Seven Mt Darwin Zanu PF activists, who terrorised opposition supporters in the run-up to the 2008 presidential election run-off, have been ordered to pay $3 500 compensation to an MDC-T activist after they were sued for damages.
BY CHARLES LAITON
Harare High Court judge Justice Mary Zimba-Dube granted Albert Danga a default judgment on June 3, against Weston Zvomarima, Moven Zvomarima, Tafirenyika Jongwe, Samson Gweshe, Chrispen Nhepera, Olis Mupfumbati and Anthony Jongwe.
The seven men, cited as respondents in the matter, were not represented while Danga was represented by lawyers from the Zimbabwe Human Rights NGO Forum.
According to Danga, the incident leading to his assault and embarrassment occurred on May 16, 2008 at Jongwe Village in Mt Darwin.
Danga told the court that on the day in question, he was coming from his garden when he met the seven who were in the company of their colleagues in a large group.
He said the Zanu PF activists forced him to go with them to the shopping centre where he was accused of being a traitor by virtue of supporting the MDC-T.
Danga was assaulted all over his body with logs, after which he was taken to Bveke Police Station and left there without any charges being preferred against him.
As a result of the assault, Danga sustained numerous injuries all over the body including a broken wrist and three broken fingers.
“This claim has been raised to recompense the injury, hurt, insult and indignity inflicted upon the plaintiff by the defendants’ unlawful conduct,” Danga’s lawyers said.
“In the present case it is axiomatic that there was both injuria and contumelia attendant on the unlawful conduct of the defendants. The plaintiff suffered noteworthy impairment to his dignity and reputation as he was assaulted in the presence of the public.”
The lawyers submitted that the conduct exhibited by the Zanu PF activists inevitably required to be censured by the court hence Danga’s claim for $3 500 for shock, pain and suffering and contumelia was justified.