Defence minister Oppah Muchinguri has described Oman-based
businessman, Thamer Said Ahmed Al Shanfari as a “fugitive” and accused him of
fraudulently attempting to claim properties that belongs to the Zimbabwean
military.
Muchinguri said this in her founding affidavit in response
to Shanfari’s High Court application, seeking an order for placement of a
caveat over four immovable properties namely stand numbers, 98, 99, 100 and 101
Glen Lorne Township 8 of Lot 40A Glen Lorne, Harare.
The businessman approached the High Court after receiving
information that his properties were being taken over by the Defence ministry.
But Muchinguri challenged Shanfari’s application saying,
the court in Harare cannot, first of all, entertain his application given that
he, being a fugitive and a prohibited immigrant, had not offered any security
to institute proceedings against the government.
“The applicant (Shanfari) is a peregrinus and in that
regard he has not offered any security to institute these proceedings. The
applicant is a fugitive from justice. The applicant is a prohibited immigrant
and there are disputes of facts which will not possibly be resolved on his
founding affidavit. These disputes are clearly apparent from his own founding
affidavit,” she said.
“The applicant has no assets in this country, both movable
and immovable. The immovable property in dispute does not belong to him, it is
a property owned by the second respondent (Defence ministry) through its
commercial vehicle which was created for the purpose, among other things, to
acquire this property.”
Muchinguri further said Shanfari cannot be trusted given
that he has a criminal record culminating from his conviction on charges of
forgery in Cairo, Egypt. “The applicant has also been found guilty of forgery
for a British passport in Egypt. On the basis of the above points in limine, I
submit with respect that the applicant’s application be dismissed with costs,”
the minister said.
In his application, the businessman said he filed a court
application after realising that chances were very high that he could lose his
investments in Zimbabwe given the political power yielded by Muchinguri and her
ministry. But, the minister disputed his assertions saying he owned nothing in
Zimbabwe.
The matter is pending. Newsday
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