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By Mary Taruvinga, Senior Reporter
CHILDREN of the late Zimbabwe President, Robert Mugabe, have been granted authority to be part of proceedings in a matter involving the exhumation of their father by the High Court.
Bona Mutsahuni-Mugabe and her siblings Bellarmine Chatunga and Robert Junior were granted authority following a successful appeal filed through their lawyer, Advocate Tawanda Zhuwarara.
They maintained that the traditional leaders who ordered the exhumation of their father’s remains had no legal right to do so.
Bona and her siblings had appealed against Chief Zvimba, Stanely Mhondoro, who fined their mother, Grace, and ordered the exhumation of their father’s remains at Chinhoyi Magistrates Court last year.
Magistrate Ruth Moyo trashed their appeal after ruling that they were not part of proceedings at the lower court.
The magistrate said the three had no legal standing to appeal against a judgement against their mother, Grace.
They then appealed at the High Court.
Judges of appeal, Justices Amy Tsanga and Fatima Maxwell, said the three have rights to be part of proceedings at law.
The judges also remitted the case back to the magistrates’ court for hearing.
“In the context of customary law, the court finds no absurdity in allowing any person aggrieved by a decision of a community court to appeal against it, even though the aggrieved person was not a party in proceedings before the community court,” the judges said.
“In the court below, appellants (Bona and siblings) stated that the orders of Chief Zvimba affect their personal proper fiduciary functions at law. That qualification removes them from the group of mere busy bodies,” they ruled.
The judges also said under customary law, the quest for justice is marked by procedural flexibility in permitting aggrieved parties, in any case, to access the court at any time.
“As courts, it is therefore important that we do not fall into the dangerous trap of downplaying these very positive procedural customary aspects by thrusting formalistic interpretations upon them. The court below erred in restricting the right of appeal to persons who were parties in proceedings before the community court,” the court ruled.
The siblings had submitted that they were competent litigants to institute an appeal based on their real and direct interest in the orders of Chief Zvimba, which affect their personal property.
The chief had found Grace guilty of violating burial rites and contempt of court.
Mhondoro fined her five cows and a goat, stating the livestock was for cleansing the country.
Manongovere insisted that the three had no rights to appeal on a case that involved their mother and not them.
Woman wins back Land Rover vehicle – NewsDay
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.
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.
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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