ZACC roped in to silence complainant against justice Webster Chinamora

The complainant in the matter against Justice Webster Chinamora who allegedly delivered a judgement of a dispute between Belwarie Holdings Private Limited before the matter sat for hearing has now been arrested by the Zimbabwe Anti-Corruption Commission (ZACC) for alleged fraud.

The complainant Believe Guta was arrested after he wrote a complaint against the judge and another investigative piece where he found out that the Judge was in constant communication with the beneficiary of the judgement before he delivered it.

Guta who was expected to appear in court yesterday believes its a plot to silence him and save face for Justice Chinamhora’s errors which he admitted.

According to the complaint, one Tawanda Zvobgo appeared and claimed to be representing the other party against Guta’s party despite the fact that he did not file any assumption of agency on the case and Titan Law Chambers who were representing that party had not filed a renunciation of agency.

“We don’t know how the Judge’s clerk came to invite a law firm which did not file any assumption of agency or at least represent any of the parties at any stage of the case. How the judge got to know that Zvobgo Attorneys was now representing the other party is still a mystery.

“As we were in the office of the Judge’s clerk waiting to be escorted into the Chambers, the Judge’s clerk made a call to the judge the verbatim which we reproduce as follows:

“Hello Judge, ndine ma parties epa case ya Mr Zvobgo, ndopinda navo here?

“What the above meant is that the judge regarded our case as “case ya Mr Zvobgo” when Mr Zvobgo did not represent any of the parties or at least file any assumption of agency,” Guta’s fellow General Manager of Belwarie Holdings Limited Admire Gowera wrote.

“When we entered into the Judge’s Chambers, he admitted that he had delivered judgement on a case which was not heard or argued. He claimed that this was an error on his part.

“He suggested that he can simply just destroy the printed judgment and delete from the system as a way of correcting his error.

“We did not agree with his suggestion preferring that he should on his own initiative simply issue another judgement rescinding his “erroneous one” as provided for in Rule 29 of the High Court Rules, 2021,” they wrote.

According to the complainants investigations,

“On October 18, this year at around 9:57am the judge using his alleged personal cell number 0771**870 called Zvobgo on his personal number 0775**968 to discuss on how they were going to manage the scandal.

” That Mr Tawanda Zvobgo called Mr Valentine Mhungu and that on the 27 October 2023 at 10:42am and 10:48am Mr Tawanda Zvobgo using his personal cell phone number 0775 * 968 sent an sms and called Advocate Hashiti with the intention to recruit him in to defend the judge.

” Their idea was to forge a transcript of a court record and insert the names of Advocate Hashiti, Advocate Mubaiwa, Advocate Saunyama and Mr Valentine Mhungu and then purport as if the case which the judge delivered judgement on was heard,” Gowero wrote.

“What they forgot is that these cases were court applications and in court applications before superior courts, the Judicial Service Commission keeps audio recordings of hearings,” he wrote.

Guta’s complaint is yet to be responded to but however he was expected to appear in court yesterday over the same dispute.