Top Lawyer’s Son Sues Kazembe For $8m For Unlawful Arrest

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By Mary Taruvinga

A TOP lawyer’s son, Simon David Drury is suing Home Affairs minister Kazembe Kazembe, $8 million for causing his arrest in 2019.

He is the son of David Drury, a Harare top lawyer.

In the summons filed with the High Court, Drury said he endured pain and suffering during his unlawful arrest and prosecution.

He was jointly charged for public nuisance with other eight human rights activists including rights lawyer, Doug Coltart.

They landed in trouble for demonstrating against Finance Minister Mthuli Ncube on August 23 2019 at New Government Complex.

All the suspects were, however, were acquitted after being found not guilty by Harare Magistrate Rumbidzai Mugwagwa on August 21 2020.

Drury is demanding $8 million in damages stating he endured long hours of pretrial detention before he went through trial

“Plaintiff’s claim against the defendants is for payment of the sum of $8 million jointly and severally, the one paying the other to be absolved being damages arising out of malicious prosecution of the plaintiff by the defendants for the period extending from the 23rd of August 2019 to the 21st of August 2020,” reads his summons.

Also cited as respondents are; Police Commissioner-General Godwin Matanga and Prosecutor-General Kumbirai Hodzi.

The state had alleged that Drury was a member of the Amalgamated Rural Teacher Union of Zimbabwe (ARTUZ) who were demonstrating against the Finance minister.

It was alleged that he was singing and dancing while carrying a miniature coffin and a wooden cross.

Drury said he was detained for seven hours and further detained overnight before he was taken to court for initial remand on August 24, 2019.

“Plaintiff suffered damages because of defendants’ conduct in the sum of $8 million being contumelia, depression, deprivation of freedom and discomfort,” read court papers.

His alleged accomplices included; Coltart, ARTUZ  leader Obert Masaraure, Gerald Tavengwa, Godfrey Chanda, Andrew Munguri, Nation Mudzitirwa, Shepherd Tazvivinga, Tryvine Musokeri and Simon Drury.

They were protesting under the theme; “Pay Day Funeral.”

The demonstrators allegedly gathered to “mourn the deaths” of their salaries and poor working conditions; and standards of living.

Prosecutors said the ARTUZ members interfered with the ordinary comfort, convenience, peace, or quiet of the public by creating a nuisance or obstruction through singing and dancing while carrying a miniature coffin and a small wooden cross.

The case is yet to be heard.