Mbada workers sue Minister Mohadi

Mutare – The $3 million diamond theft case involving six Mbada Diamonds and a Mutare businessman took a new twist this week with the employees taking steps to sue the Minister of Home Affairs, Kembo Mohadi, and Commissioner-General of Police Augustine Chihuri for $2 million.

The six — Tendai Gwazaza, Talkmore Chigeza, Simbarashe Gondo, Temba Mwalo, Hardlife Kuudzehwe and Innocent Tsindi — through their lawyer, Mr Trust Maanda of Maunga Maanda and Associates, last Friday approached the High Court seeking the return of their vehicles which they allege were unlawfully seized from them. They denied ever stealing the diamonds.

They also argued that they implicated Indian businessman Mudassar Khan as the source of their vehicles under duress.

On Monday, the six employees wrote to Kembo Mohadi tabling their demands which amounted to $2 150 000.

Gondo, Kuudzehwe, Chigeza and Mwalo said they intended to sue for $500 000 each, while Gwazaza and Tsindi said they intended to sue for $100 000 and $50 000 respectively.

Police alleged that the six were bought vehicles by Khan after selling him diamonds they allegedly stole from their employer at Chiadzwa.

In their last Friday High Court application, the six also cited Assistant Commissioner Mvere, Chief Superintendent Nyamupaguma, Detective Inspector Jachi, Detective Inspector Nyoni, the Officer in Charge Mutare Main Camp and Commissioner-General of Police as respondents.

In a telephone interview on Wednesday, police national spokesperson Senior Assistant Commissioner Charity Charamba said the case was before the courts and she was not in a position to comment.

“I cannot comment on the issue which is still before the courts. The due process of the law should be completed first before we comment,” she said.

One of the cases involving Temba Mvalo was recorded as Case Number 3069 / 2014 and was date stamped at the High Court on April 11, 2014. The six’s lawyer, Mr Maanda, said: “We filed the applications last Friday and the respondents have not responded as yet.

“The order that the six are seeking is for the return of their vehicles which they allege were unlawfully seized from them. They say the police officers forced them to admit that they sold diamonds to Mudassar Khan who in turn bought them vehicles.

“They vehemently deny that but in order to save themselves from further harassment they accepted what the police were suggesting to them. One employee who was established not to own a vehicle was released.

“If the purpose is to bring Khan to court, then it is up to the police to do so using competent witnesses on admissible evidence but not to unlawfully seize my clients’ property and compel them by unconstitutional means to incriminate themselves under the guise of testifying against Khan.

“It is not an offence to buy a car if you are employed and can afford it, but it seems the criteria for suspecting, but without substance, that they sold diamonds, is that they own cars. But what is enigmatic is how they, again without substance, accuse them of selling to Khan and further how they trace the acquisition of the vehicles to Khan.”

The six employees argued that after being picked up for questioning from March 23 to March 24, they have not heard anything from the police regarding their alleged theft of diamond cases.

“To this date, the respondents have not told me that anyone has evidence of my theft of diamonds nor have charged me for stealing diamonds. I have not heard that Mbada Diamonds, my employer, has made any report of theft of diamonds against me.

“I have not heard the respondents saying they have evidence to show that I sold diamonds to Mudassar Khan. I have also not been shown any evidence that the cars I have were bought by him.

“I have a right to own and possess property and enjoy the rights that flow from possession,” read one of the employees’ affidavits.

Among the vehicles Khan allegedly bought for the Mbada employees include a Mercedes- Benz Sprinter, Honda Fit, Nissan March, Toyota Dyna, Toyota Granvia, Mercedes-Benz E Class, Toyota Hilux and a Lexus S200.

The vehicles are parked at Mutare Main Camp Police Station. Manica Post