ZRP fights to save attached property

By Tendai Kamhungira

The Zimbabwe Republic Police (ZRP) is fighting to protect its property attached to settle a $450 000 debt owed to a company contracted to partake in a $4 million borehole drilling project.

This follows the High Court’s decision to grant Water Logistics Investments (Private) Limited a writ of execution in March this year to attach movable property belonging to the ZRP to recover the debt.

In their application to the same court, the police bosses aver that the property being sought for attachment belonged to the State and that in terms of the State Liabilities Act it should not be seized.

“This is a court application for declarateur wherein the applicants seek declaration as to whether a writ of execution against movable property issued by the respondent (Water Logistics) to attach State property is lawful,” reads part of an affidavit by ZRP commissioner-general Godwin Matanga.

“On the 2nd of March 2018, a writ of execution was caused to be issued by this honourable court to attach movable property of the applicants.

“It is common cause that the property of the applicants belongs to the State and I am advised which advice I accept that respondent is proscribed from issuing a writ of execution against property of the State by Section 5 of the State Liabilities Act…”.

He further said the court must exercise its discretion under Section 14 of the High Court Act Chapter 7:06.

“In view of the foregoing, the applicants prays that the writ of execution against movable property of the State issued by the respondent…is unlawful and of no effect,” the court was told.

According to court papers, Water Logistics offered its services in police projects which include drilling boreholes, water reticulation and provision of water and sanitation in police stations across the country.

The total invoice for the whole project was $4 532 732, 40, and the police paid $4 077 899, 59.

“After being engaged in January 2012 through a verbal agreement, the plaintiff (in the main application, Water Logistics) provided its skills, spares, equipment and all other paraphernalia…,” the company said.

The court was also told that the company went on to carry out work at different police stations across the country and payments were made at various intervals between January 2012 and October 2015.

“From a reconciliation done with the defendant’s legal department and discussions held with representatives of the third and fourth defendants, it was agreed that plaintiff was owed $454 832, 81 for work done in 2014 and 2015,” the court heard.

The company further told the court that several meetings were convened at the then police commissioner-general Augustine Chihuri’s offices and the parties agreed on what was to be paid on the job done.

“Despite repeated demand for payment of the balance owing to the plaintiff the defendant have refused, failed and/or neglected to pay the sum owing.

“No reasonable explanation has been given for refusal to honour dues for services rendered,” the court was told.

According to the company’s chief executive officer Munyaradzi Chifamba, his firm carried out its duties diligently.

“Plaintiff also carried out work at some of the officers’ homes upon their request and their relatives for which charges have not yet been levied as they indicated they would pay separately,” Chifamba said.

Police have denied owing the company any cent, adding the claims by the firm are baseless. DailyNews