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Senior Court Reporter
A Bulawayo transgender woman, who was last year arrested for allegedly using a ladies’ toilet at a local hotel, is suing the police and the man who reported her for a total of $10.8 million over the incident. Ricky Eugene Nathanson, who is thought to be a man, is demanding $2.7 million each from Home Affairs Minister Kembo Mohadi, the officer-in-charge of ZRP Bulawayo Central, Police Commissioner-General Augustine Chihuri and the person who reported her.

According to the summons filed at the Bulawayo High Court, Nathanson is the plaintiff while, the officer-in-charge of Bulawayo Central Police Station, Comm-Gen Chihuri, Mohadi and Farai Mteliso were cited as defendants.

Nathanson, 49, was charged and subsequently acquitted of charges of criminal nuisance after the court ruled that prosecutors had failed to prove their case.

She is suing the defendants for violation of her constitutional rights and damages caused by unlawful arrest, detention, malicious prosecution and emotional distress and contumelia. Bulawayo magistrate Abednico Ndebele ruled that it was not a crime for a man to enter a toilet for females or the other way round.

Nathanson, who runs a modelling agency in the city, in her summons said: “On January 16, 2014, I was publicly arrested by six police officers in riot gear and removed from the bar and taken to Bulawayo Central Police Station. The arrest was at the instigation of Mteliso herein who acted without just, reasonable or probable cause, and maliciously.”

Nathanson alleged that Mteliso made a false report to the police after he tried and failed to extort money from her.

“I was escorted by police to Bulawayo Police Station where they forced me to strip as way of verifying my gender and I was subjected to insults and slurs by police officers. While in custody, I was also taken to United Bulawayo Hospitals where I was again forced to strip and undergo medical examination,” she said.

“I was subjected to humiliating questioning, viewing and morbid curiosity by medical personnel at the hospital.”

Nathanson said she was detained for 48 hours before being taken to court.

“The conduct by the defendants was extremely abusive, malicious, indifferent and uncaring and therefore exemplary damages must be awarded as a result of my unlawful arrest and malicious prosecution. I was deeply humiliated and injured emotionally wherefore I claim as against all the defendants jointly and severally the one paying the others to be absolved,” she said.

According to the court papers, Nathanson is demanding from each defendant $100,000 for wrongful arrest, $100,000 (wrongful detention), $100,000 (malicious prosecution), $300,000 (emotional distress and contumelia), $100,000 (exemplary damages) and $2 million for constitutional damages.

Justice Martin Makonese last week granted Nathanson leave to effect service of summons upon Mteliso through substituted service by placing an advertisement in Chronicle.

The judgment follows a chamber application by Nathanson who sought a court order to serve summons upon Mteliso after she failed to locate his residential and business addresses.

“On occasions I do bump upon Mteliso in city spots and streets, but I have despite diligent efforts, not been able to establish his place of abode or business and as such I have failed to establish his address of service. My efforts to prosecute my claim timeously and to finality have been hamstrung by my failure to locate his address so that summons could be effected on him so as to afford him an opportunity to defend himself,” said Nathanson in the application.

In terms of Order 6 Rule 44 of the Rules of the High Court, in the event that an applicant fails to locate respondent’s address to serve summons, they can make an application seeking leave to serve summons by substituted services.

Once the summons are published in the newspaper, the respondent has 30 days to file a notice to defend.