Zimbabwe army commander loses court battle

Published: 7 hours ago
Two Harare men who suffered brutal assaults at the hands of soldiers during Zimbabwe's 2019 fuel protests have finally secured justice after a civil court ruled in their favour, ordering the Zimbabwe National Army (ZNA) Commander, Lieutenant-General Emmanuel Matatu, and Defence Minister Oppah Muchinguri to compensate them for their injuries.

Harare Civil Magistrate Mandlenkosi Ndhlovu ruled that Felix Mafondokoto must be paid US$29,182 (approximately R545,000) for injuries sustained after being shot by soldiers during the unrest. In a separate judgment, Magistrate Tamara Chibindi ordered that Muchademba Muponde be awarded ZiG45,976 for the injuries he suffered during the same military crackdown.

The violence occurred in January 2019 when soldiers were deployed to quell protests sparked by sharp increases in fuel prices. Mafondokoto, aged 44, was shot on January 19 while soldiers were dispersing crowds, despite not participating in the demonstrations. He still carries bullet fragments in his body.

Represented by human rights lawyer Kossam Ncube from Zimbabwe Lawyers for Human Rights (ZLHR), Mafondokoto had initially sought US$49,000 (about R915,000) in damages for pain, suffering, nervous shock, loss of earnings, and medical expenses. ZLHR confirmed the court's ruling through a statement on X (formerly Twitter), noting the severe nature of his injuries.

"Felix Mafondokoto suffered severe injuries from the shooting and still has some bullet fragments in his body," ZLHR said.

Three days earlier, on January 16, 2019, Muchademba Muponde was caught up in the chaos as soldiers descended on Glenview 1 Shopping Centre while he was accompanying his grandfather to buy a chicken. As crowds fled, Muponde also tried to escape but was captured by an armed soldier.

"One of the soldiers gave chase and caught him before assaulting him on the back and neck using the back of a firearm," ZLHR detailed.

The soldier allegedly pursued Muponde into a nearby home where the assault continued until he bled from the head. Muponde sustained injuries to both legs and his back, leaving him unable to walk for a period. He later engaged lawyer Tinashe Chinopfukutwa to sue for damages.

During court proceedings, both Muchinguri and Matatu attempted to shift responsibility, claiming the soldiers were acting under the Zimbabwe Republic Police's command rather than the ZNA's. However, the court dismissed this argument.

"Hon. Muchinguri and Lieutenant-General Matatu unsuccessfully tried to absolve themselves," said ZLHR.

The court ultimately held the two senior officials accountable for the conduct of the soldiers under their command.

For both Mafondokoto and Muponde, the rulings mark a significant victory after years of physical and emotional suffering.

"Victims of brutality perpetrated by some soldiers have begun accessing justice," ZLHR said in a statement.
- online
Tags: Army,

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