By Brenna Matendere
Officers from the High Court Sherrif today attempted to enforce eviction of business tycoon Tendai Mashamhanda from his US$1.5 million mansion despite a pending Supreme court appeal against the action.
The Supreme court has a reserved judgement on an appeal against eviction of the businessman which makes today’s attempt by the sherrif to remove Mashamhanda from his home illegal.
The High Court judgement number HH 637/23 delivered in November by Justice Takuva ordered that Mashamhanda be evicted from his home, known as The Remainder of Subdivision C of Plot 6 of Lots 190, 191, 193, 194 and 195 of Highlands Estate of Welmoed, also known as 41 Ridgeway North, Highlands, Harare.
However, there is a Supreme Court appeal lodged by lawyer Professor Lovemore Madhuku whose judgement is reserved.
Justice Takuva recused himself from the urgent chamber application in which Mashamhanda averred that it was illegal for one to be evicted within 72 hours as it translated to being an infringement of the fundamental right to freedom from arbitrary eviction protected by section 74 of the constitution of Zimbabwe.
On Thursday 21 March, Justice Chikowero after taking over, removed the matter from the urgent chamber applications roll.
“Whereupon, after reading documents filed of record, it is ordered that 1. The matter is not urgent. 2. It is removed from the roll of urgent matters,” reads part of Justice Chikowero’s order.
Rangarirai and Co Legal Practitioners, Lawyers representing Mashamhanda on Monday 25 March this week, wrote to the Sherrif G. Siwardi notifying him that a case that has been struck off the urgent chamber applications will not have been dismissed but pending on the ordinary roll.
Part of the letter reads:
“We are in receipt of a letter from the Applicant dated 22 March 2024 whose contents have been noted. It is unfortunate that the Applicant has wrongly interpreted the order given by the High Court on 21 March 2024 in case HCH1189/24.
“Further, the Applicant seems to be aware of Rule 60 (19) of the High Court Rules 2021. For completeness, the said Rules 2021. For completeness, the said Rules states that: “An application that has been struck off the roll by reason that it is not urgent shall be transferred to the roll of the ordinary court applications and it shall not be necessary for the applicant to file a fresh court application.
“This means that case HCH1189/24 has simply been transferred to the ordinary court roll and it is still pending. “In light of the clear and unambiguous meaning of the said Rule, the Sherrif cannot and should not carry out the eviction until the matter HCH1189/24, which is before the Courts, has been determined.”
Gill Godlonton and Gerrans, the lawyers of Barriade Investments who want to occupy the house of Mashamhanda, the following day wrote to the Sheriff disputing the clear legal position of the matter confirmed by other lawyers contacted by this publication to verify.
The Sherrif did not go back to Mashamhanda with the decision she had taken to go and evict him from his house this Thursday making the attempted move a nicodemus action.
In February 2020, speaking in Bulawayo at a capacity building workshop on anti-corruption for the POLAD Economic Thematic Committee, former Prosecutor General Kimbirai Hodzi said cartels in Zimbabwe had captured State and private institutions to the extent of making it almost impossible to bring them to book.
Hodzi said cartels were getting protection from institutions that should normally be fighting corruption.
Such protection has made corruption in Zimbabwe uncontrollable said Hodzi.
He fingered Zimbabwe Anti-Corruption Commission (Zacc), Zimbabwe Republic Police (ZRP), media as well as the Judiciary Service Commission as being captured by cartels.
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