Mutsekwa sued $170 000 for assault

HARARE - Giles Mutsekwa, a former Housing minister, has been sued for $170 000 for his involvement in the assault of an MDC councillor in the run-up to the July 31 vote.

In a matter that has been brought before the High Court, Crispen Dube, an MDC councillor for ward 9 in Mutare, is suing Mutsekwa for $20 000 for pain and suffering and $150 000 for contumelia — a deliberately offensive act or something producing the effect of deliberate disrespect.

Dube, through his lawyers Mupanga Bhatasara Attorneys, is claiming damages after he was assaulted by first defendant Kingstone Mutandi, a driver at Mutare City Council; second defendant Raphael Mutandi, a member of Mutsekwa’s security team; third defendant Lovemore Nhamarare, a councillor and ceremonial Mutare mayor, and Mutsekwa. 

The March 7 High Court papers say Dube was assaulted by the three acting on instructions from Mutsekwa.

“On the 6th of June 2013, plaintiff was assaulted by the first to third defendants on the instruction of the fourth defendant at the corner of 1st and Robert Mugabe Road, Mutare,” reads the summons.

“Alternatively, the fourth defendant created the situation resulting in the assault of plaintiff. He further did not prevent or restrain first to third defendant from assaulting plaintiff despite having a legal duty to do so.”

Dube reported the assault to the police, leading to the arrest of Mutsekwa and company. They were later tried at the Mutare Provincial Magistrates’ Courts, where the first defendant was found guilty and subsequently ordered to pay a fine.

Dube was treated at Mutare Provincial Hospital but was later referred to Murambi Gardens Clinic for specialist dental care as five of his front teeth were knocked out during the assault.

He used his medical aid to cover the costs of his treatment and is now seeking compensation from the four, who he says are liable for the cost of his treatment.

The ward 9 councillor says as a result of the assault, he can no longer take cold water or drink hot tea and is now taking pain killers constantly to relieve pain from his damaged teeth.

“Plaintiff is still experiencing chest pains for which he also uses pain killing tablets often,” the court papers read.

“He is no longer able to do any manual work. He hires people every time he has any manual work to be done.”

Dube is also claiming $83 which he lost during the assault on the fateful day as well as the cost of the law suit. The defendants have been given 10 days to respond to the suit.

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