Manfred Hodson Hall where there were three other students. It is alleged
that upon entering the room, the police officers beat the students with
truncheons and Batanai Hadzisi was taken to the hospital with injuries
sustained from the assault. The Complainant alleges that Batanai Hadzisi
was pronounced dead on arrival at the hospital.
11. The Complainant submits that an inquest was held with respect to Batanai
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Hadzisi, and the Magistrate ruled that the police were to blame for the
death of the deceased. The Complainant submits that a police officer,
Tobias Sharara, was charged with the murder of the deceased.
12. The Complainant argues that under Zimbabwean law, there is a limited
number of causes of action which arise out of the death of a person by the
wrongful act of another. It states that the legal heir of the deceased person
can claim medical, hospital and funeral expenses. The Complainant
further states that the dependents of the deceased can also claim
compensation for the pecuniary loss they have suffered in consequence of
the death of a person who maintained or had an obligation to maintain
them. It states that there is absolutely no possibility of arguing for the
extension of the existing law to afford solatium damages to relatives of the
deceased person.
13. The Complainant submits that in the present case, the parents and heirs of
deceased persons are not able to institute court action against the police
and claim damages for the loss of their children in consequence of the
position of the law in the Respondent State. The Complainant submits that
a cause of action for damages in cases of bereavement can only be
established through legislative intervention. The Complainant further
submits that the failure of the Respondent State to pass legislation or to
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