deaths of the four persons only arises after a competent court has pronounced
that the actions by the state agents exceeded reasonable force that would have
been applied in the circumstances and in the case of Lameck Chemvura it
must first be proved that it was indeed the army officer arrested whose
actions resulted in his unfortunate death.
79. The Respondent State notes that in the case of Beaven Tatenda Kazingachire,
the State accepted responsibility and paid out compensation in accordance
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with the laws of Zimbabwe „on an without prejudice basis‟. The Respondent
State further notes that the actions of the state agents are however yet to be
determined by a competent court on whether they were lawful, or not in the
criminal trial.
80. The Respondent State points out that the death of Lameck Chemvura does
not involve the issue of whether reasonable force was used or not against the
deceased but is a question of the identification of the assailants whose actions
were criminal and it is upon the conviction of the assailants that the issue of
compensation may arise.
81. The Respondent State makes reference to G. Feltoe‟s book “A Guide to the
Zimbabwean Law of Delict” (Second Edition) which authoritatively states the
law regarding compensation for wrongful death. According to the
Respondent State, it is clear that the law on claim for damages does not
support claims for the wrongful death of a person per se. The Respondent
State submits that for one to succeed in a claim for damages situations where
persons are wrongfully killed, the claimant must prove loss of support.
82. The Respondent State points out that the domestic law provides for
compensation for the loss of support and funeral expenses, but does not
provide for loss of companionship or bereavement as is the case with the
United Kingdom‟s Fatal Accident Act of 1976. It notes that in Zimbabwe,
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