Fidelis Munyoro Chief Court Reporter
A security guard who ruptured his genitals after an assault by two municipal police details accusing him of illegal vending has filed a $700 000 High Court claim against the Harare City Council.
Admire Chipusire is suing Harare and two of its employees, Munyaradzi Chaza and Patrick Matumbura, for assaulting him on spurious allegations that he was an illegal vendor.
Through his lawyer, Mr Edwin Hamunakwadi of Hamunakwadi and Nyandoro Legal Practice, Chipusire is seeking damages for pain and suffering to the tune of $700 000.
According to Mr Hamunakwadi, the physical attack resulted in the rapture of his client’s organ, part of which was subsequently removed following medical surgical.
Harare is cited in the claim on account of vicarious liability, as Chaza and Matumbura’s employer.
The incident occurred on March 17 this year, when Chipusire was at his workplace at the corner of George Silundika Avenue and Innez Terrace in the capital, where he is employed as a security guard by the Zimbabwe Post (Private) Limited.
He claims that he was accosted by the two officers who accused him of illegal vending. Without giving him a chance to explain himself, Chipusire claims that Matumbura grabbed him by the arms and Chaza unleashed three fatal kicks on his genitalia.
After the gruesome episode, Chipusire was rushed to hospital where he was admitted for an emergency operation.
“The callous attempted murder committed by second (Chaza) and third (Matumbura) against plaintiff (Chipusire), during the course and scope of their employment and in pursuit of the first defendant (City of Harare)’s interests was blatantly unlawful and has absolutely no place in modern day civilisation as it is a naked affront to the plaintiff’s constitutionally guaranteed right to life,” read the summons.
Harare City Council, which has 10 days to file its defence to the claim by Chipasure, has of late become a cash cow for litigants.
Some of the cases emanate from the city officials’ bungling in handling labour issues.