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Massive corruption at Kwekwe Messenger of Court
21 Sep 2023 at 10:13hrs | Views
A red flag has been raised amid indications of massive corruption at Kwekwe Messenger of Court (MOC) where the latter is accused of illegally using 'attached and removed property' in his possession before auctioning them.
The Whistle blower, Anti-Corruption Trust of Southern Africa organization wrote a damning report to the Judicial Service Commision,Zimbabwe Anti-Corruption Commission and Zimbabwe Republic Police seeking them to investigate matter.
"It is alleged that the MOC is not only serving process in violation of Magistrates Court (Civil) Rules but is abusing his power, office and authority for personal gain. There is suspicion that the MOC's office is illegally using attached and removed property in his possession before auctioning.
"As at the time of forwarding this report, the MOC and his staff were spotted using the televisions and refrigerators in their offices. The use thereof, prejudices the parties involved in disputes since the property deteriorates and lose value in the process.
"Furthermore, there are serious allegations of conflict of interest since he is alleged to have bought for himself property that his office auctioned," read part of the report.
It is alleged that some victims have since approached the courts seeking justice as against MOC.
"In the City of Kwekwe –vs- Mildred Hlaisi case, it is alleged that the Kwekwe Messenger of Court (MOC) neglected and/or refused to follow laid down procedures in serving the court process in line with the Magistrates Court (Civil) Rules.
"As part of efforts to execute judgement in favour of the City of Kwekwe, it is alleged that the MOC did not serve any process to the Defendant's residence but filed wrong information that he not find any attachable property and issued a nulla bona certificate.
"However, the nulla bona certificate itself was fake, since it is not a product of government printers but the Kwekwe MOC 'cooked' the nulla bona certificate by getting one printed in the streets in Kwekwe.
"The parties legal practitioner were shown the fake certificate but did not realise that it was fake.
"Apart from alleged violation of set down procedures in the Magistrates Court (Civil) Rules, the MOC should be investigated for using fake return of service certificates," said the report.
The Whistle blower, Anti-Corruption Trust of Southern Africa organization wrote a damning report to the Judicial Service Commision,Zimbabwe Anti-Corruption Commission and Zimbabwe Republic Police seeking them to investigate matter.
"It is alleged that the MOC is not only serving process in violation of Magistrates Court (Civil) Rules but is abusing his power, office and authority for personal gain. There is suspicion that the MOC's office is illegally using attached and removed property in his possession before auctioning.
"As at the time of forwarding this report, the MOC and his staff were spotted using the televisions and refrigerators in their offices. The use thereof, prejudices the parties involved in disputes since the property deteriorates and lose value in the process.
"Furthermore, there are serious allegations of conflict of interest since he is alleged to have bought for himself property that his office auctioned," read part of the report.
"In the City of Kwekwe –vs- Mildred Hlaisi case, it is alleged that the Kwekwe Messenger of Court (MOC) neglected and/or refused to follow laid down procedures in serving the court process in line with the Magistrates Court (Civil) Rules.
"As part of efforts to execute judgement in favour of the City of Kwekwe, it is alleged that the MOC did not serve any process to the Defendant's residence but filed wrong information that he not find any attachable property and issued a nulla bona certificate.
"However, the nulla bona certificate itself was fake, since it is not a product of government printers but the Kwekwe MOC 'cooked' the nulla bona certificate by getting one printed in the streets in Kwekwe.
"The parties legal practitioner were shown the fake certificate but did not realise that it was fake.
"Apart from alleged violation of set down procedures in the Magistrates Court (Civil) Rules, the MOC should be investigated for using fake return of service certificates," said the report.
Source - Byo24News
