The court said there was no urgency in the application and
she can join the ordinary queue.
Ms Charlotte Chavavarirwa is a girlfriend of former NetOne
employee Daniel Kalira, who is facing charges of theft involving $150 million
worth of airtime from his employer.
Following Kalira’s arrest, ZACC took custody of his three
expensive Mercedes Benz vehicles and one Toyota Hilux on suspicion they were bought
using proceeds of crime; they can be returned if he is acquitted or if charges
are dropped, but meanwhile he cannot use them or sell them.
Ms Chavavarirwa, who claimed to have been adversely
affected by the seizure order, approached the High Court seeking to recover use
of the vehicles, which she said belonged to her.
In her application, she argued that she was inconvenienced
by the effects of the seizure and needed the vehicles for her business
operations and the school-run for her children.
She was forced to be a pedestrian because of the seizure of
the vehicles.
But ZACC opposed the application and sought its dismissal
on the basis that it was not urgent and that she failed to establish the
irreparable harm affecting her following the seizure of the vehicles.
In his ruling against the urgent application, Justice
Neville Munyaniso Wamambo, noted that the matter did not qualify to be treated
as urgent and removed it from the roll.
“I find that applicant being rendered a pedestrian is not irredeemable
harm. She can seek alternative transport in the meanwhile,” said the judge.
Urgent applications over use of property or assets are
designed to prevent any harm that cannot be reversed while the longer legal
processes are being played out.
The court also noted that it was improbable that damage
could occur on the vehicles while in the custody of a Government entity, and
the risk was too low to warrant the court to release them.
“I am mindful that there are rules, regulations and
procedures aimed at preserving property lawfully seized,” said Justice Wamambo.
“The same would apply to the issue of compensation. In any
case, nothing can stop applicant from suing the relevant government entity if
damage is visited upon the vehicles.”
ZACC investigations established that Kalira allegedly stole
from NetOne through an airtime voucher scam committed over a period of two
years.
He was arrested after anxious colleagues tipped off ZACC
after noticing that his lifestyle that suddenly improved tremendously.
The new lifestyle raised suspicion among those in his orbit
that Kalira could have waded into criminal activities to finance his
over-the-top way of life. Herald
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