The Verdicts from the Courts
In its first detailed follow-up of the Food Riots cases in 2000, the Human Rights Forum reported on
32 of the 42 cases that had come to them. Awards had been made in 13 (40%) of the cases described
in Table 12, which seemed strong vindication for the views of the Forum that the principle of
minimum force had been exceeded.20
Table 12: Results of cases reported to the Human Rights Forum
Awaiting trial
or pre-trial
conference
Awaiting
judgment
Dismissed
Award
Agency
renounced
Left
country
Died
7
1
2
13
4
2
3
There had been a number of judgements in those completed cases, and these were briefly outlined
in the Forum’s 2000 report. These findings and the verdicts from a number of the court cases are
briefly summarised.
Shootings cases
Despite the prima facie evidence that people were shot by the police or army, in the main, there had
initially been some concern as to whether these cases would stand up in court. However, the courts
generally took a very sympathetic view of the cases, and there were several in which important
precedents were set in respect of the principle of minimum force, or about the nature of exemplary
damages for cases of gross human rights violations.
Simbarashe Ruka
He was outside his house when a bullet hit him on the forehead. The bullet did not enter his
forehead and there was no injury to the bone. The doctor indicated that the injuries were not
serious and the amount of force used to inflict the injuries was moderate. The ballistics report by
Superintendent Charles Hailey indicated that the bullet was fired from a 9 mm pistol and had rifling
characteristics common to CZ/PI/Browning pistols. The report concluded that from the description
of the plaintiff’s injuries and the appearance of the bullet it was most likely that the bullet was
almost completely spent before striking and it was probably fired from over a kilometre away. The
matter was set down for trial for the week beginning 9 October 2000. The parties were called to the
judge’s chambers where the matter was settled. Judgment was entered for the plaintiff in the sum
of Z$12,000.
Fabian Muradzikwa
The plaintiff was coming from work when the police shot him in the right shoulder on 19 January
1998. He had left his workplace in the company of two workmates. The commuter omnibus dropped
them off before entering Mabvuku as rioters blocked the road. They walked towards Tafara where
the plaintiff lived. They passed through a park in an effort to avoid the shopping centre. There was
gunfire coming from the direction of the shopping centre. When he was struck by the bullet, the
plaintiff lost consciousness and fell to the ground. He was taken to the clinic where he was bandaged
and placed on a drip. He was later taken to Parirenyatwa Hospital together with Janet Jonasi who had
also been shot. He was hospitalised for one and half days but the bullet was not removed because he
had bled excessively. The evidence led by the plaintiff showed that he was in extreme pain for many
days. He could sleep only on one side and he could not go to work for three weeks.
20
Further details of the remaining cases are provided in Appendix A.
14
Select target paragraph3
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