Evan Mawarire Wins $65 000 High Court Appeal Against The Zimbabwe Republic Police

By Staff Reporter
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53641
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September 18, 2020

HIGH Court judge Justice Edith Mushore has rescinded a default judgment entered against #ThisFlag campaign leader and clergyman, Evan Mawarire, who had lost his $65 000 damages claim against the Zimbabwe Republic Police (ZRP), on a technicality in June this year.

On June 8, 2020, Justice Mushore ruled against the clergyman following his failure to appear in court when the matter was set for hearing.

Mawarire had issued summons sometime in June 2018 against then Home Affairs minister, Obert Mpofu, Police Commissioner-General Godwin Matanga, Assistant Commissioner Crispen Makedenge, Detective Inspector Edmore Runganga and Detective Inspector Phiri as co-respondents seeking compensation for his unlawful arrest and detention.

Two months down the line, Mawarire again approached the High Court seeking to rekindle the matter and Justice Mushore ruled in his favour and reinstated his claim.

"Whereupon, after reading documents filed of records, and hearing counsel, it is ordered that the default judgment entered against the applicant (Evan Mawarire) on June 8, 2020 be and is hereby rescinded. The registrar shall reset the matter down for trial on the continuous roll," the judge ruled.
In the court papers, Mawarire, who was represented by the Zimbabwe Lawyers for Human Rights (ZLHR), accused the law enforcement agents of illegally arresting and detaining him on three different occasions.

"From a period extending from February 1, 2017 to November 2017, third, fourth and fifth defendants (Makedenge, Runganga and Phiri) being attested members of the Zimbabwe Republic Police and in the employ of the first defendant (Home Affairs) with no justas causa (just cause) unlawfully and wrongfully arrested and detained the plaintiff
on three different occasions," Mawarire said in his declaration.

"All his arrests ensured that he was detained in police cells and correctional facilities, including Harare Central Police Station, Harare Remand Prison and Chikurubi Maximum Security Prison. This incarceration not only hampered his freedom of movement, but also put him in danger of being attacked by actual criminals in prison who threatened him."

The clergyman added that his arrests and detentions by the police were unlawful and, as such, not actionable at law, adding that his arrest and detention on February 1, 2017 was declared unlawful by the Magistrates' Court and the High Court.

"At all material times, the arrests were motivated by malice on the part of the defendants as there was no reasonable suspicion that an offence had been committed. Plaintiff was arrested for exercising his rights in terms of the Constitution," he said.

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Truck Collision Attorney: Why You Need Expert Legal Representation After a Crash

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DUI Lawyer Near Me: How to Choose the Right Attorney After a Drunk Driving Arrest

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DUI Lawyer Near Me: What to Do After a DUI Arrest

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A DUI arrest can affect your license, job, insurance rates, criminal record, and future. It can also move fast. You may have court dates, license deadlines, paperwork, and decisions to make before you fully understand what happened.

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That is why many people search for a DUI lawyer near me after being arrested for drunk driving or driving under the influence.

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A DUI lawyer helps you understand the charges, review the evidence, protect deadlines, and build a defense based on the facts of your case.

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DUI laws vary by state, so this article is general information only. You should speak with a licensed DUI attorney in your state for legal advice.

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What Does a DUI Lawyer Do?

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A DUI lawyer may help with:

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Reviewing the police stop
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rnAnalyzing breath test or blood test results
rnChallenging testing errors
rnRepresenting you in court
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DUI cases are often technical. A lawyer may review body camera footage, breath machine records, police reports, chemical test procedures, and officer training.

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DUI vs. DWI: Is There a Difference?

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Different states use different terms.

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You may see:

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DUI: Driving Under the Influence
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The exact meaning depends on the state. Some states use DUI and DWI differently, while others use one term for the main offense.

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Why DUI Charges Are Serious

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A DUI may create both criminal and administrative consequences.

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Possible consequences may include:

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Jail time
rnFines
rnCourt costs
rnProbation
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rnEmployment problems
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The National Highway Traffic Safety Administration says alcohol-impaired driving is dangerous and helps states and communities reduce the threat of drunk drivers.

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How to Choose the Best DUI Lawyer

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1. Look for DUI Defense Experience

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Not every criminal defense lawyer focuses heavily on DUI. DUI defense often involves technical evidence, breath testing rules, traffic stop law, and administrative license procedures.

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Ask:

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How often do you handle DUI cases?
rnHave you handled cases in this court?
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2. Ask About Local Court Experience

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Local experience can matter. A lawyer who regularly appears in the court where your case is filed may understand local procedures, prosecutors, judges, and diversion options.

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3. Review Communication Style

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You need an attorney who explains things clearly.

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A good lawyer should explain:

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What you are charged with
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4. Understand the Fee

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DUI lawyers may charge flat fees, hourly fees, or staged fees.

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Ask:

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Is the fee flat or hourly?
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Get the agreement in writing.

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What to Bring to a DUI Consultation

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Bring:

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Citation or ticket
rnBond paperwork
rnCourt date notice
rnLicense suspension notice
rnPolice report, if available
rnBreath or blood test paperwork
rnVideo evidence notice
rnWitness names
rnPrior DUI history, if any
rnVehicle impound paperwork
rnInsurance information

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The more complete your documents, the better an attorney can evaluate your situation.

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Common DUI Defense Issues

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A DUI lawyer may review questions such as:

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Was the traffic stop legal?
rnDid the officer have reasonable suspicion?
rnWere field sobriety tests properly explained?
rnWas the breath machine calibrated?
rnWas the blood draw handled correctly?
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rnWas the driver actually impaired?
rnWere constitutional rights violated?
rnWere statements obtained properly?

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A defense depends on the facts. No lawyer can honestly promise dismissal before reviewing the evidence.

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Red Flags When Hiring a DUI Lawyer

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Be careful if someone:

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Guarantees dismissal
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A serious DUI lawyer should be honest, not just comforting.

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Final Thoughts

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A DUI lawyer can help you understand your rights, protect deadlines, review evidence, and fight for the best available outcome based on the facts.

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If you were arrested for DUI, do not ignore court notices or license deadlines. Get organized, keep your paperwork, and speak with a qualified local DUI attorney as soon as possible.