Zimbabwe News and Internet Radio

Vharazipi’s property to be attached over $218k debt

By Tendai Kamhungira

Drama actor David Mubaiwa,  popularly known as Sabhuku Vharazipi, is set to lose property worth $218 000 after Ziya Cultural Arts Trust filed an application to attach the property in a bid to recover the funds, which are proceeds for discs that he reportedly sold on behalf of the organisation.

Sabhuku Vharazipi

This comes after High Court judge David Mangota gave an order for Sabhuku Vharazipi and two others,  Wellington Chindara and Kumbirai Chikonye to pay back the money.

Ziya Cultural Arts Trust through its lawyers Runouya Zimudzi and Norman Mukandagumbo from Zimudzi and Associates Legal Practitioners, approached the court to have the trio’s property attached on Thursday.

“You (the Sheriff of Zimbabwe) are required and directed to attach and take into execution the movable goods of David Mubaiwa, Wellington Chindara and Kumbirai Chikonye, the above mentioned respondents of number 138 Josiah Gondo Street, Mucheke, Masvingo and of the same cause to be realised the following sum of $218 500 being capital debt plus interest thereon at the prescribed rate of interest being five  percent per annum calculated from the date of issue of summons being 15th of June 2017 to date of full and final payment…,” reads part of the application for the issuance of a writ of execution.

The lawyers are also demanding the trio to pay Ziya Cultural Arts Trust the legal costs it used in the litigation process. 

According to court papers, the trio was appointed trustees of the Ziya Cultural Arts Trust in 2013 and had the responsibility to run the affairs of the organisation.

“The most common duties of trustees were the duty to comply with the terms of the trust, the duty to act personally, the duty of loyalty, the duty of care, the duty to act with an even hand, the duty to declare the loss and profit of the trust and the duty to communicate to the beneficiaries.

“The plaintiff (Ziya Cultural Arts Trust) produced a drama popularly known for the ground-breaking comedy called Sabhuku Vharazipi and another known as Voice,” the Trust through its lawyers from Zimudzi and Associates Legal Practitioners said.

The court heard that the Trust’s founder member David Dzatsunga wrote and directed Sabhuku Vharazipi’s first production.

“When the plaintiff’s said produced comedy or film hit the market, Zimpapers donated $10 000 to the plaintiff through the defendants.

“However, the defendants never accounted for the said donation to the plaintiff. To date, the defendants failed, or refused to account for the said donation despite their duty to do so and they have misappropriated the Trust funds.

“After the defendants sold 120 000 discs at $1 per unit for the plaintiff’s comedy called Vharazipi One and collected proceeds of sale in the sum of $120 000 for and on behalf of the plaintiff, the defendants as trustees of plaintiff had the duty to declare all profits to the plaintiff,” the court heard.

In terms of the court papers, the Trust was prejudiced of $120 000, adding that the trio is liable to pay back the money.

According to court papers, the trio was later given another consignment of 80 000 discs for Vharazipi Two, which was also being sold at $1 per unit.

“However, despite demand, the defendants have failed, refused or neglected to declare and or account for $80 000 being the proceeds of Vharazipi Two and therefore the defendants had misappropriated the $80 000 or converted it into their own use in breach of the Trust agreement,” the court heard.

The trio is alleged to have used the funds to buy a car, which they have confiscated to the prejudice of the Trust.

The Trust is also said to have produced another film called Voice, which the trio is accused of intending to distribute without consent from the organisation.

“The plaintiff’s claim is for an order stopping the defendants from publishing, disposing or dealing with the plaintiff’s Voice film in any manner without prior written consent of the plaintiff,” the court heard.

The trio did not respond to the application, which resulted in the Trust applying for a default judgment, which was subsequently granted in its favour on October 18 this year.

“The application for default judgment be and is hereby granted. The respondents jointly and severally be and are hereby ordered to return the motor vehicle to the applicant within 48 hours of granting this order or payment of $8 500 being the equivalent value of the motor vehicle,” Mangota said, further barring the trio from publishing, distributing and disposing or dealing with the Trust’s Voice film.

He further ordered the trio to pay back $210 000 back to the Trust for the discs that were sold. Daily News

  • Will ziya cultural arts survive after david mubaiwa aka vharazipi is gone ?????will chairman and mai john make it ???kana vapedza kutora property yako utange zvako mubaiwa tione vakazviita navamayaya

    • Kana iye mukomana wekumhanya kumakuva uyu haasati ambounganidza mari yakadaro nemadisc. Torai zvake zvese tione 218k yacho mukaiwana. Totangidza naye ega patsva.

  • Chiyi chakaitika?

  • Could selling discs have raised such an amount especially this era of piracy. I doubt it.

  • Haa havanawo nyaya ava. $218k inotenga imba kuBorrowdale. Hino ivo sabhuku zvavari kugara kumusha, vakatengei nayo.

  • ah! $218k let’s be serious with these figures!!

  • Ziya ndeyana Dzatsunga here the playwright?

  • $218 000 in which country, zvimwe zvinhu dai vanhu vachitanga vafunga so

  • Zvino zvaangori negreyhound vachadii?

  • NEHANDA MUNONYEPA,,,MUNEMANYEPO ANOTOKUNDA NGOMA KURIRA AAAAAAAH!

  • Is it $218 000 or $218 ,00ndofunga vakakanganisa mafigures ini,hamuonewo sekudaro

  • Mr Editor makanganwa kucheka maZero ayo before publishing

  • Pussyclat!!! Wy using western lawas to make your own brethren poorer.

  • kana $2000 anayo here arume

  • On behalf how…who is Ziya cultural group

  • How far true is this accusation?Why could they attach to abduct property of a humorous man who has travailed to reach to such heights in life considering his poor social background.I wonder if this could be true .This sum of money he’s being accused of misusing is too exorbitant.

  • mari yamurikureva iyi mukayipiwa munogona kuyishandisa here Taurayi zvimwe mari yamareva yakanyanya

  • which zimbabwean movie will gross that much ? even doubt even neria didnt make that much

  • which zimbabwean movie will gross that much ? even doubt even neria didnt make that much

  • Musadaro sabhuku

  • Inindinoti ngabhadare ndiwo wuwori kutengesa madisc ne piracy thats a crime plus public indicency yekusavara zipi he must be fined

  • Ticjadzoka ne comment kana mr Editor mabvisa mamwe ma Zero.

  • I house I . Mucheke for 218 thousand

  • property yacho anayo here

  • ini ndongoziva ngoro nemadhongi

  • Thts too much, is it true?

  • how do they know how many discs he sold in this age of serious piracy?

  • Ndoyaaka shandisa kuhoresa vanhu mabagwe

  • Ngaavhare nezipi

  • That’s why they say education is vital, obviously these guys signed documents to that effect & will face the full wrath of the law. They say ignorance of law is of no defence. One might make money but a certain level of education is still required.

    • U are right bt pple must nt abuse talent in the name of law. Did they agree tht the go sale n u bring cash back o trust to sale on behalf

    • Vasadaro vana ziya what soever ..killing talents in the name of law . nxaaaa

  • Should have kept that zipper zipped up

  • Pane nyaya apa… madisk angasvike that amount

  • $218 000 against Vharazipi? It doesn’t make sense

  • So does this mean Varazipi is a millionaire in Rands?

  • ane property inosvikako here

  • This is extortion. Why did they not sale the discs theselves

  • Uuum how many discs were sold and at how much?

  • Ma funnies aya kkkkk anoiwanepi property worth $218k

  • Kkkk ritori rimwe drama iri,muchatonzwa voti vakabudisa rimwe.Enjoy this new drama guys

  • Really?? £218 000 That amount even 2 artists can not raise it by selling discs, Piracy yayaendepi? 😯

  • Kobvigwa sabhuku

  • Zvanga zvisina kuipa kuti VZ muendewo kuma film school mondofundawo a bit about how to manage your business….. #DzidzoNdiyoNhakaYoupenyu

  • boyz musada kutinzwa munoiziwa $218 000 vharazipi akaiba kup haana such prperty inosvika mari iyi manyepa i know him

  • Sad hey.Sabhuku vanogona.Wish vabude patsekwende iyi

  • Ko unoti mabagwe here..? MaDisc awa kkkk

  • Kuda vavachida kuti $218 ,00

  • Mwanakomana wemunhu dzorera mari wevanhu

  • mari yakadai akaiwanepi

  • Matanga manje. Maakurwadziwa nei. Nxaaa

  • Mai weee

  • Mai weee

  • Pakaenda kuUK aishandisa mari IPI VZ wenyu uyu woti zimhazha

  • Mombe yemurombo haireke.

  • Mombe yemurombo haibereke

  • Chikiti

    Our broke celebrities, this is obviously not paying

  • Nhai veduwe anoiwanepi mari yese iyo..

  • Pakaipa

  • Mwari huyayi …vanhu vaye vatanga

  • Let’s donate dollar each to help Vz and company obviously they were duped into signing dubious contracts without full knowledge of the contents

  • The question is ,does he have property Worth that money?

  • This is insane and inhumane.

  • Kkkk Huhumana Uko Aaaah

  • Mari iyo ndeyechokwadi here . Asi manga muchida kuti 218 dollars here

  • Janjo NoNonsense

    Can’t believe this, so these were the DVDs that Vharazipi was selling from the backseat of that white Twincab? Oh! Business rakadaro rakadhakwa iro!