A bus driver of Lusaka’s Mtendere Township has dragged Special Assistant to the President for Political Affairs Kaizer Zulu to the High Court, demanding over K2 million as compensation for pain after the latter allegedly beat him up.
Joe Tembo who is seeking special damages of K554,000 and K2,500,000 compensation for pain, among other claims, stated that Zulu brutally kicked him on the jaw and head and that when he fell down, the political kicked him on the head until blood started coming out of his mouth and noise.
In a statement of claim filed filed in the Lusaka High Court yesterday, Tembo explained that on November 19 this year, around 07:00 hours, he was driving a Toyota Hiace bus and was picking up school going children in Ibex Hill.
He added that around 07:00 hours, he had picked up about eight pupils from ZAF Twin Palm and was going to pick up the last pupil when a Toyota Land Cruiser hit the bus and slid into the drainage along Twin Palm road.
“The plaintiff shall aver and prove at trial that on his way to second street Ibex Hill, he was about to turn into Avic Road and did indicate to motorists who were following him that he was about to turn and waited for an oncoming vehicle to pass. When the oncoming vehicle drove past the plaintiff’s bus, the plaintiff started turning into Avic Road and whilst turning, he heard a loud bang in the bus he was driving. He saw a Toyota Land Cruiser which hit the bus slide into the drainage along Twin Palm road,” read the statement of claim.
Tembo stated that he checked if any pupil was injured and upon being satisfied that no one was injured, he went to check on the driver of the Land Cruiser.
He stated that he saw Zulu who was seated on the driver’s seat and while on a phone call, signaled to him that he was okay.
Tembo claimed that 20 minutes after Zulu caused the accident, two motor vehicles full of huge men arrived at the accident scene and at that point, Zulu came out of his vehicle.
He stated that Zulu asked the onlookers at the scene who the driver of the bus was and when he (Tembo) identified himself, Zulu brandished a gun, pointed it at him.
Tembo further stated that at the instruction of Zulu, the men who had arrived at the scene ruffed him up and beat him until he became weak and partially unconscious, but could hear what was being said.
“The beating was so severe such that he (Tembo) could not even manage to scream and all on lookers were threatened of being shot at if they tried to come to his rescue. Zulu ordered the men who were beating Tembo to make him stand by holding his hands and head,” read the statement of claim.
He stated that when he was made to stand, Zulu brutally kicked him on the jaw and head.
Tembo added that when he was hit by Zulu, he fell again, adding that Zulu again kicked him on the head and blood started coming out of his mouth and nose.
He stated that when he opened his eyes, he found himself in Levy Mwanawasa Hospital being attended to by medical doctors.
Tembo stated that he could neither open his mouth nor talk and was advised to keep quiet as he had sustained a broken jaw and had cuts on his head.
He stated that he would aver at trial that he was referred to UTH for specialised medical treatment and had been attending hospital from the day of being inhumanly beaten by Zulu and his people, to date.
Tembo stated that he had continued to suffer severe body pains, uncontrolled headaches, had been traumatized and lived in fear as a result of Zulu’s inhuman treatment, torture and unlawful beating.
He is now claiming damages for torture, mental anguish and embarrassment, assault and battery.
Tembo further wants interest on all sums, costs and any other reliefs that the court may deem fit.