Source: Group assesses Nera demo’s damages – DailyNews Live
Tendai Kamhungira 2 October 2017
HARARE – Citizens Against Violence and Anarchy Trust (Cavaat) has
approached the High Court seeking the appointment of a commissioner to
determine the damages caused by last year’s demonstration organised by the
National Electoral Reform Agenda (Nera).
This comes after Cavaat early this year won an application for the
affected parties to launch a class action against Nera.
The organisation’s trustee Elton Paul Ziki is seeking an appointment of a
commissioner – within 60 days of the court order – who will assess
individual claims made by the applicants.
“This is an application in terms of Section 9 of the Class Action Act
(Chapter 8:17) which allows the court to appoint a commissioner at any
stage in a class action to assess and collate evidence.
“The applicant’s claim is based on the damages suffered as a result of
violence which took place during a demonstration held by the respondent
(Nera) on August 26, 2016. The demonstration was held in the central
business district of Harare.
“During the course of the demonstration, there was an outbreak of violence
to the loss and/or damage of individual properties and businesses,” Ziki
said.
Cavaat filed a $1 million lawsuit against Nera in June this year, which
has not been responded to.
“Having failed to do so, the members of the class are, therefore, entitled
to a default judgment.
“Notwithstanding that the applicant is entitled to default judgment, it is
appropriate to have the damages proved and assessed. At the time of filing
this application, the number of claims filed was 78 and more claims were
still forthcoming,” Ziki said.
He further said the commissioner will assess the damage and then give the
court a detailed report with the quantum of damages, as individuals
suffered different losses and damages.
“Some individuals lost their property and businesses completely through
looting, burning and vandalism leaving them with no option but to shut
down their businesses,” the court heard.
Ziki told the court that a suitable person to be appointed to assess the
damages must be an auditor registered with Public Accountants and Auditors
Board.
In the main application, Cavaat told the court that in as far as Nera has
a right to demonstrate, it should put measures in place to ensure that the
protests are done peacefully.
“Notwithstanding this, there was violence during the demonstration. Some
of the protestors also participated in the violence.
“Ultimately there was public disorder and a breach of peace which resulted
in loss and/or damage of property of individuals who did not even
participate in the demonstrations,” Ziki said.
His organisation said that the protestors were seen throwing stones,
looting, vandalising and burning property, but accused the convenors of
failing to take any action to normalise the situation.
“It is only fair, reasonable, necessary and justifiable that the
respondent be held liable for the loss or damage of property suffered by
ordinary citizens,” Ziki said.
COMMENTS