The High Court has awarded a Harare mother US$42K following a tragic incident in which her infant son was killed as a direct result of reckless police conduct. The ruling, handed down by Justice Regis Dembure, places liability squarely on the shoulders of the state, holding the Commissioner General of Police and the Minister of Home Affairs responsible for the actions of their officers.
The case stems from a devastating event in 2017 that claimed the life of one-year-old Lesley Chitanda and left his mother, Patricia Dengezi, with severe physical and emotional scars.
The court found that the police’s dangerous methods of enforcing traffic laws created a state of panic and directly caused the fatal accident.
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Justice Dembure was unequivocal in his condemnation of the officers’ behaviour, stating,
“The violent, indiscriminate smashing of commuter omnibuses and the use of spikes in crowded streets and during peak hours can never be justifiable. Human life is sacrosanct.” He further emphasised that “the reckless behaviour of the police officers in this case was not only unlawful but also grossly negligent.”
Court Awards US$42K In Damages To Mother For Son’s Death Caused By Police Spikes
The incident unfolded on the afternoon of April 17, 2017, on Chinhoyi Street, a busy one-way thoroughfare in the heart of Harare. According to court testimony, three police officers attempted to stop a commuter omnibus by throwing spikes and shattering its windscreen with batons. This aggressive act triggered chaos, causing several omnibuses to flee in the wrong direction against the flow of traffic.
One of these drivers, Munyaradzi Nyamaruru, swerved off the road in a desperate attempt to avoid a collision. His vehicle mounted the pavement where Ms Dengezi was sitting, feeding her young son. The impact killed Lesley instantly and left his mother seriously injured.
An eyewitness, Ms Sibongile Mazividza, supported Ms Dengezi’s account of the terrifying scene. She described the sudden panic that gripped the area after the police intervention, confirming the sound of spikes and the sight of drivers scrambling to escape. The court heard that the police’s own admissions acknowledged that their actions had caused widespread confusion and placed the public in grave danger. Ms Dengezi recalled the moment her life was shattered, simply saying,
“I was just feeding my boy. Then there was noise and shouting, and everything went dark.”
Judge Cites Missing Evidence In Ruling
The path to justice was hampered by what the presiding judge labelled significant failures by the authorities. Critical evidence, including the original accident report and key witness statements, was mysteriously destroyed. Justice Dembure did not mince his words regarding this disappearance, describing it as a bizarre act that defeats the ends of justice. This lack of documentation weakened the state’s defence and reinforced the credibility of the plaintiff’s testimony.
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In determining the damages, the judge acknowledged that no financial sum could ever truly compensate for the loss of a child. He noted,
“The loss of her only son can never be compensated for by any amount of money. She must, however, pick up the pieces and move on with life, difficult as it might be.”
The final order compels the police and home affairs authorities to pay the US$42,000 damages award, plus interest, as well as cover all of Ms Dengezi’s legal costs, bringing a measure of accountability eight years after the tragic event.
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