A Chinhoyi Messenger of Court has failed to enforce a court order to attach a beast from Tigere Chivaura of Murombedzi after allegedly being threatened by Police Deputy Commissioner General Innocent Matibiri.
This follows an interim relief order which was granted by Chinhoyi magistrate Singandu Jere on December 17 last year under case number 1096/10 involving applicant Farai Mujuru and defendant Chivaura.
The interim court order was served on Chivaura on December 28, but he is alleged to have failed, refused and/or neglected to comply with the order granted by a competent court citing protection from Matibiri.
Asked to comment on the matter, yesterday, Matibiri could neither confirm nor deny his involvement in the matter but said he knew “that old man” Chivaura .
“There has been several reports of cattle rustling in Murombedzi area, but as regards the matter which you are asking me to comment on, you need to visit that old man (Chivaura) first and get his side of the story after which you can come and I will give you my side of that story,” Matibiri said.
“The place is not far away from Harare, it is just an hour’s drive,” Matibiri said. “You go there and interview the person who has the beast and come back to me.”
The civil matter came about after a criminal matter, case number 88-05-08 (Zvimba) reported three years ago when Mujuru was arrested on allegation of stealing Chivaura’s beast, but prosecution was declined for lack of evidence.
However, the police had confiscated Mujuru’s beast and given it to Chivaura well before prosecution was declined and efforts by Mujuru to get his beast back had been thwarted by alleged interference.
The Messenger of Court Victor Manyeza told NewsDay that upon getting to Chivaura’s village in Mhondoro with the interim order seeking to enforce it, he met resistance.
“We identified ourselves to Chivaura and told him our mission but he asked us to wait because he wanted to get authority from his uncle whom he identified as Matibiri.
“He said he had to get authority from Matibiri first or we risked getting involved in violence if we attached his beast,” Manyeza said.
Chivaura is said to have spoken to his uncle whom he identified as Matibiri on the phone and later handed the phone over to Manyeza who was ordered (by Matibiri) to immediately leave the village or risk getting arrested.
“We are going to write on the return of service that we were stopped from enforcing the order through a telephone conversation by the defendant’s uncle whom he identified as Matibiri,” Chivaura said.
The matter is set to continue on March 2 at Chinhoyi civil court after it failed to proceed on January 28 because there was no return of service.