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Police and army penalized for infringement of the right to protest
Zimbabwe Human Rights NGO Forum
July 16, 2012

The Zimbabwe Human Rights NGO Forum (the Forum) applauds the judgement handed down by High Court judge, Justice Chitakunye (HH 247-12) in the case of Mavis Dandira v The Minister of Home Affairs, The Commissioner General of Police & The Minister of Defence (HC11442/03), as an unequivocal affirmation by the courts that the citizens' right to peacefully protest is an epitome of the fundamental constitutional freedoms of assembly, association and expression.

Justice Chitakunye in the present case awarded delictual damages amounting to US$1 500 (One Thousand and Five Hundred United States Dollars Only) for pain and suffering and contumelia arising from the unlawful assault perpetrated by members of the Zimbabwe Republic Police (ZRP) and the Zimbabwe National Army (ZNA) on Ms Dandira who was part of a group of peaceful protesters demonstrating in Highfields suburb on the 2nd of June 2003. Ms Dandira brought a claim against the security forces with the assistance of the Forum on 24 January 2004.

In its evidence and pleadings before the court, the Civil Division of the Attorney General's office, which represented all the Defendants, admitted that, there was indeed a joint operation between the ZRP and the ZNA in quelling the demonstration on the day in question, but denied the fact that, Ms Dandira or any other protester had been assaulted by either the police or the army.

The Forum, adduced evidence to prove the fact of the assault perpetrated on Ms Dandira, including a medical affidavit and other documentary evidence, arguing that, Ms Dandira had indeed been manhandled and assaulted by the police and the army officers on the day in question. The Forum also contended that, as a result of the assault, Ms Dandira had suffered serious injuries and embarrassment. Consequently the Forum claimed US$3 200 (Three Thousand and Two Hundred United States Dollars Only) for Shock, pain and suffering; and US$1 000 (One Thousand United States Dollars Only) for contumelia.

In handing down his judgment the learned judge remarked that there was no evidence led by the Defendants that, either Ms Dandira or the other protesters were acting in any violent or disorderly manner, justifying the use of force by the police and army officers. Consequently, the learned judge found that "the Plaintiff [Ms Dandira] was clear in her evidence that she had not conducted herself in any way that justified the ZNA soldiers and the police officers to assault her", hence the assault on her was wrongful and unlawful.

The learned judge also held that, the soldiers and police officers had clearly proven that they were conducting an officially sanctioned operation, and were acting in the course and scope of their duties and employment. As a result, the Minister of Home Affairs and the Commissioner General of Police were vicariously liable for the actions of the police officers and the Minister of Defence, for that of the soldiers.

The Forum, welcomes this judgment, as it not only provides redress for Ms Dandira, but it is yet another admonition from the courts, for the police and the army to use coercive force sparingly, as a last resort in appropriate circumstances. It also reaffirms the citizen's right to exercise the fundamental constitutional freedoms of assembly, association and expression in legitimate and peaceful protest.

The judgment proves that the Police and the army are indeed the main perpetrators of Organized Violence and Torture (OVT) in Zimbabwe and vindicate what the Forum and other human rights organizations have consistently brought the attention of the responsible authorities which they have refused to acknowledge.

It is the Forum's hope that, in addition to the other judgements it has received, this judgement will compel the government to immediately adopt measures to ensure the prevention of OVT in Zimbabwe, such as the expeditious ratification and domestication of the International Convention Against Torture and other Cruel and Inhuman or Degrading Treatment (CAT) and Criminalise torture.

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