'Baba Jukwa' sues police, defence ministers for wrongful umbrella arrest

'Baba Jukwa' sues police, defence ministers for wrongful umbrella arrest
Published: 23 August 2019 (94 Views)
Journalist Edmund Kudzayi of the "Baba Jukwa" fame is suing Home Affairs and Defence ministers for $500,000 as compensation for his unlawful arrest over possession of a camouflage umbrella.

The former Sunday Mail editor, through his lawyers, says that his arrest on February 22 this year, caused him great embarrassment and suffering.

Kudzayi was acquitted at the close of the State's case after prosecutors failed to prove an offence had been committed.

The presiding magistrate, Victoria Mashamba, had no kind words against the State when she freed him.

Police and prosecutors used a law that prohibits the wearing of camouflage uniform to charge Kudzayi.

"I agree with the defence that an umbrella is not wearable. The law is clear on what constitutes camouflage uniform. An umbrella is not listed," the magistrate said as she discharged the journalist.

In the lawsuit filed this week, Kudzayi cited Home Affairs Minister Cain Matema; the Minister of Defence and War Veterans Oppah Muchinguri-Kashiri, the Commissioner General of the Zimbabwe Republic Police (ZRP) Godwin Matanga and the Commander Zimbabwe Defence Forces (CDFZ) General Valerio Sibanda in their official capacities as respondents.

"Plaintiff (Kudzayi) was detained in police cells whose conditions exposed him to inhuman and degrading treatment. During the time of his unlawful arrest, detention and subsequent prosecution, plaintiff was unable to go to work and lost business opportunities," Kudzayi's lawyers said.

He also said at all material times the officers who arrested him were acting within their scope and course of employment.

"As a result of the foregoing, plaintiff suffered loss in the sum of $500,000," the lawyers said in the claim which contains a breakdown of the whole amount which includes compensation for unlawful arrest, detention, pain, shock and suffering, malicious prosecution, loss of business opportunities, contumelia and cost of suit.

Kudzayi was arrested at a security roadblock along Domboshava road near Winchdon Shops, Borrowdale, by Constable Chitana and Corporal Francis Murehwa.

The police and soldiers were carrying out a joint "stop and search" operation on motorists.

Kudzayi was immediately charged with having been found in possession of articles with military style camouflage markings under Section 32 of the Criminal Law (Codification and Reform) Act which criminalises unlawful possession and wearing of "any camouflage uniform." The Act defines camouflage uniform as "any article of wearing apparel made of material carrying military-style camouflage markings."

- ZimLive

 0

You May Like These Videos

Comments

There are no comments.

Latest stories

Zimbabwe govt expenditure problem

by Clemen Moyo ka Mangena | 15 September 2019 | 101 Views

Sympathy for the devil

by Zimbabwe Vigil Diary | 15 September 2019 | 118 Views

ZINARA Employees stealing from government and motorists

by Munya Shumba | 15 September 2019 | 124 Views

ZAPU in its bravest rebranding and transformation exercise

by Sakhile Sibanda | 15 September 2019 | 98 Views

Mugabe's death breathes life into sleepy Zvimba

by Staff reporter | 15 September 2019 | 165 Views

Zimbabwe's success inevitable, says Mnangagwa

by Staff reporter | 15 September 2019 | 217 Views

Mugabe died a sad man

by newzimbabwe | 15 September 2019 | 255 Views

Zinara looters put on notice

by Staff reporter | 15 September 2019 | 245 Views

Ramaphosa apologises for xenophobia

by Staff reporter | 15 September 2019 | 172 Views

Mugabe funeral programme shifts to Zvimba

by Staff reporter | 15 September 2019 | 279 Views

Zimbabwe nears SA industry loans deal

by Staff reporter | 15 September 2019 | 167 Views

Crafty Bob is not just history but our history

by Bishop Lazi | 15 September 2019 | 140 Views

G40's ahistorical narrative

by Ranga Mataire | 15 September 2019 | 164 Views

A too-comfortable end for Mugabe

by Jason L Riley | 15 September 2019 | 182 Views

Mnangagwa may not revenge against Grace Mugabe

by newzimbabwe | 15 September 2019 | 167 Views

Final salute for Robert Mugabe

by Staff reporter | 15 September 2019 | 132 Views

'The West is upset about Zimbabwean land'

by Prof Arthur Mutambara | 15 September 2019 | 164 Views

South Africans need a history lesson

by Mtandazo Dube | 15 September 2019 | 149 Views

'Foreigners can now invest in Zimbabwe's restricted sectors'

by Staff reporter | 15 September 2019 | 172 Views

Grace Mugabe praised

by Staff reporter | 15 September 2019 | 175 Views

Zesa, BCC agree on compensation for power station use

by Staff reporter | 15 September 2019 | 137 Views

The 'Zimbabwean' mogul in SA police's crosshairs

by Staff reporter | 15 September 2019 | 176 Views

Can Bosso stand Colliery heat?

by Staff reporter | 15 September 2019 | 88 Views

ZB Bank introduces WhatsApp banking

by Staff reporter | 15 September 2019 | 85 Views

Sables beat Zambia, win Victoria Cup

by Staff reporter | 15 September 2019 | 66 Views

College charges extra on EcoCash

by Staff reporter | 15 September 2019 | 45 Views

Concern over sharp increase in armed robbery cases

by Staff reportetr | 15 September 2019 | 47 Views

'18 people living in one room'

by Staff reporter | 15 September 2019 | 76 Views

Zimbabwe stuck with expired medical drugs, says committee

by Staff reporter | 15 September 2019 | 50 Views

Mugabe: The socio-genesis, posterity of Pan-Africanism

by Richard Runyararo Mahomva | 15 September 2019 | 115 Views

Bulawayo City Council workers demand housing stands

by Staff reporter | 15 September 2019 | 31 Views

The installation of the Lozwi King at Emawabeni

by Pathisa Nyathi | 15 September 2019 | 128 Views

Graca Machel: Appreciate Mugabe's role in Zimbabwe

by Staff reporter | 15 September 2019 | 43 Views

Gukurahundi victims react to Mugabe death

by Staff reporter | 15 September 2019 | 48 Views

The other side of Mugabe

by Nqaba Matshazi | 15 September 2019 | 100 Views