Torture cases
The majority of the cases from 1998 involved instances of torture by either the Zimbabwe Republic
Police or the Zimbabwe National Army. In general, the courts have found in favour of the plaintiffs
and awarded damages according to Zimbabwean precedent. However, as the Human Rights Forum
commented in 2000, there was concern about seeing damages for the deliberate infliction of harm
by State officials being awarded on the same scale as ordinary civil damages. The Human Rights
Forum argued at the time that exemplary damages should always be awarded for cases of torture
in order that the point be made strongly to the State that its officials, and especially the police and
army, owe an exemplary duty of care to the citizens that they are obliged to serve.
Ngonidzashe Mapuranga
Members of the Zimbabwe Republic Police assaulted the plaintiff on 23 January 1998. He was
coming from Chitungwiza Magistrates’ Court where his sister’s case was being heard. He was a
security guard and had spent the previous night on duty. On his way home he met police officers
who asked him about people who were looting shops. They accused him of being part of the group
and assaulted him under his feet with batons. He was forced into the police truck. On the way to
the police station he was forced to carry a blanket. Upon arrival at the police station, the plaintiff
was beaten again under his feet and forced to admit that he had stolen the blanket. He denied this
and was taken to court where he was acquitted.
As a result of the beating the plaintiff sustained severe blisters under his feet. A physiotherapist
saw him six months later. The physiotherapist was called to give evidence. She indicated that the
plaintiff’s feet had been badly damaged. He was now permanently disabled as he could not walk
long distances and stand for long periods. The plaintiff would therefore need cushioning for all
his shoes. He would also need ultrasound treatment to resolve adhesions between tissue strata
and for chronic inflammation in the soles of the feet. Judgment was entered for the plaintiff in the
sum of Z$55,000, together with interest and costs. The judge indicated that this was a case where
exemplary damages could have been called for because the assault was carried out in order to get
a confession from the plaintiff.
Ratidzai Madzimure
This case was concluded at the pre-trial conference. The plaintiff was awarded Z$30,000, plus
interest and costs. Members of the army who were purportedly investigating incidents of looting
approached her while she was in her house; she lived in Chitungwiza. She was dragged from her
house and beaten with whips and hosepipes. The plaintiff was an epileptic patient. She sustained
injuries on her thighs. At the pre-trial conference the judge noted that the plaintiff now had weals
on her thighs as a result of the assault and that the plaintiff had been assaulted in full view of other
people. He recommended a settlement in the region of Z$30,000.
Dorothy Julius
She lived in Mabvuku and was a TB patient at that time. She was sitting outside her house. Two
police officers, a man and a woman, and three soldiers came to her house and asked the plaintiff
about the location of certain looted goods. They got inside the house and ransacked it. They found
nothing and asked the plaintiff to lie down. The policewoman started assaulting the plaintiff with
a whip on her buttocks, back and arms. They also kicked her with booted feet. They asked the
plaintiff to accompany them to the local police station. They forced the plaintiff to carry two wine
bottles full of water. The plaintiff was told to go back home before they got to the police station. She
was awarded Z$15,000 together with interest and costs. The police have paid the damages.
Anesu Mafunga
The defendants were ordered to pay Z$10,000 to the plaintiff as general damages. He lived in
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