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Mashudu Netsianda, Senior Court Reporter
A ZVISHAVANE-based businessman, who was recently acquitted on charges of allegedly kidnapping and pointing a firearm at a traffic police officer, is now suing the cop for more than $27,000 for unlawful arrest.

Luxson Zondo has filed summons at the Bulawayo High Court citing the traffic cop, Learnmore Magaya, as the defendant.
Zondo, through his lawyers, Dube-Banda, Nzarayapenga and Partners, said he incurred financial loss and suffered during the month-long trial emanating from wrongful accusation and malicious conduct by Magaya.

Zondo was being accused of kidnapping Magaya at a roadblock in Esigodini along the Beitbridge-Bulawayo road and pointing a firearm at him as he allegedly refused to comply with the cop’s orders.

“On March 9, 2016, at the instance of the defendant, wrongful and malicious criminal proceedings were instituted against me by Magaya on charges of contravening the Road Traffic Act, the Firearms Act and kidnapping. I was subjected to the rigors of standing trial from March 10, 2016 to April 5, 2016 at the Esigodini magistrate’s court and I was subsequently found not guilty on all charges and acquitted,” said Zondo.

The businessman said he incurred financial loss when he sought legal representation and suffered humiliation and the indignity of being condemned for a crime he did not commit.

Zondo wants Magaya to pay damages: $7,400 for legal costs and $20,000 for general damages for the humiliation, loss of reputation and good name and economic loss as a result of Magaya’s alleged malicious and wrongful accusation.

He also wants the court to order the traffic cop to pay the money with interest calculated from the date of the issue of summons to the date of full and final payment. Zondo is also seeking an order that compelling Magaya to pay the cost of suit. Magaya has not yet filed opposing papers.