Zanu-PF councillor jailed for contempt of court

Bulawayo Ward One Councillor, Josiah Mutangi, has been sentenced to 30 days in prison after repeatedly defying court orders to vacate a farmhouse at Imbesu Farm, located 25 kilometres outside the city in the Umguza Rural District Council.

Mutangi had been illegally occupying the property since July 2022 without paying rent, despite multiple legal rulings against him and eviction attempts.

According to court records, the property owner, Zephaniah Matiwaza, secured a court order on November 8, 2022, which nullified Mutangi's lease, demanded unpaid rentals, and approved his eviction along with legal cost recovery. However, the councillor ignored the order and returned to the farmhouse on three separate occasions after being removed.

Matiwaza, represented by Samp Mlaudzi and Partners, waged a protracted legal battle to remove Mutangi, who responded by filing a counter-complaint, alleging damage to his belongings during the eviction carried out by the Messenger of Court.

Seeking justice, Matiwaza filed for civil contempt, arguing that Mutangi had deliberately disregarded the eviction notices and should be jailed for 90 days.

"To pursue my claim and execute the order, I instructed the second respondent (Messenger of Court) to serve the order and proceed with the eviction. The first respondent (Mutangi) was served through his wife on February 20, 2023, and the eviction was carried out on February 23, 2023," Matiwaza stated in court papers.

However, Mutangi allegedly forced his way back into the farmhouse without any legal basis. This happened twice more, with the final eviction being executed on October 4, 2024.

"For the third time, the first respondent, together with his wife and children, threatened violence and reoccupied the property. As of the time of filing this application, they were illegally staying there, without paying rent, in defiance of the court order," Matiwaza added.

He also expressed frustration over law enforcement's reluctance to take criminal contempt action against Mutangi, suggesting that the councillor's political position might have influenced the police's inaction.

Following these repeated violations, the court ruled in Matiwaza's favor, sentencing Mutangi to 30 days in jail for civil contempt. The ruling reinforces the judiciary's stance against defiance of court orders and underscores the legal consequences of unlawful property occupation.