High Court judge Justice Nyaradzo Priscilla
Munangati-Manongwa has dismissed an application by ailing former Finance
minister Ignatius Chombo to have his passport back after it was seized by
security agents at the Robert Gabriel Mugabe International Airport last month.
The judge ordered Chombo to go back to the magistrates’
court and exhaust alternative remedies, including seeking contempt of court
charges against the clerk of court, who is reported to have refused to release
the passport despite an existing court order.
The former Cabinet minister’s travel document was last
month seized and surrendered back to the Harare Magistrates’ Court under
unclear circumstances moments after he had checked-in for a South African-bound
Fastjet flight. Chombo had obtained his travel document on a temporary basis to
enable him to travel to South Africa for medical treatment
However, the clerk of court refused to give it back and a
Harare magistrate declined to entertain his application, citing lack of
jurisdiction. Chombo then filed an urgent application at the High Court,
seeking enforcement of the magistrates’ court order.
But Justice Munangati-Manongwa dismissed his application,
saying Chombo had not exhausted alternative remedies for him to approach the
High Court.
“The court notes that there are alternative remedies which
can still achieve compliance. The magistrate’s court can still stamp its
authority by ensuring compliance of its orders. It is not for the High Court to
enforce the orders granted by the magistrates’ court,” the judge said.
“Where a clerk of court refuses to obey a court order when
called upon to do so amounts to contempt of court, it does not require a
superior court to enforce compliance with an extant court order. Courts must
ensure compliance with their own orders and not expect the High Court to ‘play
big brother’ where there is neither a review nor an appeal.
“Given the foregoing, the court finds that there are
alternative remedies open to the applicant (Chombo) at the magistrates court to
achieve the relief it seeks.” Newsday
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