THE Bulawayo High Court yesterday ordered MDC-T youths who hijacked a vehicle used by ousted Matabeleland North chairperson Sengezo Tshabangu’s driver Lameck Ndlovu to return it forthwith, saying their action was unlawful.
Ndlovu, who was the first applicant along with second applicant Zacharia Nkomo, Sage Mguni (third applicant) and Tshabangu as the fourth applicant, had approached the court seeking it to compel Witness Dube and Kudakwashe Muchemwa to return the Isuzu registration number ADA1568 to Ndlovu upon service of the order.
Dube and Muchemwa were cited as the first and second respondents respectively.
The applicants were represented by Phulu Ncube Legal Practitioners and alleged that the vehicle was violently taken by Dube, who is a driver for MDC-T vice-president Thokozani Khupe, and Muchemwa in the company of some other people.
Justice Andrew Mutema granted an interim relief and said failure by Dube to surrender the vehicle would result in the Sheriff being directed and “authorised to seize the vehicle, an Isuzu registration number ADA1568, on sight and deliver the same to first applicant (Ndlovu) or his designated agent”.
Justice Mutema said the vehicle should remain in the custody of Ndlovu until the matter was finalised.
In his founding affidavit, Ndlovu said on May 26, he parked the vehicle that had been given to him by Tshabangu at the intersection of 1st Avenue and Joshua Mqabuko Nkomo Street waiting for Exmas Chinounyi who was supposed to give him money to fuel the car.
Ndlovu said he was in the company of Nkomo and Mguni when Chinounyi gave them $70 for fuel, but before they could drive off, Dube and Muchemwa blocked their way with another vehicle, alighted and attempted to forcibly take away the Isuzu keys from ignition.
Ndlovu said he resisted and in the process injured his right hand as Dube twisted it.
He said Nkomo, Mguni and himself jumped out of the vehicle, but Dube, Muchemwa and several “other male persons” started assaulting them with fists and booted feet until Dube managed to wrestle the keys from him. Ndlovu said Dube and Muchemwa dragged him into the car and drove with him inside.