Compensation for unlawful arrest and detention in Zimbabwe

An arrest or detention can either be unlawful or lawful. The delict of unlawful arrest and detention is well settled in Zimbabwe. Resultantly in Zimbabwe any person is able to bring an action in respect of unlawful arrest and detention against a police officer, other uniformed forces, and even against private individuals.

Furthermore, section 50 (9) of the Constitution of Zimbabwe Amendment (No 20) Act, 2013 provides that ‘any person who has been illegally arrested or detained is entitled to compensation from the person responsible for the arrest or detention.’

Therefore, any person who has been unlawfully arrested and detained either by a police officer or other members of the uniformed forces are entitled to compensation from the person responsible for the arrest and detention. One can also be compensated for unlawful arrest and detention necessitated by a person or even company.

Special damages also known as punitive damages as well as general damages for the loss of freedom are claimable in Zimbabwe in actions for unlawful arrest and detention.