MUTARE businessman, Tendai Mangwiro has instructed the Sheriff of the High Court to cause Home Affairs minister Ignatius Chombo’s arrest so he could start serving his 90-day term for contempt of court.
BY CHARLES LAITON
The High Court recently found Chombo guilty of defying a court order compelling him to reimburse $78 000 seized as an exhibit, while police were investigating Mangwiro in 2012.
After being convicted and jailed for 90 days by High Court judge Justice Amie Tsanga, Chombo filed an appeal at the Supreme Court which he later withdrew, paving way for Mangwiro to push for his incarceration.
In a letter dated July 17, 2017 and addressed to the Sheriff of the High Court, Mangwiro’s lawyers Mahuni and Mutatu Legal Practitioners said: “Reference is made to your (Sheriff) letter dated November 13, 2016 . . . which you wrote to us after you were instructed by the Registrar of the High Court to execute the court order in terms of Order 43 Rule 392 of the High Court Rules on November 11, 2016.
“In light of the respondent (Chombo)’s appeal withdrawal and the copy of this letter, may you please expeditiously execute the court order as you were previously furnished by the High Court registrar.”
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The businessman’s lawyers also wrote another letter to the Registrar of the High Court seeking the court’s assistance to have Chombo jailed.
“We are startled by your failure to execute the court order . . . upon receipt from the Supreme Court of the returned record in question. This is in light of the respondent’s withdrawal of his Supreme Court appeal SC673/16) dated March 22, 2017 . . . by copy of this letter may you please expeditiously furnish the Sheriff or his deputy, or a constable or other peace officer with the . . . court order which is already a writ of personal attachment and committal to prison of the respondent in terms of Order 43 Rule 392 of the High Court Rules as we previously requested,” the lawyers wrote.
The registrar also wrote to the Sheriff confirming that, indeed, Chombo withdrew his appeal on March 22, 2017.
Mangwiro has endured a prolonged legal battle with the police and just recently, approached the Constitutional Court seeking confirmation of the invalidation of the State Liabilities Act, which he said was protecting government officials from complying with court orders.