Daniel Nemukuyu Senior Court Reporter
A Kadoma Mine manager who sustained serious injuries after police opened fire on him after mistaking him to be a wanted criminal, is now claiming damages to the tune of $513 750.
Mr Norbert Mangena was shot in the abdomen while travelling in a friend’s Audi vehicle in Kadoma on March 23 this year.
After the shooting, Mr Mangena was rushed to hospital but he could not be treated in the absence of a police report.
His friend drove to a police station in Kadoma where a formal shooting report was made.
Mr Mangena’s lawyers said the police then brought up charges against him some 11 days after the shooting incident to cover up for the negligence.
Harare lawyer Mr Tazorora Musarurwa on September 24 this year wrote a letter to the Minister of Home Affairs on behalf of Mr Mangena notifying him of the intention to institute legal proceedings against the police.
The letter was copied to the Police Commissioner-General and the Attorney-General (Civil Division).
In the document in question, Mr Mangena is claiming US$3 500 for medical expenses and US$350 000 as compensation for pain and suffering.
He wants US$100 000 for loss of amenities, US$50 000 for unlawful arrest, US$10 500 for future medical expenses and US$2 500 for transport expenses incurred.
According to the letter, Mr Mangena said he had two operations and he spent at least 14 days in hospital.
“As a result of the shooting, the plaintiff incurred a bullet wound injury that went though his lower abdomen.
“He had two surgeries and had to use a colostomy bag for one month while his digestive organs healed.
“The second operation was to remove the colostomy.
“The bullet wound caused the plaintiff severe pain and initially he had to be on strong painkillers such as morphine and pethadine…”
Mr Mangena said the injuries are still affecting his operations as a manager for a small-scale gold mine.
Indiscriminate shooting at the vehicle, according to the lawyers, had an effect of violating Mr Mangena’s right to life as enshrined under Section 48 of the Constitution of Zimbabwe.
Mr Mangena also alleges that he was subjected to inhuman and degrading treatment while placed under police guard on his hospital bed.
Mr Mangena alleges that his treatment as a dangerous criminal while hospitalised amounted to a violation of Section 51 of the supreme law.
Mr Mangena also claims that his rights to personal security and personal liberty were infringed in the process.