A MUTARE man, Tendai Blessing Mangwiro, has approached the High Court seeking an order to compel the Minister of Home Affairs to release his cash amounting to over $1,6 million seized as an exhibit four years ago.
BY CHARLES LAITON SENIOR COURT REPORTER
In his application filed this week, Mangwiro said he was seeking a default judgment against Home Affairs minister Kembo Mohadi, Police Commissioner-General Augustine Chihuri, the Officer-In-Charge CID Suspects Harare Central Police and one Detective Inspector Mukambi.
Mangwiro claims he was arrested on February 16, 2008 after being accused of stealing $300 000 from Andrea Nsaka Nsaka.
Following the arrest, police allegedly confiscated $78 900 in cash, ZW$46 135 000 000 (which the Reserve Bank of Zimbabwe (RBZ) valued to the tune of $1 537 837,33), an Isuzu double cab and a Toyota Vista.
In his affidavit filed with the application, Mangwiro said the two motor vehicles were later returned to him after it was established that they had not been bought through the proceeds of the alleged criminal enterprise, but the police were still holding on to his cash amounting to $1 616 737,33.
Mangwiro said in November 2008, he was tried at the Harare Magistrates Court, but the confiscated cash was never produced in court as exhibit although it was the same cash that was the subject of the whole trial.
“The trial court in its judgment did not make any ruling pertaining to the cash exhibit in question because the same was never (brought) before the trial court or to the clerk of court as exhibit,” Mangwiro said.
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“The cash exhibit was unlawfully and unprocedurally given to the complainant by police on the same day it was confiscated from me. Immediately after my acquittal and thereafter I made efforts to have my money returned or released by police, but to no avail.
“It is also my respectful submission that the nature of my claim as per summons is sui generis in that what I only wanted from the police was a return of my money and not a claim against the police in the strict sense,” Mangwiro said.
