Zimbabwe: Vendor Loses U.S.$10,720 Assault Lawsuit Against Harare City Council

A Harare vendor has lost his US$10,720 damages claim against the City of Harare after the High Court ruled that he failed to prove municipal police assaulted him and that the local authority was responsible for his injuries.

Justice Maxwell Takuva dismissed Joseph Hondo's claim in its entirety with costs after finding that his evidence was inconsistent and failed to establish, on a balance of probabilities, that City of Harare municipal police officers were behind the alleged assault.

Hondo had sued the City of Harare, seeking US$10,720 in damages for pain and suffering, humiliation (contumelia), medical expenses and loss of income arising from an alleged assault on October 3, 2018.

He claimed that while selling goods near Karigamombe Centre in Harare, four municipal police officers attacked him during an operation targeting vendors.

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According to court papers, three officers restrained him while another allegedly beat him with a baton before shocking him with an electric device similar to a taser.

He further alleged that he was bundled into a municipal truck where he was assaulted with fists, booted feet and baton sticks.

Hondo told the court he suffered injuries to his head, shoulder and face, psychological trauma, depression and was unable to work for two months.

However, the City of Harare denied liability, arguing that no municipal police officers had been deployed to the area on the day in question and disputing that any of its employees assaulted Hondo.

In dismissing the claim, Justice Takuva found that Hondo's version of events changed significantly during the proceedings.

"The plaintiff failed to prove on a balance of probabilities that he was assaulted by municipal police," the judge ruled.

Takuva noted that shortly after the alleged assault, Hondo had told his doctor that he had been attacked by both uniformed riot police and plain-clothed municipal police, a version later confirmed during cross-examination.

"The change of plaintiff's versions of what happened tilts the balance of probabilities in favour of the defendant. The probabilities weigh heavily against the plaintiff," the judge said.

The court also found it significant that Hondo was taken to Harare Central Police Station after the incident, which the judge said was "consistent with him having been arrested by members of the ZRP."

Although Hondo claimed he recognised some of the municipal officers by their nicknames, "Bhuru" and "Magaya", Justice Takuva said he failed to report them to police or establish their full identities so they could be cited in the proceedings.

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"Plaintiff failed to establish that he was assaulted by defendant's employees. Therefore, plaintiff failed to prove that the defendant was vicariously liable for the assault," the judge ruled.

The court also dismissed Hondo's US$5,000 claim for humiliation, saying there was no evidence that the alleged assault was intended to degrade or embarrass him.

"In the present matter, no such intention to embarrass, degrade and humiliate was proved. Consequently, the claim must fail," Takuva said.

His claim for medical expenses also failed after the court found that he had produced no receipts to prove payment.

"The claim is dead and buried. The claim cannot succeed, it has collapsed," the judge said after noting evidence from Hondo's own doctor that he had received treatment free of charge.

Takuva concluded that Hondo had failed to prove the City of Harare was legally liable for the alleged assault and dismissed the entire claim with costs.

The case arose from an incident during a period of political tensions in Harare in October 2018, when security forces were deployed around Harvest House and municipal authorities were conducting operations against informal vendors in parts of the central business district.