$150k assault damages for teen

A magistrate has ordered a detecMUTARE tive and the police to pay $151 000 compensation to a 15-year-old Sakubva teenager who was brutally assaulted by the former in 2019 during investigations over a stolen cellphone.

The minor’s parents sued ZRP for inhuman and degrading treatment after the teenager was handcuffed and assaulted by Detective Assistant Inspector Jefinias Mazambani. Mutare magistrate, Mr Lazarus Murendo, presided over the case and on November 25 handed down his judgment in favour of the teenager.

As a result of the assault, the teenager bled profusely. He was later released from police custody without being charged.

It was alleged that despite being released from custody without any charges pressed against him, Mazambani made impromptu visits to the juvenile’s Sakubva residence and continued assaulting him.

He sustained injuries which include a perforated eardrum, facial swelling and swelling on his knees.

In his judgment, Mr Murendo said the assault was severe and he suffered excruciating pain, hence he should be paid damages amounting to $151 191 as compensation.

“The second and third defendants (Commissioner-General of the Police and the Minister of Home Affairs and Cultural Heritage) are being sued in their official capacities as the employers of the first defendant (Mazambani) and as such, are deemed to be vicariously liable for the conduct of the first defendant committed during the course and scope of his employment.

“While the first defendant denied any wrong-doing, the evidence on record and his criminal conviction and sentence conclusively lead to the only reasonable conclusion that he indeed assaulted the plaintiff severely leading to serious injuries being inflicted,” he said.