The Zimbabwe Electoral Commission (Zec) has approached the High Court seeking an order compelling former commissioner, Petty Makoni, to surrender a Toyota Prado vehicle allocated to her during her tenure of office.
Source: Zec demands vehicle from former commissioner – NewsDay Zimbabwe October 1, 2016
BY CHARLES LAITON
According to court papers under case number HC8934/16 filed early this month, Makoni was appointed Zec commissioner on March 31, 2010 and her tenure expired on the same date and month this year and was not renewed.
In its declaration, Zec said the vehicle, which Makoni was still in possession of was part of the 11 Toyota Prados which were donated by the United Nations Development Programme (UNDP) sometime in 2011 in the course of and under the Zec’s project.
“From the time she (Makoni) ceased to hold Toyota Prado registration number ACH 2506 for and on behalf of the plaintiff (Zec) as one of its commissioners, her continued possession of the said vehicle constitutes a continuing act of spoliation against the plaintiff that was, prior to the expiry of the defendant’s tenure of office, in peaceful and undisturbed possession of the said motor vehicle,” the commission said through its lawyers Nyika Kanengoni and Partners.
“The vehicles were provided to assist and facilitate the smooth conduct of the plaintiff’s general activities and functions and in anticipation of the 2013 general elections. These vehicles remain registered in the name and style of the UNDP at the Central Vehicle Registry (CVR).
The commission said at all material times, the vehicles were held by the commissioners on its behalf in their capacities as commissioners of Zec and in furtherance of its activities adding: “At no point were these vehicles held in any other capacity.
“Upon the expiry of her tenure as a commissioner for the plaintiff, the defendant could no longer exercise possession of the Toyota Prado … on behalf of the plaintiff. She was enjoined to surrender the said motor vehicle to the plaintiff for allocation to other commission functionaries as the plaintiff deemed appropriate,” the commission said.
“The defendant, since the expiry of her tenure as a commissioner in the plaintiff, has refused to restore the plaintiff’s possession of the Toyota Prado … which she no longer holds in the capacity of a Zec commissioner, but now holds in a nondescript capacity and without lawful order of court permitting her to be in possession of the said motor vehicle.”
Makoni has since entered an appearance to defend notice and is geared to challenge her former paymasters.