BULAWAYO – A Zimbabwean businessman detained without trial for eight days in Zambia last year has won a damages claim for wrongful detention.
Sikhumbuzo Manduna, owner of South Africa-registered Andiswa Phakade trucking company, was seized by police at the Chirundu border post between Zimbabwe and Zambia on August 23 after officials said the Ford Ranger he was driving was stolen.
At the time, Manduna was on his way to Lusaka monitoring his haulage trucks.
Through his lawyers Milner & Paul Legal Practitioners, Manduna sued for wrongful detention, loss of business, inconvenience and special damages.
The defendants in the matter were Rodgers Chomba, a senior police official and the Attorney General of Zambia.
Zambian high court judge Justice Kaunda Newa handed down judgement in favour of Manduna and referred the matter to the deputy registrar of the court to assess the amount of damages.
An order granted by the judge said: “Judgement be and hereby entered in favour of the plaintiff for the following reliefs: damages for wrongful detention, damages for loss of business, special damages and damage for inconvenience.
“The matter be referred to the deputy registrar for assessment of damages payable to the plaintiff. That the sums due to the plaintiff shall carry interest and the plaintiff’s costs shall be agreed by the parties and in default of agreement to be taxed.”
Manduna said although happy with the verdict, damages to his reputation as a businessman will never be repaired.
“I feel a bit vindicated and exonerated but the dent it put on my reputation will never be repaired. How could someone who owns a fleet of haulage trucks be accused of stealing a car and be caged for straight eight days without trial?”
