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Law firms wrangle over US$57 000 stash – NewsDay

BY DESMOND CHINGARANDE
MTETWA and Nyambirai Legal Practitioners have been ordered to stop disbursing US$57 000 cash that was found in one of their strongrooms during investigations into theft of over US$32 million in trust funds.

Police found the cash in a strongroom at Mtetwa and Nyambirai Legal Practitioners chambers while investigating a case of theft of trust funds by the firm’s accountant Tendai Murambiza.

The matter spilled to court after Rugwandi and Rujuwa Legal Practitioners claimed ownership of the money saying they had given it to Murambiza for safekeeping.

Rugwandi told the High Court that Mtetwa and Nyambirayi, while acknowledging that the money was not part of what was alleged to have been stolen by Murambiza, were insisting on finding out why it was in their safe.

He further submitted that Mtetwa wanted to use the money to offset what her law firm is owed by Murambiza.

Rugwandi and Rujuwa listed Mtetwa, Tawanda Nyambirai, Mzokuthula Mbuyisa, Douglas Coltart and Murambiza as respondents.

They sought an interim order to compel Mtetwa and Nyambirayi to deposit US$57 000 in hard currency with the Registrar of the High Court pending the finalisation of the case.

They also wanted Mtetwa and Nyambirayi Legal Practitioners and its staff interdicted from using or disbursing the cash.

High Court judge Justice Bachi Mzawazi granted the relief sought.

“Further, one cannot set-off a debt owed between two parties on money belonging to a third party not privy to the credit agreement. The respondents have been aware that the money was entrusted to the fifth respondent,” Mazwazi ruled.

“What the applicants are simply stating is that we sought safe custody in your strongroom, albeit without your knowledge and consent. We still feel it is safe for that money to be in your strongroom pending the resolution of the source of dispute now that you are aware.”

He added: “However, respect that money, do not assert any claims to it, until a court of law decides on whether to release the money and to whom it is to be released. Accordingly, the application for an interim dissipation order succeeds in part.”

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law an courts

Woman wins back Land Rover vehicle – NewsDay

HIGH Court

BY DESMOND CHINGARANDE
HIGH Court judge, Justice Catherine Kate Bachi-Mzawazi has ordered a Harare car dealer to surrender to a Harare woman a Land Rover Discovery vehicle at the centre of an ownership dispute.

The woman bought the vehicle for US$10 000, but the vehicle seller then made a false report that his vehicle had been stolen hoping to swindle the woman.

Court papers state that Chipo Christian Garapo bought the vehicle from car dealer Forbids Nyerere who had been instructed to sell the car by its owner only known as Brighton.

However, after she paid for the vehicle in November 2019, Brighton lodged a false police report saying his vehicle had been stolen in the hope of stopping transfer of ownership of the vehicle to Garapo.

Police investigations revealed that the vehicle was not stolen, prompting police to order the Central Vehicle Registry (CVR) to remove the vehicle from the blacklist.

In her ruling, Bachi-Mzawazi averred that the agreement of sale was never challenged, meaning that it was a valid transaction as it was immediately followed by the delivery of its ignition keys and customs entry documents.

“In that regard, I am satisfied that the applicant has substantively and evidentiary established a clear right of ownership of the vehicle emanating from the sale,” Bachi-Mzawazi ruled.

She said the Sheriff of the High Court must sign all necessary documents to facilitate registration of the vehicle in Garapo’s name.

“If the first and second respondents fail to comply with the terms of this order within seven days, costs will follow the law suit,” she said.

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law an courts

Kazembe, Matanga Escape Jail – ZimEye – ZimEye – Zimbabwe News

Kazembe, Matanga Escape Jail

24 May 2022

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By-Home Affairs Minister Kazembe Kazembe and the Zimbabwe Republic Police (ZRP) Commissioner-General Godwin Matanga have been spared from going to prison after paying ZWL$140 000 to a woman who police officers teargassed in 2019.

In 2019, a Harare magistrate ordered Kazembe and Matanga to compensate the woman but they have been avoiding doing so for the past three years.

They only compensated the woman recently after she filed an application at the High Court seeking an order for contempt of court against the duo in 2021.

A statement issued by the Zimbabwe Lawyers for Human Rights (ZLHR) on the matter reads:

NEGLIGENT ZRP PAYS THE PRICE FOR TEAR-GASSING WOMAN

ZIMBABWE Republic Police (ZRP) has paid more than ZWL140 000 as compensation to a Harare woman who was tear-gassed by some law enforcement agents three years ago.

Fifty-eight-year-old Mavis Muzari was left nursing injuries and hospitalised at Parirenyatwa Group of Hospitals after four slipshod ZRP officers indiscriminately threw a tear gas canister inside a commuter omnibus which landed on her lap.

As a result of the negligent police conduct, Muzari was left bleeding from her nose, suffered high blood pressure, sustained a serious injury to her foot including some bruises and felt pain all over her body.

This compelled her to engage Tinashe Chinopfukutwa of Zimbabwe Lawyers for Human Rights in 2019 to sue ZRP Commissioner-General Godwin Matanga and Home Affairs and Cultural Heritage Minister Hon. Kazembe Kazembe for damages amounting to ZWL142 170 for violation of her fundamental rights including loss of income, pain and suffering, embarrassment, humiliation and future medical expenses.

Since 2019, ZRP and Hon. Kazembe had vacillated to compensate Muzari and in 2021 she filed an application at the High Court seeking an order for contempt of court against Hon. Kazembe and Matanga and asking them to comply with the Harare Magistrate Court’s decision compelling them to pay a judgment debt of ZWL142 170.

Now, Matanga and Hon. Kazembe have evaded serving jail time after the law enforcement agency notified Chinopfukutwa and provided proof of payment indicating that it had settled Muzari’s judgment debt.

Muzari is the latest person among dozens of people who in recent years have won compensation from ZRP after suing for damages arising from the violation of their rights as a result of the wayward conduct of some police officers in the execution of their law enforcement duties.

ENDS

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law an courts

SCA Zim farmer's ruling proves rule of law can't be tossed into a bin – The Citizen

The ANC has not covered itself in glory when it comes to how it has dealt with events north of our border in Zimbabwe – nor with the consequences of those events. Its shameful lack of action when the then Zimbabwe president Robert Mugabe effectively stole an election from under the noses of South African poll observers in 2002 was not solely to blame on our then leader, Thabo Mbeki. He clearly didn’t want his vision of an “African Renaissance” disturbed by awkward things like democracy. ALSO READ: It’s time for dispossessed Zim farmers to get a land claims court…

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