via CHIHURI HUMILIATED – Southern Eye 9 February 2014 by Richard Muponde
POLICE Commissioner General Augustine Chihuri was left with egg on his face on Friday after the Bulawayo High Court ordered him to comply with a directive to pay a former detective $64 000 in damages. Bazil Nyapokoto was hounded out of the force for testifying against fellow cops three years ago.
Justice Martin Makonese dismissed with costs an application by Chihuri to rescind an earlier decision by the same court to pay the damages after the police boss had filed an urgent chamber application seeking to shield one of his lieutenants, Superintendent Pilate Moyo who was facing contempt of court charges.
Moyo had defied an order by Justice Maphios Cheda in 2011 after he blocked the Deputy Sheriff from attaching his property to pay Nyapokoto the damages and an order for his incarceration was subsequently issued by the same judge.
Moyo had been sued by Nyapokoto for work-related victimisation.
However, on March 6 last year, Chihuri applied for a stay of execution of Justice Cheda’s order to incarcerate Moyo.
But Justice Makonese upheld Justice Cheda’s order forcing Chihuri to concede that the force would pay $64 000 in damages to the detective. Police agreed to pay the amount within two months, but when the period was about to lapse, Chihuri made a U -turn and instead filed an application for rescission of the judgment.
The application for rescission was done late and was accompanied by another application for condonation of late filing which Justice Makonese dismissed on Friday with costs.
Justice Makonese ordered the police to pay Nyapokoto, putting closure to a case which was pending before the court for the past three years.
Nyapokoto’s lawyer, Tanaka Muganyi yesterday confirmed the new development.
“The matter is over. The police have been ordered to pay the damages putting to rest the matter,” he said.
“The judge asked them what they were doing in court yet they had agreed to pay the damages and he ordered them to pay the amount.”
If the police fail to pay, Moyo would be at risk of being incarcerated.
Justice Cheda had ordered Moyo’s arrest and incarceration for blocking the deputy sheriff from attaching his property.
Justice Makonese also upheld Cheda’s order for Moyo to be incarcerated.
Nyapokoto kicked out from his official residence at Ross Camp after he testified against his workmates in an inquest into the death of two armed robbery suspects.
Chihuri got involved when he filed an urgent chamber application seeking a stay of execution of the order.
He argued that Nyapokoto and his lawyer; Muganyi should not have sued Moyo in his official capacity.
Chihuri’s deputy, Innocent Matibiri, had also said in his founding affidavit that they were seeking rescission of the order, although they were barred to tender their plea, as they had approached the court late due to administrative issues.
There was drama on March 6 last year outside Bulawayo High Court after Moyo was briefly arrested by the deputy sheriff when his case was being argued in the judge’s chambers.
Moyo heaved a sigh of relief 20 minutes later after Muganyi intervened and ordered his release as he was being whisked to prison.
COMMENTS
If it were the will of the people , the whole police force should be locked up. The current prison population are more clean than the police so they should be freed. Come my fellow Zimbabweans make some noise.
I know for an absolute fact that there are many deeply disgruntled Police Officers, people who, like you and me, desperately want law and order, fairness and justice but in the face of massive corruption and huge political interference are all forced to just remain silent in fear of saying or doing anything which might jeopardize their jobs and promotion resulting in the loss of income for them and their families.
Pol Pot never lasted forever. Neither did Hitler. The end is near for these terrible dictators that plague this continent.
Poor Chihure!
Now you are talking like a man . We’ll done
this is zanu bollo to make you think there is fabricated justice in the land of lying thieves
Yes, there are a few honest police officers… a very few… and life is difficult for them to maintain their integrity in the course of working with and for the crooked ones. Due to that current evil environment, most would prefer to do something else, but the economy offers few opportunities for honest men.
He will be very lucky if he gets even a dollar. Kembo Mohadi won 20000 dollars compansetion for unlawfully detention during the dissident era upto now he still hasnt been paid and he is not alone as there are several others who won against the govt and are awaiting payment
Wait for Chief Justice Godfrey Chiydausiku to put Justice Chenembiri Bhunu in charge of this case. So that a “correct” judgment can be achieved.
Stingray its “our values as us Africans”. Mohadi does not want to hear that story today. Instead he has turned against his fellow former Zapu comrades accusing them of various false crimes taking their cattle claiming that he is only taking venda cattle from Sothos and Ndebeles. True this man may have won but he will not be given that money.
This is the best encouraging news I have read this morning.Stand up Zimbabweans there is light at the end of the tunnel, if you remain forecast and refuse to be intimidated.Crooks and looters are generally weak once you break their lines of communications.
I do not hold out very much hope that the victim will receive any compensation. Chihuri’s very first action on becoming Commissioner was to flout a High Court Order to appear in person. The High Court Judge was very accommodating and and waited patiently until Chihuri was wheeled in on Saturday afternoon. Tommy Sithole, Editor of the Herald, watched the drama from the other side of the street, but forgot to mention it in his newspaper on Monday.
Bring back the BSAP, that was a better and more professional force.
CHIHULE