FOR over 37 years, former president Robert Mugabe had
remained untouchable as many citizens
suffered in silence at the hands of the autocratic leader. But when his rule came to a
dramatic end nearly two years ago, Mugabe’s world crumbled, leaving him exposed
and open to numerous lawsuits, which were not possible to pursue during his
time at the helm.
With the number of cases before the courts swelling, his
legal bill can easily be running into
hundreds thousands of dollars. The cases
before the courts involve him, his company Gushungo Holdings (Private) Limited
as well as his wife Grace.
As president, Mugabe
amassed wealth and wielded immense power. Many who were wronged by him —
rightly or wrongly — licked their wounds in silence during the 37 years he was
in power without recourse.
But since his
resignation following an army intervention, Mugabe, his wife and their companies have been in and out
of the courts, defending several
litigations, dating back to his time when he was the country’s president.
The former president
could be losing a fortune, through engaging lawyers to defend these cases. Only recently
Mugabe’s wife, was ordered to pay $278 304 to Manase and Manase Legal
Practitioners for representing her in a botched $1,4 million diamond ring deal.
In the court case,
Grace claimed to have been duped by Lebanese businessman Jamal Ahmed, before approaching
the lawyers for them to represent her in 2016. However, the law firm claimed in
court that after being represented for two years, Grace did not pay the legal
fees, convincing the court to give an order for the money to be paid. While
this is a recent development, legal woes against Mugabe started as early as he
left office.
As president, he
enjoyed enormous power and authority and people would always cautiously deal
with cases involving him and his family. According to Section
98 of the country’s Constitution, a sitting president is immune to prosecution in his
personal capacity.
The national charter
says while in office, the president is not liable to civil or criminal proceedings in any court
for things done or omitted to be done in
his or her personal capacity.
“Civil or criminal proceedings may be instituted against a
former president for things done and
omitted to be done before he or she became
president or while he or she was president.
“The running of prescription in relation to any debt or
liability of the president arising
before or during his or her term of office is suspended while he or she remains in office,”
the Constitution states.
Upon leaving office
in November 2017, all hell broke loose. In January 2018, he was ordered to
vacate Mazowe Smithfield Farm and give way to operations by small-scale miners,
who claimed ownership of the same property.
In March of the same
year, Mugabe through his company Gushungo Holdings, dragged the miners Shepherd
Nyazvigo, Bright Mawonga, Mohammed
Rezwan Khan and the officer in charge Zimbabwe Republic Police (ZRP) Support
Unit, demanding to be allowed back to the farm.
As if this was not enough,
Mugabe’s company was also dragged to the High Court in May 2018 for failing to
pay over $174 000 for potato seed
acquired on credit from Seed Potato Co-op (Private) Limited in 2015. However, Mugabe’s
company turned the tables against the potato producing company, accusing the
firm of breaching a verbal contract entered between the two parties.
Mugabe’s company in
its papers claimed the potato seed that was delivered was substandard and defective and
resulted in the company incurring losses instead of profits.
During the same
month, Mugabe’s other company Alpha Omega Dairy (Private) Limited was also in
court facing eviction from its offices after it allegedly failed to pay $29 000
for rentals.
As the litigation
kept coming, in October last year, Mugabe and his wife were again back in court defending an
application by three Mazowe farmers who were evicted from Teviotdale Farm in
2009 to pave way for the ex-first family’s company Gushungo Holdings (Private)
Limited.
In their
application, the three farmers — Adonia Makombe, Sahungwe Hungwe and Nyika
Chifamba — cited Mugabe, his wife Grace, Gushungo Holdings, police commissioner
general Godwin Matanga, Lands minister Perrance Shiri and Home Affairs minister
Cain Mathema and police chief superintendents only identified as Nhubu and
Kunene, as respondents.
The three told the
court that they grabbed Lot 1A Teviotdale Farm in Mazowe District of Mashonaland Central
Province at the height of the land reform programme in 2000 and were given
government offer letters in 2009 before being kicked out by police on Mugabe’s
orders in 2009. They however, demanded Mugabe’s eviction from the farm.
Last June, Mugabe’s
son Chatunga Bellarmine’s property was set to be auctioned over a $12 000 debt
after he allegedly failed to pay rentals for his butchery business in
Chitungwiza. According to court papers, Chatunga was to lose various items that
include a fusion small plasma television set, office chair, office desk, one
plastic chair, one small chair, one small broken chair, one small table, three
display fridges, a c40 deep freezer, two tables, a computer till, meat cutter,
a working table and a generator. While the whole family seemed to be enjoying
immunity based on their father’s position during his tenure in office, the diplomatic
veil has since been lifted.
This include the
diplomatic immunity initially applied on Grace in South Africa, after she assaulted a model in
Johannesburg in 2017. At the time when
the incident took place, the South African government granted Grace diplomatic
immunity, allowing her to leave South Africa.
The immunity was
however, scrapped last July by the court. Daily News
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