A HARARE man wants the Zimbabwe Anti-Corruption Commission (Zacc) to expedite investigations against the Sheriff of the High Court, whom he is accusing of fraudulently attaching and selling his property.
Norbet Njazi claims that the Sheriff, Mcduff Madega,
corruptly transferred and sold his property at Adylinn, Bluffhill which was
bonded by CBZ bank.
Njazi claims that the Sheriff deliberately did not advise
CBZ about the sale. He said he owed the banks over $100 000, an amount more
than the value of his property and the bank could have obviously objected to
the sale, if it had been advised of such plans.
In a letter dated August 23, 2021, Njazi dismissed the
Sheriff’s claims that he was not aware that there were bonds registered on his
house because such ignorance proved that
he failed to exercise due diligence when he was performing his duties.
He also claims that the Sheriff proceeded to attach and sell
his house although he had been advised by his lawyers about the CBZ bonds to
the property.
Njazi also accused the Sheriff of conniving with lawyer
Kudzashe Gama of Gama and Associates, who was hired as a conveyancer, to
attach, sell and transfer his property in a fraudulent and corrupt manner.
Njazi lodged a complaint against Gama at the Law Society of
Zimbabwe and the matter is still under investigation.
“I write to follow up on progress regarding my case against
the Sheriff of the High Court of Zimbabwe Mr Mcduff Madega, case ref
RR36/07/19,” Njzazi said in the letter.
“The last update I got was in July 2021 when I was advised
by the investigation officers who are handling the case that the statement of
procedure which was issued by the Judicial Services Commission (JSC) concluded
that the Sheriff did not have a case to answer because he acted according to
the law and that he followed proper procedures to sell my house,” Njazi wrote.
“However, we then held a meeting with the investigation
officers on the July 15, 2021 to discuss the statement of procedure. In the
meeting, I had an opportunity to go through the statement of procedure and I
noted a number of anomalies.”
He said the investigation officers advised him that they
had also noted that some points given by JSC in the statement defending the
sheriff contradicted High Court rules and procedures which must be followed by
the Sheriff in executing his duties which warranted further investigation.
“In their statement of procedure, JSC said the sheriff was
not aware that the property had mortgages, and that mortgage is not an
encumbrance to a sale in execution and that a property can be attached and sold
in execution of a court order in the existence of mortgage bond against the
property,” Njazi said.
“I am aware a mortgaged property can be attached and sold
in execution but my complaint is the corrupt manner in which the matter was
handled which resulted in me reporting this case.”
“The second issue I noticed which is tantamount to serious
fraud is that the Sheriff used
certificates in terms of deeds registries regulations certifying that he
failed to locate my original title deed no 7199/2009 when he transferred my
property to the new buyer. How could he fail to locate the original title deed
when my lawyers had written two different letters advising him about these
bonds? My original title deeds are with CBZ and the bonds have not been
cancelled.”
In June, Zacc recently launched investigations against
Madega following complaints by at least nine people, who accused him of
illegally selling properties attached by the courts. Newsday
0 comments:
Post a Comment