Kazembe and Mthuli Ncube face contempt over $17k damages. Sydney Chisi was one of scores of protesters demonstrating outside the South African embassy in Harare in April 2015 against xenophobia in South Africa, where Zimbabweans and other foreign nationals were being attacked and killed.
An activist who was granted $17 000 damages by the High Court after being brutally assaulted by the police while demonstrating against xenophobia at the South African Embassy in 2015 is now seeking to have Home Affairs minister Kazembe Kazembe and his Finance counterpart Mthuli Ncube declared contemptuous for failing to make the payment.
He was assaulted by riot police and proceeded to the High Court demanding damages which were later granted in January this year.4 He now wants Kazembe, Mthuli, the officer commanding police Harare Newbert Saunyama and police commissioner-general Godwin Matanga to be ordered to pay the judgment debt within five days with interest calculated from 2015 to date of final payment.
Ncube has been cited in his capacity as the authority responsible for facilitating and signing all necessary documents to ensure that Kazembe and Matanga comply to liquidate the $17 000 order.
The court heard on September 17, 2015, Chisi issued summons against the government seeking payment of damages over unlawful assault, pain, suffering and medical expenses. The matter reached the trial stage and the parties agreed to settle the matter amicably, resulting in an order by consent.
On March 9, Chisi’s lawyers from Zimbabwe Lawyers for Human Rights wrote to the respondents’ legal representative requesting for the payment, but there was no response until June 9 when he was advised to be patient because government procedures take time.
However, nothing materialised until August 24 when Chisi’s lawyers wrote another letter which was never responded to. “It is abundantly clear that the respondents do not have any intention of complying with the order which was issued with their consent. It is clear from the correspondence between the parties that they are aware of the order in question which was granted with their consent,” Chisi said.
“I have been pursuing justice in this matter for years now. My constitutional rights to a fair hearing and appropriate relief will be rendered illusory unless the court order granted by this honourable court is capable of being enforced.
“I accordingly submit that it is the duty of the honourable court to regulate its own orders. I cannot sit back and watch while its orders are being disobeyed.”
Source – Bulawayo 24
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