TM Pick n Pay sued US$30k by customer

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TM Pick n Pay Joina City is being sued US$30 000 by a Victoria Falls resident, Farai Chakawa who is demanding damages for causing his unlawful arrest and malicious prosecution over unfounded allegations of pilfery.

Chakawa, according to court papers, in April last year visited Harare.

When he was in the capital city he went to TM Pick n Pay Joina City where he was arrested by an employee, Stanford Nyamukoroso who had unsuccessfully tried to block him from purchasing some goods.

The court heard that Nyamukosoro told him that he was not allowed inside the retail supermarket.

Chakawa queried why he was not being allowed in the retail outlet and was told that this was because he had arbitrarily decided to just do so.

A cashier at the liquor store counter, located within TM Pick n Pay Zimbabwe Joina City retail shop, pleaded with Nyamukoroso to let Chakawa purchase what he wanted and he eventually bought a soft drink and his bottle of whisky.

“As Chakawa was leaving the counter, Nyamukoroso grabbed him by the waist while holding him by his belt and pulled him into a private room, where he handcuffed him and subsequently advised him that he was going to be detained in some Zimbabwe Republic Police (ZRP) cells that day because he had purchased goods in a TM Pick n Pay Zimbabwe retail outlet against his will.

“Nyamukoroso then took Chakawa to Harare Central Police Station, where he was charged with disorderly conduct and asked to pay a fine for disorderly conduct,” wrote his lawyers.

Chakawa declined to pay the fine protesting that he had not committed any offence.

He was subsequently detained at Harare Central Police Station for two days before being taken to Harare Magistrates Court, where he stood trial on charges of disorderly conduct.

But in May 2023, criminal proceedings brought against Chakawa were terminated after he was acquitted of charges of disorderly conduct.

After the acquittal, Chakawa engaged Tinashe Chinopfukutwa of Zimbabwe Lawyers for Human Rights, who on Wednesday 10 January 2024, filed summons at Harare Magistrates (Civil) Court against TM Pick n Pay Zimbabwe, Nyamukoroso, ZRP Commissioner-General Godwin Matanga and Home Affairs, Cultural and Heritage Minister Kazembe Kazembe.

Chakawa demanded compensation amounting to US$30 000 for causing his unlawful arrest, detention, malicious prosecution and humiliation.

A total of US$10 000 will be damages for malicious prosecution, US$10 000 will be damages for unlawful arrest and detention while US$10 000 will be damages for humiliation, embarrassment and affront to dignity as a result of the unlawful arrest, detention and malicious prosecution.