High Court appoints commissioner to assess NERA demo damages

THE High Court has appointed chartered accountant Mr Christopher Mwatura as a commissioner to assess damages that occurred in Harare during the National Electoral Reform Agenda (NERA)’s violent demonstration in August last year.

He is expected to file his report with the court within 60 days.

His appointment was made by Justice Loice Matanda-Moyo in terms of Section 9 of the Class Action Act (Chapter 8:17) during her ruling in the case in which NERA, a coalition of opposition political parties, is facing a $1 million lawsuit for damaging and looting property from business entities during violent demonstrations that rocked Harare’s Central Business District in August last year.

MDC-T, Zimbabwe People First and ZAPU are part of NERA.

According to the court order, Mr Mwatura and his accounting firm would also perform any other ancillary duties as may be directed by the High Court.

“Mr Christopher Mwatura of Mwatura and Company Chartered Accountants (Zimbabwe) be and is hereby appointed as Commissioner in terms of Section 9 of the Class Action Act (Chapter 8:17) with effect from the date of this order,” said Justice Matanda-Moyo.

“(He) shall assess the individual monetary claims in the class action filed under HC5377/17. Gather and collate all evidence in relation to the damages claimed.”

It was also ordered that Mr Mwatura “shall file a report in respect of the damages assessed and claimable in this class action to the High Court within 60 days of the appointment”.

Justice Matanda-Moyo further stated that Mr Mwatura’s report “shall include amongst other things the quantum of damages assessed and recommendations regarding the apportionment of damages to members of the class”.

Citizens Against Violence and Anarchy Trust (CAVAAT) sued NERA at the High Court on behalf of scores of businesspeople who lost property in the skirmishes that erupted at the height of NERA demonstrations.

CAVAAT is a local organisation that promotes peace and business in the country.

The trust issued summons after getting the High Court’s nod to sue on behalf of the violence victims early this year.

The victims went to CAVAAT offices and reported their losses.

CAVAAT is claiming $1 million plus interest calculated at the rate of five percent per annum from the date of issuance of summons to the date of payment in full.

The trust is also seeking an order for costs against NERA.

On August 26 last year, NERA, a coalition group comprising 13 fringe opposition political parties, organised a demonstration to lobby for electoral reforms.

They demonstrated against the Zimbabwe Electoral Commission.

The participants went on a rampage, looting goods from shops, burning wares at flea markets, setting ablaze vehicles and other properties in Harare.

CAVAAT, led by former Police Assistant Commissioner Faustino Mazango, resolved to sue NERA for damages in a bid to assist the affected victims recover their property.

In its claim, CAVAAT argued, NERA being the convenor, had a duty to ensure peace during the demonstration.

It was also argued that NERA failed to follow the route which it had identified in the notice for the demonstration that had been sent to the regulating authority.

To that end, violence broke out on some routes where there were no police details and other security measures. CAVAAT argued that NERA ought to have foreseen the danger associated with a violent demonstration.

Failure to put in place adequate security measures, CAVAAT argued, amounted to a breach of duty of care to third parties.