Veteran opposition politician Job Sikhala bounces back, sues President Mnangagwa’s government for US$1.2 million

Prominent Zimbabwean opposition politician Job Sikhala has initiated legal action against the State, seeking US$1.2 million in damages for unlawful arrest, detention, and malicious prosecution.

The claim arises from a case of communicating falsehoods through his Facebook page, a charge that was ultimately overturned by the High Court.

The lawsuit, filed at the High Court through his lawyer Harrison Nkomo of the Zimbabwe Lawyers for Human Rights, names several individuals and entities as respondents. These include police officers Morgan Chafa and Davison Ngezi, prosecutor Anesu Chirenje, magistrate Feresu Chakanyuka, ZRP Commissioner-General Stephen Mutamba, Home Affairs minister Kazembe Kazembe, and Finance ministry secretary George Guvamatanga.

Sikhala’s summons details the grounds for his claim: “The plaintiff’s claim against you jointly and severally, one paying the other to be absolved, is for damages arising from unlawful arrest and detention, malicious prosecution, and wrongful conviction in the sum of US$1 235 000 payable in the lawful local currency at the prevailing rate on the date of payment.”

The claim is broken down as follows: US$500,000 for pain and suffering; US$350,000 for unlawful detention; US$250,000 for contumelia (insult or disgrace); US$100,000 for emotional trauma and stress; and US$35,000 for legal fees.

Sikhala’s arrest on January 9, 2024, by officers Chafa and Ngezi, forms the basis of his claim. He was accused of publishing or communicating false statements via Facebook between 2020 and 2021, with the intention or realisation of causing public disorder.

However, Sikhala contends that the charge was based on a non-existent law: “He claims that he was wrongly or maliciously prosecuted by Chirenje and convicted of the crime of publishing or communicating a false statement in contravention of section 31 (a)(iii) of the Criminal Law (Codification and Reform) Act [Chapter 9:23], which law never existed then under the statute books of Zimbabwe.”

Magistrate Chakanyuka, presiding over the case, is also named as a respondent. Sikhala alleges that she “unlawfully and maliciously convicted the plaintiff for contravening a non-existent law. The conviction and sentence were effectively quashed by the High Court.”

The lawsuit further argues that Sikhala’s arrest and prosecution were unwarranted, unjustified, and malicious, lacking any legal basis for the deprivation of his liberty. His declaration states: “The arrest and detention of the plaintiff by members of the Zimbabwe Republic Police were unlawful because there was no reasonable suspicion that the plaintiff had committed the offence alleged in the indictment.”

He also asserts that the police officers acted within the scope of their employment, rendering the higher-ranking officials vicariously liable for the damages he suffered.