Prosecutor-General Mr Kumbirai Hodzi has filed an interdict
pendente lite (pending litigation) at the High Court seeking to bar former Cabinet
minister Saviour Kasukuwere from dealing with or disposing of his Nyanga
property pending a Supreme Court ruling.
In the application, the PG said the High Court’s decision
to release the property was grossly irregular.
He added that Kasukuwere did not have locus standi in
judicio (the right to bring an action, to be heard in court, or to address the
court on a matter before it) until he had purged his contempt.
The magistrate who presided over the matter, Mr Hosea
Mujaya, the clerk of Harare magistrates court and the Registrar of Deeds are
cited as respondents.
On October 9, 2019, the High Court ordered the immediate
release of Kasukuwere’s property, Lot 4 of Subdivision D Manchester in the
District of Mutare, Zimbabwe, registered under title deed 8010/2003, to the
State.
The High Court decision follows Kasukuwere’s High Court
application for release of the property after it was forfeited to the State.
The property was forfeited to State because of his
non-appearance for his criminal abuse of office case at the magistrates’ court
on the grounds that he was receiving medical attention in South Africa.
“The applicant has applied for leave to appeal against the
High Court’s decision in the Supreme Court under case number SC550/ 19 and the
application is pending,” read the application.
The PG insisted that Kasukuwere was likely to dispose of the property now that
the title deeds have been returned to him.
“Respondent has shown that he is ready to deal with the
property and may possibly dispose of it.”
The application for review is already set down for hearing,
he said.
“Pending the finalisation of the application under SC5550/
19, the applicant seeks to preserve the property since he has strong prospects
of success under SC550/ 19.
“The applicant seeks an urgent intervention of the court to
interdict Kasukuwere from dealing with the property or disposing of it pending
the resolution of the dispute.”
“Should the application not be dealt with now the applicant
may not be able to have recourse to the property as it will be difficult for
him to retain the property as recognisance in the event that he succeeds in his
appeal.”
The application for review is already set down for hearing,
he said.
“The question of whether Kasukuwere was in contempt of
court was raised and the judge a quo ruled that since charges have been quashed
the issue did not arise,” read the application.
“The decision by the judge a quo to proceed to determine
the matter in such circumstances was grossly irregular. The fact that the
applicant’s charges were quashed does not purge his contempt and fugitive
status.” Herald
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