“Law enforcement agents, should pay for joyfully breaking the law and denying a citizen his liberty, causing him pain and suffering and public humiliation”
These words are part of a judgment in the case of Shawn Tshuma v The Minister of Home Affairs, Commissioner-General of Police, Officer Moyo, Ofiicer Chimhou and Officer Tendai (HC 4819/09) which was handed down by High Court Judge Mtshiya J.
Justice Mtshiya ordered the defendants to pay the sum of US$4 500 (Four Thousand and Five Hundred United States Dollars Only) as damages arising from the unlawful arrest, detention and assault of Mr. Tshuma by police officers Moyo, Chimhou and Tendai in Sunnidale 2, on the 26th of April 2009.
In a similiar case High court judge Patel J in the case of Cornelius Muskwe v Minister of Home Affairs, Commissioner General of Police, Officer Nkoma and Officer Charunda (HC 6114/11) ordered the police to pay damages amounting to USD 1 500 (One Thousand and Five Hundred United States Dollars Only) for unlawful arrest, detention and contumelia.
This was after the court found that, police officers Nkoma and Charunda arrested Mr. Muskwe a man aptly described the judge as a “an aged and unsophisticated subsistence farmer” and detained him at a police base in Murehwa and subjected him to perfunctory interrogation with no real intention to investigate the allegations against him.
In handing the judgment Justice Patel pointed out that, “by their own testimony, both defendants [the police] displayed a total lack of commitment and application to their investigative functions.”
See the complete judgments by clicking the links below:
