Brave widow’s court victory sets precedent on state brutality
By Tererai Karimakwenda
26 October 2006

A woman who sued the government for damages after her husband and two others were killed in gunfire during a workers strike 5 years ago won a significant judgement in the High Court on Wednesday. Joyce Mwachinduka, who lost her husband Samuel Masiyatsva, accused the police and army troops of firing teargas and live rounds as they attempted to disperse thousands of protesting workers at ZISCOSTEEL on August 7, 2001. The government claimed the cause of death was accidental fire that was sparked as police and soldiers fired into the air with automatic rifles. But the court ruling released Wednesday found the police and army lied about their actions.

Lucia Matibenga, first vice president of the umbrella labour group ZCTU, hailed the decision as an important precedent that will encourage workers to bring other cases of state sponsored brutality to court. Matibenga herself and several ZCTU leaders were tortured severely in September while in police custody. They had been arrested for organising peaceful protests demanding better conditions for workers.
Matibenga said the widow’s victory vindicated ZCTU officials who have for years now accused riot police and the army of using excessive force and intimidating tactics against workers and labour organisations. She said the police should protect peoples’ rights rather than inflict harm on them. She added that the army has no role in dealing with workers’ issues. The ruling, she said, brings a bit of hope for officials and their affiliates, particularly at ZISCOSTEEL. She believes other victims may now be moved to argue their cases in court.
Matibenga had nothing but praise for Joyce Mwachinduka, the widow whose case has set this positive precedent. She said the Z$ 2 million she was awarded in damages is in no way adequate compensation for losing her husband. But it is Mwachinduka’s courage and determination, and the message she has sent to the authorities that they will be taken to task, that are significant. In a direct message to the widow, Matibenga said: “The union where your husband belonged will always be a place where you can run to for moral support and other support.”

Home Affairs Minister Kembo Mohadi, Police Commissioner Augustine Chihuri, Defence Minister Sydney Sekeramayi and army commander Phillip Sibanda were all defendants in this case. Justice Francis Bere ordered them to jointly pay the damages.