The High Court of Zimbabwe has ruled in favour of a bereaved mother, Patricia Dengezi, whose one-year-old son was killed during a traffic mishap involving police officers and unlicensed taxi operators.
Justice Regis Dembure awarded Dengezi US$42,000 in damages, finding that the actions of the police created a dangerous situation that directly caused the fatal accident.
Represented by lawyer Tendai Biti of Biti Law Chambers, Dengezi argued that her son’s death was the result of reckless policing methods.
“The indiscriminate smashing of commuter buses and the reckless deployment of spikes on busy streets during rush hour cannot be justified. Such practices fall far below modern policing standards,” Justice Dembure said in his ruling.
Those cited in the case included Police Commissioner General Stephen Mutamba, Home Affairs Minister Kazembe Kazembe, and the driver of the commuter omnibus, Munyaradzi Nyamaruru, who struck the child.
The judge ruled that the officers’ behaviour amounted to “gross negligence,” which led to the death of little Lesley Chitanda on April 17, 2017, in Harare.
On the day of the tragedy, Dengezi, a vendor, had been feeding her baby on a pavement when Nyamaruru lost control of his vehicle while attempting to evade other buses running from police officers who had thrown spikes. The minibus veered off the road, killing the child instantly and leaving Dengezi seriously injured.
“If the police had not thrown spikes, my son would still be alive,” Dengezi testified in court. Her account was supported by witnesses, including Sibongile Mazividza, who described the chaotic and unsafe situation created by police tactics in the crowded street.
The case was delayed after a 2022 stay for constitutional review of the Police Act, which restricts civil claims against the police to within eight months. However, the Constitutional Court dismissed the stay in 2023 on procedural grounds, allowing the trial to proceed.
During proceedings, the police faced criticism over their handling of the investigation, after key evidence—including accident reports and witness statements—was said to have been destroyed.
Justice Dembure said the disappearance of all records “can reasonably be taken as a cover-up for the unlawful conduct of the officers involved.”
Although he noted that “no monetary compensation can ever replace the loss of a child,” Justice Dembure endorsed the US$42,000 settlement, holding both the police and the driver liable for the tragedy.
He concluded by cautioning law enforcement against reckless practices in urban settings, stressing the need for policing that prioritises the safety of civilians.
ALSO READ : Mutsvangwa Shifts Tone on Business Tycoon Tagwirei
