Reverend Isaac Munjodzi Tititi Moyo, founder of the Apostolic Church in Zimbabwe, is suing a senior police officer for $120 000 in damages for alleged wrongful arrest in a case where the two are fighting over a farm boundary.
The man of the cloth accuses Senior Assistant Commissioner Nonkosi Ncube of causing him “trauma, embarrassment, stress, anxiety, injury to his name and loss of a farm” by making false, wrongful and malicious allegations against him, leading to his wrongful arrest.
The matter has been set down for hearing on September 6 before High Court judge Justice Tendai Uchena.
The dispute arose from the existence of two maps allegedly produced by the same lands office for Devilwood Farm in Kwekwe.
Ncube alleged the map that Rev Moyo had in his possession was fraudulent.
The two are sharing a farm in Sherwood, Kwekwe, allocated to them under the land reform programme. They are now at each other’s throats over the boundary.
Moyo’s tract of land measures 250 hectares while Ncube owns the remaining 180 hectares.
In his summary of evidence filed with the High Court Rev Moyo said police officers sent by Ncube visited him early in September 2007 and said that they were investigating allegations of fraud, bribery and general illegal conduct against him.
Moyo said Ncube later sought a peace order at Kwekwe Magistrates’ Court against him and it was granted.
The order barred Moyo and his workers from getting within 600 metres of the disputed farm land which Ncube claimed was hers.
Moyo said he was later visited by 10 armed police officers on December 3, 2008, who arrested him for having been seen within the restricted area and for having been armed and violent, allegations he denied.
Moyo said he was taken to Kwekwe Magistrates’ Court where the prosecution, upon analysing the evidence, declined to prosecute.
The incident was widely publicised within the Christian community in Zimbabwe and abroad, thereby tarnishing his image, Moyo said.
Ncube, however, claims Moyo is using political connections to dispossess her of her piece of land.
She alleges in court papers that Moyo is the father-in-law of Economic Planning and Development deputy minister Samuel Undenge.
She says the deputy minister had come to her offices and harassed her.
The deputy minister was in the company of his wife, Ncube said.
Ncube had subsequently written to her boss, Police Commissioner General Augustine Chihuri, complaining about the conduct of the deputy minister.
Ncube claimed Undenge had accused her of trying to steal land from Moyo saying he “would not let a thief steal from his house while he watched”.
The former Anti-Corruption minister had allegedly reminded the senior cop that he was “an expert in investigating corrupt cases”.
Undenge also wrote to Chihuri, charging that Ncube was abusing her office and that the Kwekwe lands office was corrupt.
Undenge said the alleged corruption at the Kwekwe lands office was corroborated by the provincial police office in Gweru.
He said the provincial lands committee had been called from Gweru to settle disputes at the Kwekwe office due to different maps that had been produced.