THE ZIMBABWE Lawyers for Human Rights (ZLHR) on Friday served the police with a letter of intention to sue following an accident that almost killed 16 passengers after a cop threw spikes in front of a moving commuter omnibus more than two weeks ago.
SILAS NKALA STAFF REPORTER
Four of the passengers who were seriously injured in the accident— Esnath Phiri, Immaculate Ndlovu, Nokuthula Mabhena and Ntandoyenkosi Nkomo — are still admitted at Mpilo Central Hospital’s ward C1.
Their relatives engaged ZLHR last week seeking assistance to sue the police and demanding compensation for injuries.
ZLHR lawyer Lizwe Jamela confirmed on Saturday that he had served the police with the notice to sue.
“We served the police with the notice of intention to sue them on Friday,” he said.
“This will later be followed by a lawsuit after several considerations on the effects and costs of the accident on victims.”
Ndlovu, Phiri, Mabhena and Nkomo were seriously injured on March 12 along Khami Road in Bulawayo after the minibus they were travelling in overturned when spikes thrown in its path deflated its wheels.
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The notice for intention to sue was also copied to Commissioner-General Augustine Chihuri and Home Affairs minister Kembo Mohadi.
Jamela wrote in the notice that the police showed gross negligence in throwing spikes in front of a moving commuter omnibus full of passengers.
“The police actions led to the vehicle’s tyres being deflated and consequently the driver of the vehicle lost control of the vehicle which overturned and innocent passengers were injured in varying degrees as a consequence of the accident,” he said.
“As much as I understand the law enforcement mandate of the Zimbabwe Republic Police, its officers acted in a very unreasonable way under the circumstances.”
He said there were several ways the driver of the commuter minibus could have been pursued or apprehended without endangering the lives of innocent passengers.
Jamela said the four victims had been exposed to huge medical bills in addition to the pain and suffering they continued to go through as a result of the accident which could have been avoided had the police officers acted reasonably and responsibly.
“We thus are of the view that you should take responsibility for the actions of your officers,” she wrote in the letter.
Jamela gave the police 14 days to respond.
