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Cde Ignatius Chombo

Mashudu Netsianda, Senior Court Reporter
PROMINENT Esigodini gold dealer, Mr Baron Dube is suing Home Affairs Minister Cde Ignatius Chombo and the police for $30 000 in damages for unlawful arrest and detention.

Dube (45) and Mthulisi Ngwenya (36) were arrested in July this year and spent six days in remand prison awaiting bail for allegedly inciting public violence following clashes between two rival groups that the two were leading.

The pair was later acquitted by Esigodini resident magistrate Mr Lungile Ncube after charges were dropped at the behest of the State.

The two were accused of being ring leaders of rival groups that were in July involved in a seven-hour street fight in Habane suburb in Esigodini over the control of goldfields.

Dube, through his lawyers, Mutendi, Mudisi and Shumba Legal Practitioners, on Thursday filed summons at the Bulawayo High Court citing Minister Chombo, Police Commissioner-General Augustine Chihuri and the officer-in-charge of Esigodini                     Police Station, Inspector Socrates Chigumbura as defendants.

Dube is seeking an order compelling the defendants to pay him $30 000 being damages for pain and suffering he allegedly endured between July 28 and August 5 this year following his unlawful arrest and detention at Esigodini Police Station.

In papers before the court, Dube said he was arraigned before the courts on falsified charges of inciting public violence.

“On July 29, 2016, I was brought before Esigodini magistrate on false charges of inciting public violence and was remanded in custody to August 5, 2016. I made an application for bail pending trial and the third defendant (Insp Chigumbura) through his investigating officers vehemently opposed it, but the application was however, upheld in my favour,” he said.

Dube, who has gained cult status among gold panners, said the charges were later withdrawn before plea due to lack of evidence.

“The third defendant was acting within the scope and course of his employment as a police officer at all material times when his conduct resulted in my unlawful arrest and detention. As a result, I suffered total damages of $30 000,” he said.

Charges against Dube and Ngwenya were that on July 28, they were involved in skirmishes at Habane business centre over the control of goldfields.

The fight arose between illegal gold panners from Filabusi who were allegedly led by Dube while the other miners from Nkayi were said to have been led by Ngwenya.

A number of gold panners were arrested including Dube and Ngwenya, the alleged ringleaders.

Dube was granted $800 bail while Ngwenya paid $300, which they have since been given back after the charges were withdrawn. — @mashnets