Smelly Dube seeks High Court order to stop police from arresting her
By Nyashadzashe Ndoro | Nehanda Courts |
A Gweru businesswoman and property developer, Smelly Dube on Tuesday approached the High Court seeking an order to interdict the police from arresting her over allegations emanating from what she argues is an “unpublished” Land Commission report.
In court papers seen by Nehanda Radio, Dube through her lawyers, Takaindisa Law Chambers, cited her company River Valley Properties as the 2nd applicant and argues that the findings of the Land Commission have to be submitted to the President and made public before any arrests.
She added that she was called two days ago by the police to come and answer to allegations of fraud and conspiracy to commit abuse of office.
Dube cited eight respondents who are: the Commissioner General of the Police, Special Anti-Corruption Unit, the Zimbabwe Anti-Corruption Commission, Office of the President and Cabinet, Justice Minister, Officer commanding CID Gweru, Minister of Home Affairs and Minister of State for Midlands Provincial Affairs.
She approached the High Court in Harare seeking an order to stop the police from arresting her.
“In terms of the presidential proclamation SI 102/2017, a commission of enquiry was established in terms of which the sale of State land in and around urban areas since 2005 was to be investigated,” read the court paper.
“The terms of that commission are articulated properly in the founding affidavit.”
She added: “The proclamation established that the commission was to institute a report and submit it to the President of Zimbabwe and consequent to that submission, report was to be availed to the public.
“A reading of that proclamation establishes the report was to be availed as a way of must.
“For the respondents to purport to effect an arrest on account of that report while it remains unpublished is to put the cart before the horse.”
The Land Commission was established in 2017 to investigate the injustices associated with the acquisition of state land in urban areas since 2015. Nehanda Radio