The hearing of Police Commissioner-General Augustine Chihuri and his deputy Innocent Matibiri’s case will be held today before High Court judge Justice Martin Makonese.
Report by Richard Muponde
They are seeking to stop the imprisonment of a Bulawayo senior police officer on contempt of court charges.
Lawyer Tanaka Muganyi representing the defendant Detective Bazil Nyapokoto, confirmed the development yesterday.
“The matter has been set for hearing on Tuesday (today) before judge Justice Makonese,” Muganyi said.
Nyapokoto is seeking the arrest of Superintendent Pilate Moyo for work-related victimisation.
Bulawayo High Court judge Justice Maphios Cheda on February 8 ordered Moyo’s arrest for blocking the Deputy Sheriff from attaching his property.
Chihuri and Matibiri got involved in the matter last week when they filed an urgent chamber application through Joseph Mumbengegwi from the Civil Division of the Attorney-General’s Office seeking a stay of execution of the order seeking Moyo’s arrest and incarceration.
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In January last year, High Court judge Justice Lawrence Kamocha awarded Nyapokoto $56 000 damages against his superiors.
Nyapokoto was kicked out of his official residence at Ross Camp after he testified against fellow police officers during an inquest into the alleged murder of two suspected armed robbers three years ago, while in custody.
Chihuri is the applicant and Nyapokoto is respondent. In the application, Chihuri said Nyapokoto should not have sued Moyo in his official capacity if he wanted to execute an order against his personal property.
The police chief said there was an application for rescission of the default judgment which Nyapokoto got in 2011 for damages of over $56 000.
Moyo, who is in charge of police camps, was cited as the one who ordered Nyapokoto’s eviction.
Following the ruling, the deputy sheriff attempted to attach Moyo’s property, but he resisted the move, leading to the latest order for his incarceration. In his founding affidavit for rescission of the judgment, Matibiri said they always wanted to defend the matter, but were barred from tendering a plea after delays in coming to court due to some “administrative issues”.
