High Court Sheriff under probe

THE Zimbabwe Anti-Corruption Commission (ZACC) has launched investigations into High Court Sherriff McDuff Madega over several cases in which he is alleged to have illegally sold properties attached by the courts.

Several people claim to have lost houses on account of Madega's actions.

He is accused of working with a cartel of officials in his office, lawyers, auctioneers and officials at the deeds office to target people whose properties would have been attached by the courts.

At least nine cases that largely involve improper sale of the seized properties have been reported to ZACC.

ZACC Spokesperson Commissioner John Makamure confirmed that the anti-graft body is undertaking a probe into Mr Madega's conduct.

"The matter is under investigation and we will make details available once we have completed the investigations," he said.

In one of the cases reported under reference number RR 30/07/19, Mr Madega is accused of selling a Bluffhill house under CBZ mortgage without transferring the proceeds of the sale to the bank and other beneficiaries.

According to the owner Mr Nobert Njazi, the Sheriff sold the property after misrepresenting to the court that he had failed to locate the original title deed no 71S9/200S.

"He did not advise CBZ Bank of the attachment and sale of my house. He did not check or examine bonds, caveats and encumbrances to the holding deed otherwise he would have noticed the

interest of CBZ Bank."

Mr Njazi argued that by holding a mortgage bond over the property, CBZ Bank had the right and was supposed to be given first preference when the time to pay arrived.

In a statement to the Criminal Investigations Department (CID), CBZ investigations manager Mr Francis Dembaremba confirmed the existence of a mortgage bond of over US$80 000.

"I can confirm that CBZ Bank is in custody of the documents (title deeds) and these are being held as security against a debt owed jointly by Nobert Njazi and Margaret Njazi which debt is still outstanding," he said.

Contacted for comment Mr Madega directed all questions to the Judicial Services Commission (JSC).

JSC Secretary Mr Walter Chikwanha yesterday said the Commission would act once it had received official communication from ZACC.

"Usually when we receive these inquiries from law enforcement agencies, and if there is a criminal investigation opened against one of our employees, they will be suspended while investigations proceed," he said.

"But as of now we have not received such communication."

In another case reported to ZACC, a complainant said Mr Madega facilitated the sale of his house within a day of processing the deeds, while
summons had been sent to a wrong address.

"A property was sold below the evaluation reports from private Estate Agents. In terms of the law, after the sale of the property, the Sheriff is supposed to ask the owner of the property to file an objection to the sale within 15 days before the Sheriff can confirm the sale.

"Instead the Sheriff sent the letter to the property owner's farm in Shurugwi and yet all other letters were being sent to his lawyers.

"The owner of this property received this letter a day before the expiry of the window period to file his objection. He was unable to file on time resulting in the house being confirmed sold. The Sheriff then ordered the registrar of deeds to process the title deeds for the new buyer. The deeds were processed within a day."