Recently the High Court awarded substantial damages to the widow of a man shot dead by the
army. The soldiers had been deployed to deal with strike action at ZISCOSTEEL. The soldiers
opened fire on the strikers, killing two strikers and injuring 20 others. The judge said:
The court is more than satisfied that the joint operation of the defendants at
ZISCOSTEEL was an unwarranted and excessive use of force, which cost the
deceased life and deprived the plaintiff of support from the deceased.49
However, in the case of Munengami v Minister of Defence50 the court found that the assaults
committed by the soldiers had had nothing to do with the business of the army or the Ministry of
Defence. It could not be said that they were involved in defending the nation or assisting the
police in maintaining law and order. What they did was not calculated to advance their
employer’s interests but purely to further their own nefarious designs.
49
Zimonline 26 October 2006
50
HH-45-2006
Who guards the guards? Violations by the Zimbabwe Republic Police, 2000 to 2006
Select target paragraph3
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