By Staff Reporter
Shurugwi – Defence minister Oppah Muchinguri-Kashiri and Zimbabwe National Army (ZNA) commander Anselem Sanyatwe have been convicted of human rights abuses related to military brutality during Zimbabwe’s 2021 Covid-19 lockdown.
Four Shurugwi residents – Batler Jabangwe, Moreblessing Ncube, Grant Zinyuke, and Mavhuto Kachepa – sued the duo, seeking damages for torture endured during the lockdown.
The residents’ lawyers, Prisca Dube and Jabulani Mhlanga of Zimbabwe Lawyers for Human Rights (ZLHR), argued that the soldiers’ actions were unlawful and that Muchinguri-Kashiri and Sanyatwe were liable for their subordinates’ misconduct.
The court heard graphic descriptions of injuries sustained by the residents, including, lacerations, bruises, swelling, broken teeth and fractures.
“In the case of Zinyuke, he sustained some injuries which include swelling on the forehead, lacerations on the upper lip and nose, bruises on his back and losing some of his teeth and had to seek medical treatment,” argued their lawyers.
Dube and Mhlanga told Shurugwi Magistrate Patricia Gwetsayi, that Ncube sustained severe swelling on his face, forearms and bruises all over his back when he was assaulted by some soldiers on 1 August 2021, for allegedly being outside his residence buying airtime so he could get an update on the health status of his ailing mother.
“Jabangwe, an employee of Shurugwi City Council, was assaulted all over his body by soldiers, who saw him while coming from executing his duties of opening water taps at Makusha shopping centre and who accused him of wandering around.
“As a result of the assault by the soldiers, Jabangwe sustained injuries on the right side of his back and his left leg, which injury makes it difficult for him to wear closed shoes to date and remains severely traumatised by the incident,” asserted the lawyers.
Kachepa was assaulted by soldiers, whom he met when he was on his way home from a beer retail outlet, who confronted him and without any provocation or warning, used guns and broke his right leg in two spots.
“While he was lying on the ground, some soldiers assaulted him all over his body and he sustained two severe fractures on the right leg, swelling all over the body, lacerations on the arms and some bruises on his body,” the court heard.
Dube and Mhlanga argued that such conduct by soldiers against the Shurugwi residents, was cruel, inhuman and degrading treatment punishment, which left them traumatised, anxious and in shock.
The presiding magistrate ordered Muchinguri-Kashiri and Sanyatwe to pay a total of US$40,000 in compensation to four residents of Shurugwi.
Specifically, Zinyuke will receive US$10,000, Mavhuto will be awarded US$12,000, Jabangwe will get US$8,000, and Ncube will also receive US$8,000.
This compensation is for damages related to pain and suffering, trauma, nervous shock, and medical expenses incurred while seeking treatment.
