Man awarded US$205k in late Tsvangirai breach of contract case

Source: The Herald – Breaking news.

Fidelis Munyoro

Chief Court Reporter

The close contact hired by the late MDC-T leader, Mr Morgan Tsvangirai, to facilitate coalition talks with prospective political allies before the 2013 election, has been awarded US$204 800 for breach of contract and damages for the assault he suffered at the opposition leader’s homestead.

Mr Moreprecision Muzadzi, now of Harare, originally hailed from the same village in Buhera as Mr Tsvangirai, and said he was hired to facilitate coalition talks with prospective allies on behalf of MDC-T before the 2013 election.

He also sued Tsvangirai’s brother, Manasa, and MDC-T former deputy national chairman Mr Morgan Komichi, for damages arising from an alleged assault perpetrated on him at the politician’s house. The initial claim was US$84 800. But after repudiation by Morgan Tsvangirai, the claim rose to US$204 800.

 This later culminated in Manasa hammering a settlement with Mr Muzadzi, agreeing on the new figure of US$204 800, plus a Nissan NP200. This resulted in a deed of settlement, which the High Court judge, Justice Tawanda Chitapi endorsed last week.

Mr Muzadzi said he was promised $7 500 plus a Nissan NP200, valued at $22 412, for the services rendered. He is also claiming $50 000 as damages for violence meted out on him when he demanded his $7 800 fees and the promised vehicle at the politician’s house.

According to the settlement document signed by Mr Manasa Tsvangirai on April 2019, those being sued agreed to pay Muzadzi US$84 800 for the work done and assault damages as previously agreed before Justice Wamambo, plus US$50 000 for perjury, US$40 000 for breach of contract and US$30 000 for libel damages as final settlement. 

This was in response to a query that had been raised by another judge, Justice Clara Phiri, suggesting the parties make an out of court settlement. In 2017, the High Court granted a default judgment against Mr Tsvangirai, his brother and Mr Komichi, but their lawyers challenged the decision. The court later rescinded the default judgment and the Registrar of the High Court reset the matter for hearing on the opposed roll.

The court ruling means that the family of the late Mr Tsvangirai may not benefit much from the politician’s estate as domestic workers and other employees are claiming salary arrears to the tune of US$150 000, another charge on the assets.

In his claim, Mr Muzadzi said those he was suing agreed to engage him to negotiate with other opposition party leaders not to contest the 2013 general polls and instead throw their weight behind Mr Tsvangirai. Mr Muzadzi said they held a series of meetings with several Western embassies towards the attainment of the goal of one opposition presidential candidate.

After a memorandum of agreement was signed between Mr Tsvangirai and the leaders of other opposition parties, Mr Muzadzi said he was then asked to submit a bill, which he duly did. 

Mr Tsvangirai died at Wits Donald Gordon Medical Centre in South Africa on February 14, 2018, after battling cancer of the colon.

He was accorded a State-assisted funeral and was buried at his rural home at Humanikwa Village in Buhera. An inventory filed by the surviving spouse, Ms Elizabeth Macheka, in 2018, lists Mr Tsvangirai’s assets as a house in Strathaven, Harare, and six vehicles, one of which is being claimed by a South African company.

Some 45 cattle that were said to be in Kwekwe and others in Buhera also formed part of the estate. Although there were concerns that Ms Macheka could have left out some assets during registration of the estate, her inventory was still recognised at the Master’s office.

The vehicles were listed as: Mercedes Benz S350 (ABI 6365), Mercedes Benz GL (ADV 9705), Toyota Prado (ADQ 1536), Isuzu KB300 (ACG 6324), Isuzu KB250 (ACB 8661) and Isuzu KB250 (ACB 8559).

Efforts by the Master of the High Court to get the distribution account from the estate’s two executors, Mr Innocent Chagonda and Mr Charles Maungwa, had proved fruitless since 2018. It is understood the family wants to first deal with the estate of the late Mrs Susan Tsvangirai, who died first.

Although the late politician was touted as a distinguished labour activist, his gardeners, house maids, security guards and personal assistants were crying foul over salary arrears. At least six workers now want a share of the estate, each claiming an average of about US$11 000 in outstanding salaries.