News / National
People misled by fake High Court orders
26 Apr 2013 at 04:48hrs | Views
There are fears that dangerous criminals are freely walking out of prisons following revelations that the justice delivery system is under threat from unscrupulous legal practitioners and judicial officers who are allegedly producing fake High Court orders.
Investigations by the state media have established that a number of people have been misled by fake High Court orders which appear to have been orchestrated by corrupt court officials and unethical legal practitioners.
Of interest is the case of the infamous businessman Frank Buyanga through his Hamilton Property Holdings in which a house belonging to a couple Tsitsi and Everisto Chitaku was fraudulently transferred to one Mr David Garonga through a fake High Court order.
The order was to the effect that Buyanga through his company would transfer the Chitaku property into the name of Garonga.
The case has resulted in the Attorney General's office writing to Buyanga's legal practitioners, Antonio and Dzvetero, ordering them to stop the transfer of the property on the grounds that the case is pending before the courts.
After thorough investigations by the High Court, it was established that the order which resulted in the Chitaku couple losing their property was fake.
The fake order was referred as Case Number HC 5434/11 a case which has been proved to be between Gold Driven Investment and Rhodes Mhaka.
However, the correct number of the matter is HC 13566/2.
According to the fake order, it was purported that the order was granted by Justice Felistus Chatukuta yet the said judge never presided over the matter.
Meanwhile, police are investigating suspended Deputy Sheriff David Matipano in connection with the issuance of the Buyanga fake order.
In another matter involving the issuance of fake High Court orders, a Kadoma miner, Munyaradzi Bibi, who was fighting other miners so they would be evicted from a mine, acquired a fake High Court order through his legal practitioners identified as Mahuni and Partners of corner Samora Machel Avenue and 8th street in Harare.
The fake order was purported to have been granted by Justice Joseph Musakwa.
Justice Musakwa is however on vacation and never presided over the matter.
Investigations revealed that the matter was supposed to be heard by Justice Happious Zhou who also did not preside over the case.
ZBC News reports that High Court orders are written on a special paper with unique security features which are constantly changed for security reasons.
These orders are also signed by authorised signatories and not the judges.
There are, however, fears that dangerous criminals might be walking free from the country's prisons through these fraudulent court orders as these two cases are just a tip of the ice berg.
Investigations by the state media have established that a number of people have been misled by fake High Court orders which appear to have been orchestrated by corrupt court officials and unethical legal practitioners.
Of interest is the case of the infamous businessman Frank Buyanga through his Hamilton Property Holdings in which a house belonging to a couple Tsitsi and Everisto Chitaku was fraudulently transferred to one Mr David Garonga through a fake High Court order.
The order was to the effect that Buyanga through his company would transfer the Chitaku property into the name of Garonga.
The case has resulted in the Attorney General's office writing to Buyanga's legal practitioners, Antonio and Dzvetero, ordering them to stop the transfer of the property on the grounds that the case is pending before the courts.
After thorough investigations by the High Court, it was established that the order which resulted in the Chitaku couple losing their property was fake.
The fake order was referred as Case Number HC 5434/11 a case which has been proved to be between Gold Driven Investment and Rhodes Mhaka.
However, the correct number of the matter is HC 13566/2.
Meanwhile, police are investigating suspended Deputy Sheriff David Matipano in connection with the issuance of the Buyanga fake order.
In another matter involving the issuance of fake High Court orders, a Kadoma miner, Munyaradzi Bibi, who was fighting other miners so they would be evicted from a mine, acquired a fake High Court order through his legal practitioners identified as Mahuni and Partners of corner Samora Machel Avenue and 8th street in Harare.
The fake order was purported to have been granted by Justice Joseph Musakwa.
Justice Musakwa is however on vacation and never presided over the matter.
Investigations revealed that the matter was supposed to be heard by Justice Happious Zhou who also did not preside over the case.
ZBC News reports that High Court orders are written on a special paper with unique security features which are constantly changed for security reasons.
These orders are also signed by authorised signatories and not the judges.
There are, however, fears that dangerous criminals might be walking free from the country's prisons through these fraudulent court orders as these two cases are just a tip of the ice berg.
Source - zbc
