AG urges businessman to apply for Chombo’s arrest

ATTORNEY-GENERAL (AG), Prince Machaya, has urged Mutare businessman, Tendai Blessing Mangwiro, to seek Home Affairs minister Ignatius Chombo’s arrest for defying a court order by refusing to reimburse his $78 000 seized by the police in 2012.

Source: AG urges businessman to apply for Chombo’s arrest – NewsDay Zimbabwe October 18, 2016

ATTORNEY-GENERAL (AG), Prince Machaya, has urged Mutare businessman, Tendai Blessing Mangwiro, to seek Home Affairs minister Ignatius Chombo’s arrest for defying a court order by refusing to reimburse his $78 000 seized by the police in 2012.

BY CHARLES LAITON

Machaya’s counsel comes after Mangwiro’s efforts to attach government property hit a snag following the invocation of the State Liabilities Act.

In a joint heads of argument filed on Wednesday last week, Machaya said Mangwiro could pursue other alternatives of recovering his cash as opposed to seeking attachment of government property.

“The application is opposed and these heads of argument are, therefore, prepared in support of the respondent’s position that section 5(2) of the State Liabilities Act … which gives State property immunity from execution to satisfy government debts is constitutional,” the AG’s Office said.

“Since the applicant (Mangwiro) has now obtained a mandamus (court order), he can proceed with contempt of court proceedings. He cannot insist on attachment of government’s property, when there are other ways of satisfying the debt. The Constitutional Court has already stressed this point that, where the matter can be resolved without resorting to a constitutional application, those other remedies should be pursued.”

In August this year, Vice-President Emmerson Mnangagwa echoed similar sentiments, saying attachment of government property would not only lead to chaos, but paralysis of State functions.

Mnangagwa was responding to Mangwiro’s application to attach State property to recover his money.

The VP, who is also in charge of the Justice ministry, said the immunity from execution granted to State property was constitutional.

“It is submitted, with due respect, that the applicant (Mangwiro) still has other remedies to pursue to enforce the court order such as contempt of court proceedings … Further, it is my view that the immunity granted to State property in terms of section 5 of the aforesaid Act does not prevent the execution of such judgment, since it can be executed like any other judgment not sounding in money, especially the applicant who is armed with a mandamus, which compels second respondent (Chombo) to pay the said debt,” the VP said.

In the application, Mnangagwa, Chombo and Machaya are cited as respondents.

The matter is yet to be set down for hearing.

COMMENTS

WORDPRESS: 1
  • comment-avatar
    Joe Cool 6 years ago

    I wonder if Escom know about this provision, having just received a $35 million guarantee from a penniless government in a country operating on plastic non-existent money?