's feelings of dignity and self-respect have been intentionally impaired by the conduct of Chief Insp Sithole, said Justice Nicholas Ndou in a judgment made available this week.
He was violently driven out of the police station to the street. This was done within full view of his clients, other arrestees, police officers and other onlookers. There was no need for Chief Insp Sithole to act in this fashion and this is proper case for an award of exemplary damages."
Mazibuko had established that he is a man of high esteem in society, the judge said.
Chief Inspector Donald Sithole, Police Commissioner Augustine Chihuri and the Minister of Home Affairs are to pay the costs at the scale of legal practitioner to client. They are also to pay interest on the amount of damages awarded at the prescribed rate from February 14, 2003, to the date of full payment, the judge ruled.