The Harare High Court has ordered the City of Harare to pay a vendor, James Chamisa, US$21,830 in damages after he successfully sued the Municipal Police for a brutal and unprovoked assault in 2018 that left him with fractured ribs and severe psychological trauma.

High Court Judge Justice Christopher Dube Banda ruled in Chamisa’s favour, condemning the assault as vicious and inhuman and noting that the award was intended to be punitive and exemplary due to the nature of the attack.

Chamisa, who was represented by Kudzayi Kadzere of the Zimbabwe Lawyers for Human Rights (ZLHR), was assaulted on October 4, 2018, along the First Street Mall in full view of the public during an operation to clear vendors.

According to court papers, municipal police officers, acting within the scope of their employment, unlawfully assaulted Chamisa all over his body with batons, fists, and booted feet, while also insulting him over his perceived political choices.

The assault caused extensive physical injury, including two fractured ribs on the right side of his rib cage, a fractured right hand on the forearm, laceration of the lower lip and multiple abrasions and bruises across his torso and limbs.

Chamisa also sought compensation for psychological injuries, citing shock, failure to sleep, fatigue, loss of energy, difficulty in concentration, hallucination, poor orientation, difficulty in walking, and depression.

Justice Dube Banda accepted that the assault was unprovoked and brutal, noting that Chamisa was peaceful and law-abiding, minding his business.

The judge awarded the following damages;

US$15,000 for shock and suffering (out of a claimed US$20,000).

-US$5,000 for contumelia (public humiliation and insult) (out of a claimed US$10,000).

-US$1,830 for medical expenses (the full amount claimed).

The total award stands at US$21,830, with interest to be calculated from the date of judgment until the date of final payment.

Justice Dube Banda also ordered the defendant, the City of Harare, to pay Chamisa’s legal costs.