Chombo faces 90 days in prison

By Tendai Kamhungira

Home Affairs minister, Ignatius Chombo, faces 90 days in prison after failing to comply with a court order directing him to facilitate the release of $78 000 confiscated by police from a Mutare businessman — Tendai Blessing Mangwiro.

Police, who are answerable to Chombo’s ministry, seized the cash following Mangwiro’s arrest in 2008 on alleged theft charges.

The money was held as exhibit.

The police claim they returned the money to the then complainant Andrea Nsaka Nsaka.

Mangwiro is demanding his money back following his acquittal in 2012.

Despite a High Court order, the police have failed to do so, resulting in the prolonged legal battle.

Chombo is accused of failing to comply with the court order, prompting the businessman to file an application demanding the minister’s incarceration in a matter that will be heard today.

“It is true that the . . . matter is on unopposed roll on Wednesday 9th of November 2016 before . . . Justice (Emmy) Tsanga),” Mangwiro’s lawyers Mahuni and Mutatu Legal Practitioners wrote on Monday to the attorney general’s office.

“Be pleased to take notice that we have complied with the honourable court’s rules by serving the application in question on . . . Chombo . . . (personally).”

However, the attorney-general’s office responded, claiming they will seek a postponement of the matter on the basis that Chombo was not personally served with the court papers, despite the existence of the return of service from the High Court sheriff.

This application comes after Mangwiro also won another High Court order, demanding Chombo to facilitate the release of another Z$46 135 000 000, which is equivalent to

$1,5 million which was also confiscated from him in 2008.

“The respondent (Chombo) is ordered and directed to comply with statutory duty cast upon him in terms of Section 5 (2) of the State Liabilities Act (Chapter 8:14), that is to cause to be paid out of the Consolidated Revenue Fund, the sums of money awarded to applicant (Mangwiro) by the order of this honourable court . . . ,” High Court judge Owen Tagu ruled.

Tagu further ordered Chombo to comply with the order within 14 days, failure of which he would also be declared to be in contempt of the court order. Chombo was also slapped with costs of the suit. Daily News