A Victoria Falls man has sued TM Pick n Pay for $30,000 after he was wrongfully arrested and prosecuted on robbery charges.
Farai Chakawa, through his lawyer, Tinashe Chinobvukutwa of Zimbabwe Lawyers for Human Rights (ZLHR), served summons at the Harare Magistrate (Civil) Court against TM Pick n Pay Zimbabwe, Stanford Nyamukuruso, ZRP Commissioner General Godwin Matanga and Home, Cultural and Social Affairs. The Honorable Minister of Heritage. Kazembe Kazembe, seeks compensation of up to US$30,000 for causing his unlawful arrest, detention, malicious prosecution and humiliation.
“Of the total US$30,000 sought by Chakawa, US$10,000 will be damages for malicious prosecution, US$10,000 will be damages for unlawful arrest and detention, while US$10,000 will be damages for humiliation, embarrassment and insult to dignity.” As a result of unlawful arrest, detention and malicious prosecution, ZLHR noted.
“Chinobvukutwa argued that while Nyamukuruso restrained Chakawa and instigated the filing of a criminal complaint against him, there was no probable cause for him to commit the offense of disorderly conduct because he was merely a customer seeking to purchase products from the retail outlet.”
ZLHR reported that the incident occurred in April 2023, around the time Chakawa visited Harare.
He was arrested by employee Stanford Nyamukuruso who accused him of theft.
“In April 2023, Farai Chakawa, a resident of Victoria Falls in Matabeleland North Province, who was visiting Harare and intended to purchase some goods from the TM Pick n Pay Joina City retail store in the capital, was arrested by a retaliatory employee of the ZLHR. That the retail giant, who tried unsuccessfully to stop him from purchasing some goods after telling him he was not allowed to enter the retail supermarket.
“Chakawa inquired why he was not allowed to enter the retail outlet and was told by TM Pick n Pay Zimbabwe employee Stanford Nyamukuruso that it was because he had arbitrarily decided to do so. He appealed to the cashier at the liquor store, located inside the retail store TM Pick n Pay Zimbabwe Joina City, Nyamukoroso to let Chakawa buy what he wanted and eventually he bought a soft drink and his own bottle of whisky.
ZLHR said that as Chakawa was leaving the counter, Nyamukuruso grabbed him by the waist while holding him by his belt and pulled him into a private room, where he handcuffed him and then informed him that he would be detained at some Zimbabwe Republic Police (ZRP) that day because he had purchased goods from an outlet Retail TM Pick n Pay Zimbabwe against his will.
“Nyamukuruso then took Chakawa to Harare Central Police Station, where he was charged with disorderly conduct and asked to pay a fine for disorderly conduct. Chakawa refused to pay the fine in protest that he had not committed any crime. He was then detained at Harare Central Police Station,” ZLHR noted. for two days before he was taken to the Harare Magistrates Court, where he was tried for disorderly conduct.
“But in May 2023, the criminal proceedings against Chakawa were terminated after he was acquitted of disorderly conduct charges. After the acquittal, Chakawa contacted Shinobvukutwa, who on Wednesday 10 January 2024 filed a summons at the Harare Magistrate’s Court (Civil). Site