Through his lawyer Tsungai Mutongwizo from the Zimbabwe Human Rights NGO Forum, Jack said he intended to sue in terms of Section 6 of the State Liabilities Act as read with Section 70 of the Police Act and wants compensation for shock, pain and injuries suffered and for being subjected to cruel, inhuman and degrading treatment.
In his letter of demand dated November 7, 2014, Jack cited Mohadi, deputy secretary for finance and administration (Home Affairs ministry), civil division of the Attorney-General’s Office, Police-Commissioner General Augustine Chihuri and the alleged perpetrator of the assault only identified as Morros, based at Mbare Police Station.
Jack claimed in the letter that he was stopped by police officers on October 24 this year while he was in the company of his friend and ordered to produce identification documents after being accused of loitering.
“He (Jack) was told that he was under arrest for loitering and was requested to produce his national identity card to which he complied. His friend did not have an identity card,” Mutongwizo said.
It is alleged Jack’s friend was arrested and the police officers requested Jack to accompany his friend to the police station, where he was again asked to produce his national identity card for the second time and he complied.
He said at the police station, police officers started assaulting him using a baton stick after he had queried why they wanted to book him into the cells.
Mutongwizo said a formal complaint had since been made at Harare Central Police Station against Morros’ conduct.
“We advise that the assault on our client was unlawful and it amounts to torture, the application of which is prohibited in our Constitution. As a direct result of the assault, our client sustained a broken left hand and endured excruciating pain.
“Our instructions are to give you notice as we hereby do of that intended suit. We are in the process of quantifying damages,” Mutongwizo said.