Burial society attaches thieving councillor’s property
By Mashudu Netsianda
A Bulawayo Councillor, Clayton Zana, who blew more than $17 000 in burial society funds is set to lose his property after it was attached for failing to pay back the “stolen” funds.
The attachment of his property follows his failure to comply with a High Court order directing him to pay back $17 682 being contributions by Progressive Burial Society’s members. Clr Zana, of Ward 19 in Pumula East, was taken to court by 72 disgruntled members of the burial society who accused him of dipping his fingers into the coffers of the group.
Bulawayo High Court judge Justice Nicholas Mathonsi ordered Clr Zana to pay the disgruntled members their contributions after they filed a chamber application for default judgement against him.
According to a writ of execution, signed by the Registrar of the High Court, citing one Mr C Mhlanga and 71 others as plaintiffs and Clr Zana and Progressive Burial Society as the defendants, the Sheriff or his/her deputy have been directed to attach the property to recover the money.
“You are required and directed to attach and take into execution the movable property – Clayton Zana and Progressive Burial Society, the above mentioned defendants at 8200 Pumula East, Bulawayo, and of the same cause to be realised the sum of $17 682,20 being the money which it recovered by judgment of this court dated 16 November 2017,” reads part of the document.
Mr Mhlanga and 71 others, through their lawyer Mr Nkosilathi Mlala of Sansole and Senda Legal Practitioners, approached the courts seeking an order directing Clr Zana to pay back the money.
In their court papers, the plaintiffs said they pulled out of Progressive Burial Society because Clr Zana had restricted the day-to-day running of the organisation to himself.
“The plaintiffs pulled out of the burial society after the first defendant (Clr Zana) effectively took over every asset of the second defendant (Progressive Burial Society) including the funds and the books of account,” said Mr Mlala.
The lawyer said Clr Zana unjustly enriched himself by squandering the funds.
“The first defendant was running the burial society to his own exclusive benefit. The defendants will be unjustly enriched if they are not ordered to refund the plaintiff’s monetary contributions amounting to $17 682,20,” said Mr Mlala.
The plaintiffs said despite demand, Clr Zana refused to pay back their money
Clr Zana only filed a notice to defend the summons, but failed to challenge the lawsuit in court resulting in a default judgment against him. The Chronicle
