Crash driver sues police, Home Affairs Minister

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