MDC senator faces jail over debt

OPPOSITION senator for Matabeleland South, Joyce Ndlovu (MDC) is facing civil imprisonment after a Bulawayo property owner sued her for outstanding rental arrears.

Jitendra Investments (Pvt) Limited's lawyer, Bruce Masamvu, yesterday said he had served Ndlovu with summons after she failed to pay $8 630 being rental inclusive of $1 200 legal costs for the property she leased in the city, but failed to settle.

"Ndlovu is also accused of ignoring a court order issued last year to settle the debt.

"If you fail to pay the sum specified, you must appear before the magistrate court at Bulawayo … to explain why you have not paid it and show cause why an order for your imprisonment should not be made on account of your failure to pay," the summons read.

Ndlovu has also been asked to provide evidence of her financial status, including proof of expenses such as rent receipts, water and light accounts for school fees, insurance policies and any other liabilities to which she may be subject to.

"The court will conduct an inquiry into your financial position depending on the circumstances, it may not commit you to prison but instead give you more time to pay the sum due to you or direct you to pay in instalments over a specified period of time.

"You are at liberty to approach the judgment creditor before the date of the hearing and make an offer for settlement of the sum due," part of the summons read.

The facts of the case are that the two parties on February 27, 2015 agreed that she occupies number 2 Wolverhampton Donnington building in the city and was to pay $600 per month.

In breach of the agreement, Ndlovu refused, failed or neglected to pay the $6 980 as at March 2015. The court ordered her to pay but she neglected to do so.

Ndlovu later filed a stay of execution application, which was dismissed by Bulawayo magistrate, Sheunesu Matova leading to the latest civil imprisonment lawsuit.