THE Zimbabwe National Army (ZNA) has been forced to compensate victims of egregious brutality perpetrated by some soldiers during the 2019 anti-fuel price hike riots.
In January 2019, Zimbabweans took to the streets to protest against steep fuel price increases along with increasing levels of poverty, the poor state of the economy, and declining standards of living.
The government responded by deploying the army to put down the protests.
At least 12 civilians were killed by security forces.
Two Harare residents Felix Mafondokoto and Muchademba Muponde brutally attacked and shot during the protests later sued then ZNA Commander Lieutenant General Anselem Nhamo Sanyatwe and Defence minister Oppah Muchinguri for damages seeking compensation.
While Mafondokoto was not participating in the protests, he ended up being admitted in hospital after sustaining injuries from being shot at by a soldiers.
The Chitungwiza resident, who suffered severe injuries from the shooting and still has some bullet fragments in his body, engaged Kossam Ncube of Zimbabwe Lawyers for Human Rights (ZLHR), who assisted him to sue and demanded to be paid US$49 000 in damages for the violation of his fundamental rights.
In the summons filed at the Harare civil magistrates court, Mafondokoto asked the court to order the ZNA and Muchinguri to compensate him for pain and suffering which he endured, nervous shock, loss of earnings and for the medical expenses, which he incurred as he got hospitalised for treatment.
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Muponde was assaulted by soldiers as he accompanied his grandfather to buy chicken at Glenview 1 Shopping Centre in Harare, where he saw a group of soldiers chasing people around.
One of the soldiers, who was brandishing a gun, spotted him and gave chase and caught him before assaulting him on the back of his body and neck using the back of the firearm.
Muponde sustained serious injuries on both legs including internal injuries on his left leg as a result of the assault and he could not walk.
The soldier continued beating him and only stopped after seeing the severity of the injuries sustained by Muponde and instructed him to wash the blood off his face.
Muponde then engaged Tinashe Chinopfukutwa of ZLHR claiming payment of damages for pain and suffering, nervous shock, contumelia, affront to dignity and humiliation.
During trial at Harare civil magistrates Court, Muchinguri and the ZNA unsuccessfully tried to absolve themselves of any liability, arguing that the soldiers who assaulted the duo were not under the control of the ZNA Commander, but of the Zimbabwe Republic Police.
Muchinguri and the ZNA were ordered to pay US$29 182 to Mafondokoto as compensation for the damages.
Harare Civil Court Magistrate Tamara Chibindi ordered ZiG45 976 compensation for Muponde.
According to the ZLHR, Mafondokoto and Muponde are relieved after their sustained efforts at combating impunity and access justice, were successful as the ZNA payment of ZiG786 956, the equivalent of US$29 182, was deposited in Mafondokoto’s bank account while Muponde received ZiG45 976 as compensation.
The ZLHR said it aims to deter and discourage acts of human rights violations in Zimbabwe by bringing anti-impunity civil proceedings against perpetrators.
