FOUR Shurugwi residents who were physically tortured by Zimbabwe National Army (ZNA) officers during the Covid-19 lockdown are set to get a combined US$40 000 compensation after winning a legal battle against the army commander and the Defence minister.
The four are Grant Zinyuke, Moreblessing Ncube, Batler Jabangwe and Mavhuto Kachepa who dragged Defence Minister Oppah Muchinguri and ZNA commander Lieutenant-General Anselem Sanyatwe to court claiming damages for the torture they endured in 2021.
Some soldiers went on a rampage and brutalised them, during a government-imposed national lockdown, three years ago.
Sanyatwe and Hon. Muchinguri stood trial at Shurugwi Magistrates Court where they were convicted.
In summons filed at Shurugwi Magistrates Court, the four argued that the conduct of the soldiers, who at all material times were acting within their course and scope of their employment as duly attested members of ZNA and under the control or instructions of Sanyatwe and Muchinguri, who were held vicariously liable for their actions, was unlawful.
The citizens were represented by Prisca Dube and Jabulani Mhlanga of Zimbabwe Lawyers for Human Rights.
Their lawyers argued that the soldiers unlawfully, wrongfully and without just cause, assaulted them resulting in them sustaining several injuries on their bodies.
"In the case of Zinyuke, he sustained some injuries which include swelling on the forehead, lacerations on the upper lip and nose, bruises on his back and losing some of his teeth and had to seek medical treatment," their lawyers.
Dube and Mhlanga told Shurugwi Magistrate Patricia Gwetsayi that Ncube sustained severe swelling on his face, forearms and bruises all over his back when he was assaulted by some soldiers on 1 August 2021, for allegedly being outside his residence buying airtime so he could get an update on the health status of his ailing mother.
"Jabangwe, an employee of Shurugwi City Council, was assaulted all over his body by soldiers, who saw him while coming from executing his duties of opening water taps at Makusha shopping centre and who accused him of wandering around.
"As a result of the assault by the soldiers, Jabangwe sustained injuries on the right side of his back and his left leg, which injury makes it difficult for him to wear closed shoes to date and remains severely traumatised by the incident," the lawyers.
Kachepa was assaulted by soldiers, whom he met when he was on his way home from a beer retail outlet, who confronted him and without any provocation or warning, used guns and broke his right leg in two spots.
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"While he was lying on the ground, some soldiers assaulted him all over his body and he sustained two severe fractures on the right leg, swelling all over the body, lacerations on the arms and some bruises on his body," the court heard.
Dube and Mhlanga argued that such conduct by soldiers against the Shurugwi residents, was cruel, inhuman and degrading treatment punishment, which left them traumatised, anxious and in shock.
The presiding magistrate said Muchinguri and Sanyatwe should pay Zinyuke US$10 000.
Mavhuto will get US$12 000 while Jabangwe will get US$8 000 to Jabangwe and US$8 000 Ncube, as compensation for damages for pain and suffering, trauma and nervous shock and for medical expenses, which they incurred while seeking treatment.
