VICE-President Kembo Mohadi’s estranged wife, Tambudzani
Bhudagi Mohadi, has petitioned the High Court challenging a protection order
granted to her husband.
Tambudzani argued that the magistrate who granted the order
did not have required jurisdiction to deal with the divorce impasse.
Through her lawyers, Scanlen and Holderness, Tambudzani
filed the application for review on October 2, following another Mohadi
application at the Civil Court seeking to have her charged with contempt of
court for violating conditions of a protection order granted against her in
September this year.
“The matrimonial assets referred to in the protection order
includes immovable assets whose value exceeds the $10 000, immovable properties
known as number 2 Benata Way Alexandra Park, Harare and 108 Impala Drive,
Beitbridge,” she said.
“Each of the immovable properties mentioned above have a
value of more than the jurisdiction of the Magistrate Court in terms of section
11 of the Magistrates Court Act and the magistrates court (Civil Jurisdiction)
Monetary Limits) Rules, 2012, SI 163/2012. The protection order granted by the
first respondent (Gwatidzo) deals with rights in respect of immovable property
which the Magistrates Court lacks jurisdiction.”
In September last year, the VP – who was then State
Security minister – petitioned the High Court in Bulawayo seeking a divorce
claiming his marriage to Tambudzani had irretrievably broken down.
He then applied for matter to be transferred to the Harare
High Court in August this year where it is now pending. On August 10, he also
approached the Civil Court in Harare seeking a protection order against
Tambudzani, which was granted.
In her founding affidavit, Tambudzani said when Mohadi
filed for an interim protection order she “did not see any reason to oppose the
application since I had no issues complying with the interim protection order
as set out in the DV3 form attached to the application.”
Tambudzani said, in particular, the protection order barred
her from accessing any matrimonial assets which are the subject of the divorce
proceedings under case number HC2520/17, except only through the express
(written) consent of the VP or his designate until the finalisation of the
divorce proceedings.
“The applicant was barred access to the properties that she
resides at whilst in Harare and Beitbridge. It also barred her access to the
business premises, which access she requires to enable her to prepare for
trial,” she said, adding the mentioned terms do not take into consideration of
the fact that Mohadi resides at the State residence and would not be prejudiced
by the granted order.
The matter is pending. Newsday
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