Crash driver sues po­lice, Home Af­fairs Min­is­ter

Chronicle (Zimbabwe) - - National News -

un­law­fully de­tain­ing him in cells from Oc­to­ber 17 to Oc­to­ber 20 in 2014 in vi­o­la­tion of sec­tion 50 of the Con­sti­tu­tion.

He wants the court to or­der Min­is­ter Chombo and Dr Chi­huri to pay him $15 000 in dam­ages for il­le­gal de­ten­tion and $5 000 for their fail­ure to up­hold pro­vi­sions of the Con­sti­tu­tion.

Mr Chidyag­wayi, in his found­ing af­fi­davit, said he was un­law­fully de­tained in ex­cess of 48 hours in vi­o­la­tion of the coun­try’s con­sti­tu­tion.

Un­der sec­tion 50(2) and (3), ar­rested per­sons must be taken to court or re­leased within 48 hours af­ter their ar­rest.

The only way in which an ar­rested per­son can be kept in cus­tody for more than 48 hours is if a court orders the per­son’s fur­ther de­ten­tion.

Mr Chidyag­wayi ar­gued that there was no le­gal ba­sis for his il­le­gal de­ten­tion since he had pre­sented him­self to the po­lice. He also ar­gued that the of­fence which he had com­mit­ted was triv­ial and did not war­rant any de­ten­tion.

Mr Chidyag­wayi said on April 1, 2013, he was in­volved in an ac­ci­dent at Chikato Busi­ness Cen­tre. He said po­lice

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