Parent Of Baby Killed By A Kombi Demands US$510 000 As Compensation

Patricia Dengezi, a vendor in Harare, is suing the Zimbabwe Republic Police (ZRP) for US$510 000 after her one-year-old son was killed by a commuter omnibus (kombi) that was evading police in 2017.

On April 17, 2017, the commuter omnibus being driven by Munyaradzi Nyamaruru also severely injured Dengezi.

Court papers say Dengezi was at her vending site with her one-year-old son when they were hit by the kombi and the son died on the spot.

Nyamaruru was driving against oncoming traffic.

The vehicle had a third-party insurance policy cover with Champions Insurance.

Dengezi approached the courts a year after the incident on April 9, 2018, seeking US$510 000 compensation for her injuries and the death of her son.

In response to her summons, the police cited section 70 of the Police Act which sets the prescribed period of eight months for any person to institute civil proceedings against the police.

Police offered $2 000 from Champions Insurance.

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She then filed an application seeking a referral of her case to the Constitutional Court.

High Court judge Justice Elijah Makomo upheld her request saying “the request to refer to the constitutional question on the constitutionality of section 70 of the Police Act is not frivolous or vexatious.”

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