Zanu-PF councillor refuses to vacate lodgings

Bulawayo Ward One Councillor Josiah Mutangi is facing possible imprisonment after being accused of defying multiple court orders to vacate a farmhouse he has been occupying illegally since July 2022. The property, located at Imbesu Farm in Umguza Rural District Council, is owned by Zephaniah Matiwaza, who is seeking Clr Mutangi's committal to prison for civil contempt of court.

According to court documents, Matiwaza obtained a court order on November 8, 2022, canceling the lease agreement, demanding unpaid rentals, eviction, and recovery of costs. Despite this, Clr Mutangi allegedly ignored the ruling and returned to the property on three separate occasions after being evicted.

Matiwaza's lawyer, Samp Mlaudzi and Partners, detailed in the application how the councillor, along with his family, regained entry to the property and denied the owner access, despite evictions being carried out by the messenger of court.

"Without any valid legal basis, excuse, or court order, the first respondent and his wife and children unlawfully went back into the farmhouse," read part of the application.

The most recent eviction, carried out on October 4, 2024, reportedly ended with Clr Mutangi once again reclaiming the property, threatening violence, and continuing to occupy the farmhouse without paying rent.

Matiwaza described Clr Mutangi as a "belligerent, arrogant, and lawless citizen" in his application and argued that such behavior is unbecoming of a public official.

"He is a disgrace as a public official, posing as Ward One councillor when he resides at my farm, where he consistently threatens me and my family," Matiwaza stated.

Matiwaza also accused local police at Queens Park Station of failing to take action against the councillor, potentially due to his political profile.

The farm owner is now seeking a civil contempt ruling to have Clr Mutangi imprisoned for 90 days until he complies with the court's orders. He further requested the Zimbabwe Republic Police to enforce the ruling.

"The first respondent's home and destiny is Bulawayo Central Prison or Khami Prison for 90 days," reads the application.

The matter is set to be heard on Wednesday at the Bulawayo Magistrates Court, where the court will determine whether Clr Mutangi will face imprisonment for contempt of court.

This case has raised questions about accountability and adherence to the rule of law, particularly by elected officials, as residents await the outcome.