<\/p>\n
A Harare model who was dragged to court on false charges of deliberately infecting her lover\u2019s child with HIV has been awarded $45 000 damages by the High Court after a ruling that the arrest was illegal.<\/p>\n
Tafadzwa Mushunje was arrested three years ago after the false allegations by the child\u2019s mother.<\/p>\n
High Court judge Justice Edith Mushore awarded the damages against Home Affairs minister Obert Mpofu, Zimbabwe Republic Police commissioner-general Godwin Matanga and the prosecutor-general\u2019s office.<\/p>\n
The judge blasted the police officers for abusing their authority by \u201cbelieving that it is their right to be above the law\u201d while conducting unwarranted arrests.<\/p>\n
She said the abuse of power was making it difficult for the public to trust the police.<\/p>\n
Justice Mushore said the unwarranted arrest of civilians by police officers acting \u201cirrationally and excitedly\u201d was also causing great financial loss to government since victims of such arrests were being awarded damages \u201cat the expense of the public purse\u201d.<\/p>\n
\u201cAt this juncture, I need to pose a question: How can the public trust a police force which uses its uniform to victimise innocent civilians at the expense of the public purse that is used to pay out awards of compensation to wronged individuals?<\/p>\n
\u201cThis is abuse of power by police officers who believe that it is their right to be above the law,\u201d she said in her ruling.<\/p>\n
The judge also castigated the prosecutor-general\u2019s office for failing to properly consider cases warranting prosecution.<\/p>\n
She said in Mushunje\u2019s case, the National Prosecuting Authority \u201cwere derelict in the performance of that duty\u201d.<\/p>\n
The judge said the police only acted on a report by the child\u2019s mother Tracy Sihle Harry without carrying out their own investigations.<\/p>\n
\u201cThe police arrested (Mushunje) on the basis of a mere report,\u201d Justice Mushore said.<\/p>\n
\u201cThey should have appreciated that it was necessary to examine the toddler and obtain an HIV test before they acted irrationally and excitedly by proceeding to arrest the plaintiff.<\/p>\n
\u201cOddly, the police ignored the plaintiff\u2019s report about the defamatory publication on social media.<\/p>\n
\u201cThey also inexplicably allowed the first defendant to assault the plaintiff in their presence. The police displayed animosity and vindictiveness against the plaintiff.\u201d<\/p>\n
The judge said she was impressed by Mushunje\u2019s testimony and by her composure while she was giving evidence in support of her claim.<\/p>\n
She ruled that $20 000 was for Mushunje\u2019s wrongful arrest and $25 000 to be paid by the prosecutor-general\u2019s office for malicious prosecution.<\/p>\n
Police and the prosecutor-general\u2019s office will also pay interest and costs of the lawsuit.<\/p>\n
@ www.musvozimbabwenews.com<\/p>\n
Source : The Standard<\/p>\n
“Zvakaoma .Dii fellow Zimbabweans mamboonawo pakanyorwa kuti Viomak sued for $45 000 ere by Tafadzwa Mushunje as said and published by mbavha dziya Zimeye Simbarashe Chikanza naBetty Makoni . Zvimadisciples zvasatan kupererwa chaiko kuti zvondirwadzisa sei for kuzvifumura umbavha zvakunyepa zviri pachena. Zvinoti mazidzoro zvivatumwa zvasatan nxaa.Kuita as if I did anything wrong by kufumura umbavha hwazvo.Chibvunzai ikoko mese mairidzira mazipenzi aya mhururu.Kunyadzisa kwazvo. Muchamuziya mushe Simbarasatan Chikanza nechimai ichochi chekwaMakoni kekekekekekeke seka hako wasu .”<\/p>\n","protected":false},"excerpt":{"rendered":"
A Harare model who was dragged to court on false charges of deliberately infecting her lover\u2019s child with HIV has been awarded $45 000 damages by the High Court after a ruling that the arrest was illegal. Tafadzwa Mushunje was arrested three years ago after the false allegations by the child\u2019s mother. High Court […]<\/p>\n","protected":false},"author":1,"featured_media":14068,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[286],"tags":[484],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"https:\/\/i0.wp.com\/musvozimbabwenews.com\/wp-content\/uploads\/2018\/08\/IMG-20180820-WA0009.jpg?fit=1039%2C1599&ssl=1","_links":{"self":[{"href":"https:\/\/musvozimbabwenews.com\/index.php?rest_route=\/wp\/v2\/posts\/14067"}],"collection":[{"href":"https:\/\/musvozimbabwenews.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/musvozimbabwenews.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/musvozimbabwenews.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/musvozimbabwenews.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=14067"}],"version-history":[{"count":1,"href":"https:\/\/musvozimbabwenews.com\/index.php?rest_route=\/wp\/v2\/posts\/14067\/revisions"}],"predecessor-version":[{"id":14069,"href":"https:\/\/musvozimbabwenews.com\/index.php?rest_route=\/wp\/v2\/posts\/14067\/revisions\/14069"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/musvozimbabwenews.com\/index.php?rest_route=\/wp\/v2\/media\/14068"}],"wp:attachment":[{"href":"https:\/\/musvozimbabwenews.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=14067"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/musvozimbabwenews.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=14067"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/musvozimbabwenews.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=14067"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}