Businessman wins US$10 000 settlement against over...

Businessman wins US$10 000 settlement against overzealous cop

Zim Now Writer

A Bulawayo businessman will get US$10 000 in damages to from a police officer who unlawfully arrested and arbitrarily detained him over a bilateral contractual dispute.

Joseph Tambu, the Director of Prod Software Enterprises, was arrested by Shingirai Givemore Mayimbo, a Zimbabwe Republic Police officer, on 15 June 2021 after Tambu voluntarily appeared at Bulawayo Central Police Station, where he had been summoned to appear in order to answer questions in relation to the delivery of a camera.

The case involved Gwanda State University represented by the university’s procurement officer, Sifundo Ntini,

After Tambu presented himself at Bulawayo Central Police Station and provided a detailed explanation on the reason for the delay of the supply of the camera, Mayimbo detained him and stated that he would only be released after the camera was delivered to Gwanda State University.

Tambu was released from the police custody after spending two nights in detention. He had not appeared in court.

Tambu engaged Zimbabwe Lawyers for Human Rights to file summons at Bulawayo Magistrates’ Courts, seeking payment of damages amounting to US$10 000.

In the summons, Tambu argued that he was deprived of his liberty and inconvenienced as he could not conduct his business activities and was subjected to emotional strain as he was in confinement and could not see his family while his reputation as an entrepreneur was tainted.

Bulawayo Magistrate Ncube ruled that the defendant Mayimbo and therefore the Officer In Charge of Bulawayo Central Police Station, Commissioner-General of ZRP and Home Affairs and Cultural Heritage Minister Hon. Kazembe had acted unlawfully and ordered the payment of US$10 000 to Tambu as damages for wrongful arrest, unlawful detention and pain and suffering.

The magistrate also ruled that Mayimbo’s action put Tambu’s health at risk as the detention was during a dangerous period of the Covid-19 pandemic.