A Victoria Falls man is suing one of the country’s leading retailers TM Pick n Pay Zimbabwe for damages amounting to US$5,000 as compensation for malicious arrest, detention, and prosecution.
This follows after the man, Farai Chakawa was recently acquitted at the Harare Magistrates Court after standing trial on charges of disorderly conduct.
The charges stemmed from an incident where Chakawa was arrested by an employee of TM Pick n Pay Zimbabwe who tried to prevent him from purchasing goods at one of their retail shops in Harare.
The Incident
In April 2023, Stanford Nyamukoroso, an employee of TM Pick n Pay Zimbabwe, approached Chakawa at the TM Pick n Pay Joina City retail shop in Harare.Nyamukoroso informed Chakawa that he was not allowed inside the supermarket and when questioned, he stated that it was an arbitrary decision.
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However, as Chakawa was leaving the counter, Nyamukoroso forcibly grabbed him, handcuffed him, and took him into a private room.
Nyamukoroso then informed Chakawa that he would be detained in a police cell for purchasing goods against his will. Chakawa was taken to Harare Central Police Station where he was charged with disorderly conduct.
He argues that there was no probable cause for Chakawa’s arrest and that Nyamukoroso acted with premeditated malice.
Chinopfukutwa holds TM Pick n Pay Zimbabwe vicariously liable for the actions of their employee and states that failure to comply with the demand will result in legal proceedings being initiated against the company.
Nyamukoroso then informed Chakawa that he would be detained in a police cell for purchasing goods against his will. Chakawa was taken to Harare Central Police Station where he was charged with disorderly conduct.
Legal Action and Compensation
Chakawa has sought legal representation from Tinashe Chinopfukutwa of Zimbabwe Lawyers for Human Rights. Chinopfukutwa has written a letter of demand to TM Pick n Pay Zimbabwe, alleging malicious arrest, detention, and prosecution and demanding compensation amounting to US$5,000.He argues that there was no probable cause for Chakawa’s arrest and that Nyamukoroso acted with premeditated malice.
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| Shopping Spree Turns Into Legal Showdown As Customer Demands US$5k From TM Pick n Pay Zimbabwe |
The compensation is intended to cover the damages suffered by Chakawa as a result of the employee’s unlawful actions.
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