had been placed yet interviews with most stakeholders in the areas that were monitored revealed that those who had put barricades on the road on 14 January 2019 did not even stay in the areas and most were unknown to the local residents. To conclude that every man who resided near where the barricades had been placed was involved in the placing of barricades and to proceed to conduct door to door searches and arrest men on this basis was a violation of the personal liberty of men who had not been involved in the incident, including boys below the age of 18 years. 9.4.2. In the case of STAMBOLIE V COMMISSIONER OF POLICE 1989 (3) ZLR 287 (S) it was held that the onus is upon the person making the arrest to prove that the arrest was lawfully justified. Further, it was held in the case of MUYAMBO V NGOMAIKARIRA AND OTHERS (HC 5195/09) [2011] ZWHHC 138 (07 JULY 2011) that; In order to establish the lawfulness of an arrest without a warrant, the onus lies upon the [arresting authority] to show probable cause or reasonable suspicion. In exercising the power of arrest, he must act as an ordinary honest man would act, on suspicions which have a reasonable basis, and not merely on wild suspicion. The arrestor must act on such circumstances as would ordinarily lead a reasonable man to form the suspicion that the arrestee has committed an offence. It is not the function of the police to arrest at large and to use the interrogatory process in order to determine whom to charge. The deprivation of personal liberty is an odious interference and constitutes a serious infraction of fundamental rights, attracting an exemplary assessment of reparation. 9.5. Impact of the protests on businesses and property 9.5.1. The protests negatively impacted on the ordinary citizen’s life as they became at risk of severe injury or worse. It also caused widespread damage to property due to acts of vandalism as well as theft by rioters. The lack of investor confidence was another negative effect on all sectors of the economy. Those whose property was broken into, looted Page 65 of 68

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