A Bulawayo police officer, along with his Officer in Charge, Police Commissioner-General Godwin Matanga, and Home Affairs Minister Kazembe Kazembe, were recently ordered by the courts to pay a man US$10 000 in compensation for the emotional distress he suffered after being unlawfully arrested and detained for two nights over a contractual dispute.
The complainant, Joseph Tambu, a director of Prod Software Enterprises, was arrested on June 17, 2021, by Officer Shingirai Givemore Mayimbo after voluntarily appearing at Bulawayo Central Police Station to answer questions about a camera he hadn’t delivered to Gwanda State University.
Mayimbo, the investigating officer, found Tambu’s explanation unconvincing and arrested him despite his voluntary cooperation.
Tambu spent two nights in jail and, upon release, sought legal counsel from Prisca Dube of Zimbabwe Lawyers for Human Rights (ZLHR).
Dube filed a summons at Bulawayo Magistrates Court seeking US$10 000 in damages for violating Tambu’s fundamental rights.
“Tambu had been summoned to answer questions related to a contract between his company, Prod Software Enterprises, and Gwanda State University, represented by Procurement Officer Sifundo Ntini,” ZLHR said in a statement. “Tambu provided a detailed explanation for the delayed delivery of the camera, but Officer Mayimbo disregarded it and detained him.”
ZLHR further stated that Mayimbo refused to release Tambu unless the camera was delivered to the university. Finally, after two nights in custody, Tambu was released without further charges or court appearances.
Dissatisfied with his ordeal, Tambu engaged ZLHR’s Dube, who filed a lawsuit seeking US$10,000 in compensation for violating his fundamental rights. Dube argued that the arrest and detention caused Tambu significant emotional distress, disrupted his business, and damaged his reputation as an entrepreneur.
The Magistrate Court in Bulawayo ruled in Tambu’s favour, ordering Mayimbo, the Officer in Charge, Police Commissioner-General Matanga, and Home Affairs Minister Kazembe to jointly pay US$10 000 in damages for wrongful arrest, unlawful detention, and resulting pain and suffering.
Notably, the Magistrate acknowledged the increased health risk Tambu faced during detention due to the COVID-19 pandemic.
