75. An inquest was conducted by a Magistrate. The Magistrate ruled that death
was caused by a gunshot wound but that “nobody is to be prosecuted as the
accident was justified”. The Attorney General confirmed the magistrate‟s
decision and closed the case.
76. In the case of Lameck Chemvura, the Respondent State submits that the army
officer suspected to have been part of the group of soldiers that caused his
death was arrested and is going to be prosecuted in accordance with the law.
AC
HP
R
The Respondent State further submits that it is not responsible for the death
of Lameck Chemvura as the incident was as a result of the unsanctioned
activities by the members of the army.
77. The Respondent State notes that the deaths of the four persons mentioned in
this Communication in one way or another was as a result of action on the
part of state security officers, i.e. the police and army. According to the
Respondent State, it is not an issue that the deaths of Beaven Tatenda
Kazingachire, Munyaradzi Never Chitsenga, and Batanai Hadzisi occurred as
a result of police actions whilst they were carrying out their duties. Neither is
it an issue that the death of Lameck Chemvura is alleged to have been as a
result of actions taken by members of the army. Furthermore it is not an issue
that the Government of Zimbabwe took action against the Government
officers whose actions resulted in the deaths of the four persons. It is the
Respondent State‟s submission that the officers involved were all arrested
and would be prosecuted in accordance with the laws of Zimbabwe.
78. The Respondent State submits that since the officers have not yet been
prosecuted it would therefore be improper to conclude that the deaths of the
four deceased persons were wrongful as no court has pronounced a judgment
on the lawfulness or otherwise of the actions of the government officers.
According to the Respondent State, the issue of the wrongfulness of the
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