News / National
Chihuri dragged to Parliament
30 Aug 2015 at 04:50hrs | Views
DESPERATE to be paid $64 000 in damages by the police for victimisation after he testified against fellow detectives at an inquest, former Bulawayo homicide detective Bazil Nyapokoto has taken Commissioner-General Augustine Chihuri to Parliament. Nyapokoto was arrested and kicked out of his official residence at Ross Camp in 2011 after he testified against his workmates at an inquest on the death of two armed robbery suspects.
He told the court that the shooting of the two suspected armed robbers, Jabulani Quinton Sibanda and Nehemiah Temai Vumbunu, was stage managed to cover up for their death at Bulawayo Central Police Station due to torture.
In his letter to Clerk of Parliament Mr Kennedy Mugove Chokuda, Nyapokoto is seeking the intervention of the legislature to help him enforce his High Court orders which compelled Com-Gen Chihuri to pay him the damages.
However, Mr Chokuda advised him that Parliament could not intervene when another organ of the State is constitutionally mandated to deal with the matter.
"The judiciary is constitutionally mandated to handle matters that fall under their ambit without interference from the Legislature (Parliament). There are rules and procedures of the High Court which govern the enforcement of court orders and the process to be followed in the event of a party failing to comply with an order of the Court. Therefore, I urge you to adhere to the rules of the courts. I advise you to seek advice and guidance on how court orders are enforced from your lawyers, Dube-Banda, Nzarayapenga and Partners as they have a duty to represent you, their client, until the matter is finalised. Accordingly, I advise that you, through your legal practitioners, follow the proper legal channel for the enforcement of the court order," wrote Mr Chokuda.
The latest development comes as Nyapokoto is pushing for a contempt of court charge at the Bulawayo High Court against Commissioner-General Chihuri and four of his subordinates.
In February 2013, Justice Maphios Cheda ordered Bulawayo police commander Senior Assistant Commissioner Steven Mutamba to arrest one of his lieutenants, Superintendent Pilate Moyo and deliver him to the nearest prison to serve 90 days for defying a court order instructing that his property be attached by the Deputy Sheriff for victimising Nyapokoto.
Moyo defied an order by Justice Cheda in 2011 after he blocked the Deputy Sheriff from attaching his property to pay Nyapokoto the damages and an order for his incarceration was subsequently issued by the same judge.
However, Com-Gen Chihuri intervened and filed an application for rescission of judgment on 6 March 2013 seeking to shield Moyo from contempt of court.
In January last year, Justice Martin Makonese ordered Com-Gen Chihuri to comply with the directive to pay the damages, but he is yet to comply.
Justice Makonese had earlier on dismissed with costs an application by Com-Gen Chihuri to rescind the judgment.
Com-Gen Chihuri conceded that the force would pay $64 000 in damages to Nyapokoto within two months, but he made an about turn and filed an application for rescission of the judgment.
The application for rescission was out of time and was accompanied by another application for condonation of late filing, which Justice Makonese dismissed with costs.
Justice Makonese ordered the police to pay Nyapokoto damages, putting closure to a case that had been in court for three years.
In the final judgment Justice Makonese blasted the police boss, Com-Gen Chihuri and said the High Court would not hear him in the matter until he complied with other court orders he had defied, as he was approaching the court with dirty hands.
"The Applicant (Com Gen Chihuri) is a party to the proceedings still pending in court. The Applicant purports to assume liability of a party who is in contempt of a court order. The Applicant cannot be heard until he has purged his contempt. There is clear evidence that the court order has been ignored and violated by the Applicant and his officers. It is abundantly clear that the conduct of the Applicant and Superintendent Pilate Moyo shows a flagrant disregard of a lawful order of the court," said Justice Makonese.
"The level of defiance to the court order is in my view, not expected of law officers. If police officers violate court orders deliberately and knowingly, then there is likely to be a breakdown of law and order. The Applicant should not be seen to be actively encouraging and aiding in the violation of orders of this court. The court frowns upon such conduct. I have no doubt, therefore, that the Applicant is approaching the court with dirty hands. On this basis alone he should not be heard by the court until he purges his contempt."
He told the court that the shooting of the two suspected armed robbers, Jabulani Quinton Sibanda and Nehemiah Temai Vumbunu, was stage managed to cover up for their death at Bulawayo Central Police Station due to torture.
In his letter to Clerk of Parliament Mr Kennedy Mugove Chokuda, Nyapokoto is seeking the intervention of the legislature to help him enforce his High Court orders which compelled Com-Gen Chihuri to pay him the damages.
However, Mr Chokuda advised him that Parliament could not intervene when another organ of the State is constitutionally mandated to deal with the matter.
"The judiciary is constitutionally mandated to handle matters that fall under their ambit without interference from the Legislature (Parliament). There are rules and procedures of the High Court which govern the enforcement of court orders and the process to be followed in the event of a party failing to comply with an order of the Court. Therefore, I urge you to adhere to the rules of the courts. I advise you to seek advice and guidance on how court orders are enforced from your lawyers, Dube-Banda, Nzarayapenga and Partners as they have a duty to represent you, their client, until the matter is finalised. Accordingly, I advise that you, through your legal practitioners, follow the proper legal channel for the enforcement of the court order," wrote Mr Chokuda.
The latest development comes as Nyapokoto is pushing for a contempt of court charge at the Bulawayo High Court against Commissioner-General Chihuri and four of his subordinates.
In February 2013, Justice Maphios Cheda ordered Bulawayo police commander Senior Assistant Commissioner Steven Mutamba to arrest one of his lieutenants, Superintendent Pilate Moyo and deliver him to the nearest prison to serve 90 days for defying a court order instructing that his property be attached by the Deputy Sheriff for victimising Nyapokoto.
Moyo defied an order by Justice Cheda in 2011 after he blocked the Deputy Sheriff from attaching his property to pay Nyapokoto the damages and an order for his incarceration was subsequently issued by the same judge.
However, Com-Gen Chihuri intervened and filed an application for rescission of judgment on 6 March 2013 seeking to shield Moyo from contempt of court.
In January last year, Justice Martin Makonese ordered Com-Gen Chihuri to comply with the directive to pay the damages, but he is yet to comply.
Justice Makonese had earlier on dismissed with costs an application by Com-Gen Chihuri to rescind the judgment.
Com-Gen Chihuri conceded that the force would pay $64 000 in damages to Nyapokoto within two months, but he made an about turn and filed an application for rescission of the judgment.
The application for rescission was out of time and was accompanied by another application for condonation of late filing, which Justice Makonese dismissed with costs.
Justice Makonese ordered the police to pay Nyapokoto damages, putting closure to a case that had been in court for three years.
In the final judgment Justice Makonese blasted the police boss, Com-Gen Chihuri and said the High Court would not hear him in the matter until he complied with other court orders he had defied, as he was approaching the court with dirty hands.
"The Applicant (Com Gen Chihuri) is a party to the proceedings still pending in court. The Applicant purports to assume liability of a party who is in contempt of a court order. The Applicant cannot be heard until he has purged his contempt. There is clear evidence that the court order has been ignored and violated by the Applicant and his officers. It is abundantly clear that the conduct of the Applicant and Superintendent Pilate Moyo shows a flagrant disregard of a lawful order of the court," said Justice Makonese.
"The level of defiance to the court order is in my view, not expected of law officers. If police officers violate court orders deliberately and knowingly, then there is likely to be a breakdown of law and order. The Applicant should not be seen to be actively encouraging and aiding in the violation of orders of this court. The court frowns upon such conduct. I have no doubt, therefore, that the Applicant is approaching the court with dirty hands. On this basis alone he should not be heard by the court until he purges his contempt."
Source - sundaynews
