Transport and Infrastructural Development Minister Felix Mhona has been ordered to pay more than ZWL$500 000 in damages for negligence to a Chitungwiza resident by a Harare magistrate.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), the resident, 39-year-old Shepherd Chishiri, sustained injuries when he fell into an uncovered roadside trench at Mbudzi roundabout in Harare.
Chishiri, with the assistance of ZLHR’s Tinashe Chinopfukutwa, sued Mhona and the City of Harare for damages arising from negligence.
He argued that the City of Harare and the Minister of Transport and Infrastructural Development breached their duty of care by leaving the roadside trench unmarked and uncovered.
Chishiri claimed that he broke his right leg and had to undergo an operation in hospital at his own expense after he fell into an uncovered roadside trench at Mbudzi roundabout along Simon Mazorodze road in Harare.
The incident occurred on 23 February 2020 in the evening after Chishiri had disembarked from a commuter omnibus.
Chishiri told the court that he suffered a nine per cent permanent disability.
He said following the injury, he cannot play football, his favourite sport anymore and can no longer continuously drive a vehicle.
The Magistrate ordered Mhona to pay Chishiri ZWL$506 949 broken down as ZWL$200 000 as damages for pain and suffering, ZWL$250 000 being damages for future medical expenses, ZWL$50 000 for loss of social amenities in life and ZWL$6 949 being special damages for medical expenses incurred.
Mhona was also ordered to pay US$1 470 as special damages to cover some medical expenses which Chishiri incurred.
Mhona, through his lawyers from the Attorney General’s Office, told the court that he was not opposed to Chishiri’s application and would abide by the court’s decision.