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Perpetrators of politically motivated violence faces civil imprisonment
Zimbabwe Human Rights NGO Forum
March 30, 2012

The High Court at Harare, on the 28th of March 2012, granted an order for the imprisonment of Garikayi Nyamakombo for 30 (days) renewable, until he pays the judgment debt of US$5 500 (Five Thousand and Five Hundred United States Dollars) owing to our client Mr. Caleb Marange, a victim of Organised Violence and Torture.

This was pursuant to an order granted by the High Court on the 17th of August 2011, ordering the Mr Gift Nyamakombo together with two others namely, Jealous Kundishora and Gift Mudzi to compensate Mr Marange for the damages he suffered arising from his assault in 2006. The trio, who are also members of ZANU (PF), assaulted Mr Marange, accusing him of supporting the MDC. Mr Marange with the assistance from the Forum brought up an action against the three in 2009 claiming damages for shock, pain and suffering and contumelia. Subsequent to the granting of the order for compensation by the High Court, the Forum on the 1st of November 2011, served a Writ of Execution against Property to the Deputy Sheriff, Marondera for him to attach the property of Defendants, in order to satisfy the judgment debt.

Upon serving the writ of execution on the defendants, it however emerged that, of the three defendants, only Garikai Nyamakombo had the means to settle the judgment debt but he was deliberately avoiding the execution of the judgement against him. Consequently the Forum approached the court for further recourse requesting for an order for civil imprisonment against Mr Nyamakombo in terms of the High Court Rules of Procedure. The Rules state that "if a judgment debtor has the means to pay or the ability to earn the amount due, and fails or refuses to pay the amount due willfully, the Court can grant an Order for the imprisonment of the judgment debtor for a period of three months or even longer if the court considers that there are special circumstances which justify such imprisonment." The imprisonment in this regard, is aimed at ensuring that, the defiant judgment debtor settles his debt.

The Forum in this regard, issued out Summons for Civil Imprisonment in terms of Order 41 of the High Court Rules, seeking the imprisonment of Garikayi Nyamakombo for an initial period of 30 (Thirty) days until he settles the judgment debt. Consequently, Garikayi Nyamakombo was due to appear before the High Court at Harare on the 28th of March 2012, to tell the court why he has not discharged his judgment debt and why an order for his imprisonment should not be granted.

On the appointed date, Garikayi Nyamakombo failed and/or neglected to attend the inquiry into his means at the High Court in Harare, despite being served personally with the Summons for Civil Imprisonment, which advised him of the date and venue of the inquiry. This resulted in the order being granted in default by the High Court.

The Forum notes with concern, the fact that, like Garikayi Nyamakombo, most of the perpetrators of politically motivated violence are in the habit of ignoring summonses issued by the Forum on behalf of its clients demanding damages for injuries sustained and property loss suffered as a result of acts of organised violence and torture (OVT). In this light, it is the Forum's hope that, the Order for Civil Imprisonment that has been granted against Garikayi Nyamakombo, will serve as an example to the community in Marondera and the rest of the nation, that our law is not just a toothless bull-dog. The Forum hopes that, this will reinforce the right to protection of the law as enunciated in section 18 of the Constitution of Zimbabwe and assist in eradicating the culture of impunity currently obtaining in Zimbabwe over cases of politically motivated violence.

The Forum strongly feels that, this is a positive move towards justice and redress for survivors of OVT and engendering accountability and equality before the law in the nation. As such, the Forum is committed to seeing the process through until Garikayi Nyamakombo and other perpetrators of politically motivated violence are brought to book.

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