via Sekeramayi ordered to pay $2,000 for assault – New Zimbabwe 05/11/2015
THE High Court has ordered defence minister, Sydney Sekeramayi, to pay a Harare-based political activist $2,000 for injuries sustained after he was heavily assaulted by soldiers in 2003.
This follows a recent application for restitution filed before Justice Lavender Makoni by one Jonathan Mushawa who said he was assaulted on the midnight of 31 March 2003 by soldiers who broke into his house.
Mushawa said he was ordered to lie on the ground before the soldiers took turns to assault him with sticks, baton charges, sjamboks and booted feet.
During the assault, they were accusing him of being a member of an opposition party which was not identified in court.
However, Justice Makoni made his ruling in default after Sekeramayi, in capacity as the defence minister, failed to appear in court or oppose the matter.
Mushawa was represented by the Zimbabwe Human Rights NGO Forum.
He told the judge that he suffered excruciating pain after he sustained bruises on the back and buttocks, and a swelling above the left elbow.
The assault also caused him great embarrassment as he was beaten in full view of his family and neighbours.
“I was asleep when at around midnight I was awoken by some noise from outside,” he said.
“The members of ZNA then broke the door and entered my house. I was ordered to lie prone on the ground and they took turns to assault me all over the body with sticks.
“As a result, I was seriously injured and suffered excruciating pain. This also caused me great embarrassment as I was assaulted in full view of my children, family and neighbours.”
In his judgment, Justice Mushawa ruled that; “In the result, I make the following order.
The defendant shall pay the plaintiff the sum of; $1,500 for pain and suffering and $500 for contumelia.”
Conteumelia refers to lack of politeness or failure to show regard for others.
Sekeramayi was also ordered to pay the costs of the law suit.