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A WOMAN, whose car was petrol bombed and destroyed beyond repair in the violent MDC-organised stayaway in March, is suing the opposition party and others who supported the mass action for $5,5 million in damages. The woman, Ms Clarisa Muchengeti, yesterday applied to the High Court seeking damages of up to $5,5 million from the MDC, the Zimbabwe Congress of Trade Unions and the Associated Newspapers of Zimbabwe, publishers of the Daily News. In papers filed by her lawyers Muzangaza, Mandaza and Tomana, Ms Muchengeti said the MDC organised the stayaway while the ZCTU and the Daily News encouraged and supported it. "On the 19th of March 2003 and in response to the call for the illegal demonstration plaintiff’s (Ms Muchengeti) motor vehicle a Mazda B1800 valued at $5,5 million was petrol bombed and destroyed beyond salvage by a gang of youths who heeded the call for the illegal demonstration," the lawyers said in the application, the first of its kind. Legal experts said the case would open a flood of lawsuits by those prejudiced or inconvenienced by the illegal MDC mass action on March 18 and 19 and the ZCTU-organised job stayaway on April 22 and 23. They said some of the lawsuits would be filed not just against the organisations that called for the stayaways but those who encouraged and supported the demonstrations. There were also indications that black businesses and traders who lost hundreds of millions of dollars worth of property and those who sustained injuries were planning to sue the MDC. The MDC-organised March stayaway left a trail of destruction when its youths went on the rampage burning buses, stoning shops, detonating dynamites on bridges, attacking security forces, traumatising pre-school children by burning their bus while they watched and looted. It could not be ascertained whether the Zimbabwe United Passenger Company and indigenous bus companies whose buses were burnt would be suing the MDC for damages. Under the Public Order and Security Act, organisers of any demonstration not sanctioned by the police which results in damage to property, injury or death are liable to both criminal and civil legal action. The Labour Relations Amendment Act makes employers and employees who threaten, recommend, encourage, incite, organise or engage in an unlawful collective job action liable to legal action by those affected by their actions. The ZCTU organised an illegal mass job stayaway on April 22 and 23 saying it wanted the Government to reverse fuel price increases. Ms Muchengeti’s lawyers said as a result of the illegal MDC stayaway in March and subsequent petrol bombing of her car, their client suffered damages to the tune of $5,5 million. She wants the three defendants to jointly or severally pay her $5,5 million, interest at the prescribed rate from March 19 to the date of the final payment and costs of the suit. Sources in the legal fraternity yesterday said a number of classes of people including cross-border traders and farmers who were affected by the MDC and ZCTU organised stayaways planned to sue for damages. "I know of a colleague who is preparing a Class Action suit on behalf of people affected by the stayaways," said one Harare lawyer. Some farmers lost their produce which they had taken to Mbare Msika because vendors failed to get to the market to buy it for re-sale after commuter omnibuses withdrew their services, either after being paid by the MDC or fearing that their vehicles would be targeted in attacks by the opposition youths. There were also unconfirmed reports that some people were contemplating suing the Bankers Association of Zimbabwe and individual banks who denied them access to their money during the ZCTU job stayaway after they failed to open for business. Banks closed citing security reasons which authorities have however dismissed as baseless because none of the financial institutions sought protection from security forces. "The MDC, the ZCTU and those associated with them have said a lot about the rule of law and it is only fair that the victims of pro-rule of law activists seek recourse through the legal system. "The problem is that these people claim they want peace, democracy and the rule of law yet every time they call for a demonstration it turns violent. "People are now using the law to protect themselves," said the Harare lawyer. A political analyst said the "so-called demonstrations were a Harare affair" because Zimbabwe was bigger than Harare and the majority of people lived in rural areas. "The few who want to demonstrate are free to do so but must not impede on the majority who want to continue with their daily lives working for their families. "The demonstrations are intended for diplomats in Harare and the international media," the analyst said. The
Mulindwas Communication Group
"With Yoweri Museveni, Uganda is in anarchy" Groupe de communication Mulindwas "avec Yoweri Museveni, l'Ouganda est dans l'anarchie" |
