A man from Victoria Falls is suing TM Pick n Pay for US$30k after he was wrongfully arrested and prosecuted over theft charges.
Farai Chakawa, through his lawyer, Tinashe Chinopfukutwa of Zimbabwe Lawyers for Human Rights (ZLHR), filed summons at Harare Magistrates (Civil) Court against TM Pick n Pay Zimbabwe, Stanford Nyamukoroso, ZRP Commissioner-General Godwin Matanga and Home Affairs, Cultural & Heritage Minister Hon. Kazembe Kazembe, demanding compensation amounting to US$30 000 for causing his unlawful arrest, detention, malicious prosecution & humiliation.
“Out of a total of US$30 000 that Chakawa is demanding, US$10 000 will be damages for malicious prosecution, US$10 000 will be damages for unlawful arrest & detention while US$10 000 will be damages for humiliation, embarrassment & affront to dignity as a result of the unlawful arrest, detention & malicious prosecution,” ZLHR noted.
“Chinopfukutwa argued that at the time Nyamukoroso handcuffed Chakawa & instigated the criminal complaint against him, there was no probable cause that he had committed the offence of disorderly conduct as he was merely a customer seeking to purchase products from the retail outlet.”
ZLHR narrated that the incident occurred in April 2023, at a time when Chakawa had visited Harare.
He was arrested by an employee, Stanford Nyamukoroso, who accused him of theft.
“In April 2023, Farai Chakawa, a resident of Victoria Falls in Matabeleland North province, who was visiting Harare and who intended to buy some goods at TM Pick n Pay Joina City retail shop in the capital city, was arrested by a vindictive employee of the retail giant, who unsuccessfully tried to block him from purchasing some goods after telling him that he was not allowed inside the retail supermarket,” ZLHR noted.
“Chakawa queried why he was not being allowed in the retail outlet & Stanford Nyamukoroso, an employee of TM Pick n Pay Zimbabwe, told him that this was because he had arbitrarily decided to just do so. A cashier at the liquor store counter, located within TM Pick n Pay Zimbabwe Joina City retail shop, pleaded with Nyamukoroso to let Chakawa purchase what he wanted and he eventually bought a soft drink and his bottle of whisky.”
ZLHR said as Chakawa was leaving the counter, Nyamukoroso grabbed him by the waist while holding him by his belt and pulled him into a private room, where he handcuffed him and subsequently advised him that he was going to be detained in some Zimbabwe Republic Police (ZRP) cells that day because he had purchased goods in a TM Pick n Pay Zimbabwe retail outlet against his will.
“Nyamukoroso then took Chakawa to Harare Central Police Station, where he was charged with disorderly conduct and asked to pay a fine for disorderly conduct. Chakawa declined to pay the fine protesting that he had not committed any offence. He was then detained at Harare Central Police Station for two days before being taken to Harare Magistrates Court, where he stood trial on disorderly conduct,” ZLHR noted.
“But in May 2023, criminal proceedings brought against Chakawa were terminated after he was acquitted of charges of disorderly conduct. After the acquittal, Chakawa engaged Chinopfukutwa, who on Wednesday 10 January 2024, filed summons at Harare Magistrates (Civil) Court.”
