News / National
Zanu-PF MP appeals jail ruling
01 Nov 2018 at 01:52hrs | Views
Murehwa North legislator Daniel Garwe (Zanu-PF) has filed an appeal at the Supreme Court against a two-month jail sentence imposed on him for flouting a High Court order barring him from stripping the family farm in Mvuma and properties in Harare.
But the legislator risks jail time if he loses the appeal he filed through his lawyers, Mundiya and Mu dhara.
In a High Court application (HC 6885/18) made by his estranged wife, Pedzisayi Miriam Lillieth Garwe, the MP is accused of defying a court order made on June 15, 2018 that blocked him from removing assets held under the family trust.
High Court judge Sylvia Chirawu-Mugomba recently ruled that Garwe was in contempt of the High Court, before slapping him with a 90-day prison term, 60 of which would be suspended on condition that he immediately complies with the court order.
However, Garwe now wants the High Court ruling set aside by the Supreme Court.
"The court a quo erred in law in interdicting the appellant (Garwe) from dealing with assets that do not belong to the parties and that cannot be affected in any way whatsoever by pending divorce proceedings in HC 5020/18," Garwe said.
"Alternatively, the court a quo improperly exercised its discretion and made an irrational decision in ordering the return of assets that are either subject to lease agreements in genuine commercial transactions or are being repaired, with a view to future commercial use."
Following the appeal, the court directed that an inspection in loco be held at the farm last Friday.
The court is now expected to come up with an inventory detailing its findings, amid indications that some items were found missing at the property.
In the High Court ruling, Chirawu-Mugomba said Garwe was in defiance of the court order, which required him to "return forthwith assets removed from subdivision A of Rhodesdale, also known as Sebakwe Ranch farm in Mvuma, being an electric hammer mill, boom spray, lister pump, planter, gladiator mower, TD 95 tractor and P11 plough."
"The applicant averred that the respondent was in breach of the court order by failing to return forthwith all assets he removed from number 12 Mitchel Road, Kamfinsa, Greendale, Harare, being an Isuzu truck registration number ABI 5006, Bomag roller, construction shutters, window frames, timber, pivot water pump set and Isuzu TR registration number ABI 5791," she ruled.
But the legislator risks jail time if he loses the appeal he filed through his lawyers, Mundiya and Mu dhara.
In a High Court application (HC 6885/18) made by his estranged wife, Pedzisayi Miriam Lillieth Garwe, the MP is accused of defying a court order made on June 15, 2018 that blocked him from removing assets held under the family trust.
High Court judge Sylvia Chirawu-Mugomba recently ruled that Garwe was in contempt of the High Court, before slapping him with a 90-day prison term, 60 of which would be suspended on condition that he immediately complies with the court order.
However, Garwe now wants the High Court ruling set aside by the Supreme Court.
"The court a quo erred in law in interdicting the appellant (Garwe) from dealing with assets that do not belong to the parties and that cannot be affected in any way whatsoever by pending divorce proceedings in HC 5020/18," Garwe said.
"Alternatively, the court a quo improperly exercised its discretion and made an irrational decision in ordering the return of assets that are either subject to lease agreements in genuine commercial transactions or are being repaired, with a view to future commercial use."
Following the appeal, the court directed that an inspection in loco be held at the farm last Friday.
The court is now expected to come up with an inventory detailing its findings, amid indications that some items were found missing at the property.
In the High Court ruling, Chirawu-Mugomba said Garwe was in defiance of the court order, which required him to "return forthwith assets removed from subdivision A of Rhodesdale, also known as Sebakwe Ranch farm in Mvuma, being an electric hammer mill, boom spray, lister pump, planter, gladiator mower, TD 95 tractor and P11 plough."
"The applicant averred that the respondent was in breach of the court order by failing to return forthwith all assets he removed from number 12 Mitchel Road, Kamfinsa, Greendale, Harare, being an Isuzu truck registration number ABI 5006, Bomag roller, construction shutters, window frames, timber, pivot water pump set and Isuzu TR registration number ABI 5791," she ruled.
Source - newsday
