The High Court of Zimbabwe has ruled in favour of a grieving mother, Patricia Dengezi whose one-year-old son was tragically killed during a chaotic traffic incident between pirate taxi operators and the police.
High Court judge Regis Dembure awarded Dengezi US$42,000 in damages, ruling that the police's conduct created a chaotic environment that directly contributed to the fatal accident.
Dengezi was represented by Tendai Biti of Biti Law Chambers.
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"The violent, indiscriminate smashing of commuter omnibuses and the use of spikes in crowded streets during peak hours can never be justified.
"Such cases are inimical to modern-day policing standards," Dembure ruled.
Cited as defendants were the Commissioner General of Police, Stephen Mutamba and the Minister of Home Affairs Kazembe Kazembe, as well as the driver who fatally crushed her son, Munyaradzi Nyamaruru.
The judge said their officers displayed "reckless and gross negligence" that directly led to the death of Lesley Chitanda, the plaintiff's son.
The incident occurred on April 17, 2017, in Harare.
Dengezi, a vendor, was sitting on a pavement feeding her child when a commuter omnibus, driven by Nyamaruru, veered off the road to avoid a collision with other buses fleeing from police officers who had thrown spike strips.
The result was catastrophic.
While Dengezi sustained serious injuries, her young child was killed on the spot.
Describing the scene, Dengezi recounted, "If the police had not thrown spikes, Lesley would have been alive."
Her testimony was corroborated by witnesses, including Sibongile Mazividza, who confirmed that the police's aggressive tactics had sparked widespread chaos on the street during peak hours, endangering civilians.
The ongoing dispute over liability was significantly impacted by a stay ordered by the court in 2022 for a constitutional review of the Police Act's stipulation that civil claims against the police must be filed within eight months.
However, in November 2023, the Constitutional Court dismissed the stay, citing procedural deficiencies in the arguments presented.
Throughout the trial, significant criticisms were levied against the investigative processes of the police as both Sergeant Solomon Kanyoka and Constable James Thomas failed to produce crucial evidence, including accident assessment reports and witness statements, due to a claimed destruction of police dockets.
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Justice Dembure said that "the destruction of every police evidence available, including the docket with witnesses' statements, can reasonably be taken to be a cover-up for the clear criminal actions of the three police officers."
While Dembure expressed sympathy for the plaintiff, acknowledging that "the loss of her only son can never be compensated for by any amount of money," he also affirmed that a settlement of $42,000 had been reached to cover damages, which the court endorsed, holding both the police and driver accountable for the tragic events that unfolded.
This judge reminded the police of the importance of responsible policing, especially in urban environments where innocent lives can be significantly impacted by reckless actions.
