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Chombo jailed

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Home Affairs minister Ignatius Chombo’s perpetual disregard of court orders yesterday backfired when he was slapped with a 90-day imprisonment with labour

Home Affairs minister Ignatius Chombo’s perpetual disregard of court orders yesterday backfired when he was slapped with a 90-day imprisonment with labour after being convicted on contempt of court charges by High Court judge, Justice Amy Tsanga.

BY CHARLES LAITON

Home Affairs minister Ignatius Chombo
Home Affairs minister Ignatius Chombo

Chombo’s conviction followed his continuous defiance of ultimatums and court orders compelling him to compensate a Mutare businessman, Tendai Mangwiro, of $79 000 and $1,5 million, which was seized by police officers in 2012.

“Whereupon, after reading documents filed of record and hearing counsels, it is declared that the respondent (Chombo) is guilty of contempt of the court order of this honourable court granted under case number HC4261/16 in that he has wilfully disregarded the court orders in case number HC4766/13 and HC4261/16 and refused to comply with them and further preventing the applicant (Mangwiro) from enjoying his rights as established in the court,” Justice Tsanga ruled.

“It is accordingly ordered that the respondent is sentenced to 90 days’ imprisonment with labour until full compliance by the respondent. The terms of imprisonment shall be wholly suspended on condition that the respondent fully complies with the court orders mentioned in paragraph 1(a).”

Justice Tsanga further said the order would itself constitute and serve as writ for the arrest and detention and lodging of Chombo to prison, while also ordering him to pay the costs of the suit on a higher scale.

High Court judge, Justice Joseph Musakwa last year ordered Chombo to pay back the money, but he challenged this and lost in the Supreme Court, which ordered him to comply instead.

As the matter took different twists and turns, another court order, issued by High Court judge, Justice November Mtshiya, gave Chombo a 14-day ultimatum.

But, still, the minister refused to comply, prompting the businessman to apply for attachment of government property.

The application was challenged by Vice-President Emmerson Mnangagwa, who argued that Chombo could be sued for his actions in his personal capacity.

On Tuesday, High Court judge, Justice Owen Tagu again issued a 14-day ultimatum for Chombo, ordering him to pay back Mangwiro’s $1,5 million, or risk being found in contempt of court.

Justice Tagu’s order was one of the many other court orders that Chombo, in his personal capacity, had failed to comply with.

“The respondent (Chombo) is ordered and directed to comply with the statutory duty cast upon him in terms of section 5(2) of the State Liabilities Act, that is to cause to be paid out of the Consolidated Revenue Fund, the sum of money awarded to applicant (Mangwiro) by the order of this honourable court dated August 17, 2016 in case number HC4766/13,” he ruled.

“The respondent (Chombo) is ordered and directed to comply with the order within 14 days of this order having been served on him or his permanent secretary or any responsible person in his ministry, failing which the respondent be and is, hereby, declared to be in contempt of this order. The respondent is to pay applicant’s costs of suit at a legal practitioner and client scale.”

Mangwiro’s cash was seized by the police and held as an exhibit during a trial.

When the matter was finalised, he approached the police demanding the release of the money, but it could not be accounted for.

He then approached the court seeking reimbursement and several court orders were granted in his favour, but Chombo persistently refused to budge.