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Daniel Nemukuyu Senior Court Reporter
BASHING the Sheriff of the High Court in a bid to block attachment of property has backfired for Gweru CityCouncil after a court of law slapped the local authority with damages amounting to $4 500.

This means the residents of Gweru will have to indirectly pay for the recklessness and violent behaviour by municipality’s three police officers who decided to take the law into their own hands.

Instead of channelling the hard earned money towards improved service delivery, the local authority will have to pay for the indiscipline of its staffers.

The three overzealous bullies — Misheck Mutindindi, Bernard Mambo and Samson Samukute — committed the offence while trying to save council property from attachment over a debt.

The additional sheriff for Gweru, Mr Phanuel Kapfudzaruwa, was acting in terms of a court order, but the trio decided to be the law unto themselves and beat him up.

The violent attack on Mr Kapfudzaruwa by the rowdy council officers made headlines in the media in 2016.

While Mr Kapfudzaruwa was executing his duties, the three municipal police officers pounced on him and beat him up in the full glare of the people.

Mr Kapfudzaruwa sustained serious injuries, suffered humiliation and negative media publicity as a result of the attack.

He also had to meet the medical expenses.

Mr Kapfudzaruwa also sought compensation for pain and suffering.

High Court judge Justice Owen Tagu ruled in favour of the additional sheriff and ordered council and its employees to pay damages.

“My final assessment is that the plaintiff adduced sufficient evidence showing that he was assaulted by the second to fourth defendants who were in the employ of the first defendant, while he was in the course of doing his lawful duties,” he said.

“It was aggravating that the plaintiff who was an additional sheriff of the High Court was assaulted for carrying out his lawful duties.”

Justice Tagu said council had other lawful options of stopping execution than attacking the officer of the court.

“The defendants had other legal options to prevent the removal of the property other than taking the law into their own hands,” he said.

One of the employees pleaded with the court for leniency, saying at the time of assault, he was not thinking properly, but Justice Tagu said a correct message must be sent to other “unthinking” council cops.

“Given that the second defendant was not “thinking” as he told the court, damages should be awarded to send a message to the unthinking employees to think before they act unlawfully,” said Justice Tagu. Council was found vicariously liable for the violence perpetrated on the officer of the High Court and it must pay for the infraction.

Mr Kapfudzaruwa was awarded $2 000 as damages for pain and suffering occasioned by the attack, plus $1 500 for public humiliation.

A further $500 must be paid as damages for loss of amenities of life, including difficulties in driving, walking and sleeping.

The court also ordered the local authority and its employees to pay $500 to cover the medical expenses incurred by Mr Kapfudzaruwa. The trio was in 2016 jailed nine months effective each for the assault by Gweru magistrate Mr Musaiona Shotgame.