The Sunday Mail
Sunday Mail Reporters
Police allegedly shot and seriously injured a Kadoma mine manager when they fired at him and his colleagues without warning and under unclear circumstances, it has emerged.
The victim, Mr Norbert Mangena, sustained abdominal injuries, when a bullet hit his back, exiting through the front.
He is now suing police for US$513 750 for “unlawful arrest, pain and suffering, loss of amenities and medical and transport expenses incurred”.
He alleges that police abused their power and privilege as they wanted to kill him.
Papers filed at the High Court in April 2015 show that Mr Mangena and three of his colleagues enjoyed an outing in Kadoma’s Central Business District on the night of March 23, 2014.
Later, they drove to Rimuka suburb to drop one of their companions at home.
As the vehicle pulled back onto the road, Mr Mangena, the papers say, saw five men — two of them in police uniform —on the roadside.
Suddenly, several gunshots were fired in the vehicle’s direction, prompting the driver to switch to top gear.
Mr Mangena was shot in the lower abdomen and left arm and rushed to Kadoma Central Hospital where doctors demanded a police report in order to treat him.
At the police station, Mr Mangena and colleagues had to seek intervention from a senior cop after failing to secure the report from the junior officers on duty.
The documents read, in part: “. . .due to the seriousness of the injuries, he was referred to Parirenyatwa (Group of Hospitals) for immediate attention and surgery. When he arrived in Harare, he was further attended to, but at 0900hrs, two police officers arrived, saying they had instruction to arrest him.
“Despite his desperate medical condition, he was chained to the hospital bed and kept under armed police guard. . . Fortunately, the operation was a success, (but the plaintiff was) unaware of the charges he was facing. On 4 April (2014), Detective-Sergeant Chidzenga and Det-Sgt Chikorondo came to the hospital where they formally informed the plaintiff that he was facing charges of assaulting with bottles one Sgt Eric Salim, a police officer who is stationed at Chakari Police Station.”
The papers continue,”It was also alleged that the plaintiff had stolen Sgt Salim’s pistol that had four rounds (of ammunition). A warned and cautioned statement was recorded where the plaintiff denied the charges, stating that he was not even in Chakari on that date, and that the police were fabricating the charges so as to cover up the unlawful shooting.
“Prior to this, the plaintiff’s legal practitioners had formally complained of the shooting and the manner in which the plaintiff had been treated by the police with the Complaints Desk at Police General Headquarters. The attitude of the police was that the plaintiff was a suspect, implying therefore that the shooting and treatment was justified.”
In its defence, the ZRP argues that Mr Mangena’s case falls away as “the Police Act states that civil proceedings must be brought within eight months of the commission but summons were issued 11 months after the incident”.
“Section 70 of the Police Act (Chapter 9:10) clearly states that all civil proceedings instituted against the State or member in respect of all claims arising out of an act or omission by a member such as the defendants should be brought within eight months of the omission or commission,” reads the defence.
“The cause of action arose on the 23rd of March 2014. Summons were issued on the 5th of March 2015, 11 months after the cause of action had arisen. The plaintiff’s claims have thus prescribed as they were instituted out of prescribed time.
“Wherefore, the defendants pray that the plaintiff’s claims be dismissed with costs.”
Yesterday, Mr Mangena’s lawyer, Mr Tazorora Musarurwa of Mambosasa Legal Practitioners, told The Sunday Mail: “They were supposed to be humane and at least assist with medical bills, for example, or apologise to Mangena.
“Instead, they brought up fabricated charges. The charges do not have merit as it is now more than a year and the person is still to appear before the courts.”
National police spokesperson Senior Assistant Commissioner Charity Charamba could not be reached for comment yesterday afternoon as her cellphone went unanswered.
The High Court is still to rule on the matter.
