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Mutumwa Mawere sentenced to 6 months in SA prison
05 Oct 2024 at 16:16hrs | Views
Zimbabwean-born South African businessman Mutumwa Mawere has been sentenced to six months in prison for contempt of court, following a protracted legal battle involving Southern Asbestos Sales (Pty) Ltd and SMM Holdings. The case, rooted in a payment dispute dating back to 2003, has been ongoing for more than 20 years.
The Gauteng Division of the High Court, Johannesburg, issued the order on 29 August, with Justice Du Plessis presiding over the matter. Mawere was instructed to surrender himself to the Sandton Police Station within five days of the ruling. The sentencing follows a court hearing on 14 August.
The legal conflict stems from a dispute over a debt of approximately R74 million owed by SMM, a Zimbabwean asbestos mining company owned by Mawere. In 2004, SMM was controversially placed under state administration by Zimbabwean authorities, citing unpaid debts to the government. However, the matter also has significant political undertones, as it followed a fallout between Mawere and senior Zimbabwean politicians aligned with President Emmerson Mnangagwa, who was a cabinet minister at the time.
Mawere, who was declared insolvent due to the SMM debt, was the applicant in this recent case, opposing the Master of the High Court of South Africa and SMM Holdings. His legal challenge stemmed from a 2016 ruling, which he lost. The contempt of court charge was tied to Mawere’s failure to comply with a May 2022 court order declaring him a "vexatious litigant."
In that ruling, Acting Justice van Niewenhuizen issued an order under case number 16114/2022, prohibiting Mawere from initiating any legal proceedings without prior court approval, due to his history of filing baseless claims. Mawere’s continued legal actions against SMM were found to be in violation of this order, leading to his current sentence.
Justice Du Plessis delivered a stern judgment, emphasizing the importance of upholding court orders and the rule of law. "The rule of law is a foundational value of our constitution. It includes the dignity of the courts being upheld," the judge stated. "Parties who choose not to abide by court orders thus risk being held in contempt of court. When courts are called to decide whether to hold a person in contempt of court, they do so to ensure that the rights of the successful litigant are protected and that the constitution is upheld."
As part of the ruling, Mawere was ordered to pay the legal costs of SMM Holdings, including those for two legal counsels. However, efforts to confirm whether Mawere had complied with the order by the time of publication were unsuccessful.
Mawere's legal troubles stretch back decades, with the businessman, once a prominent figure in Zimbabwe’s mining sector, now entangled in legal and political wranglings spanning two countries. His sentencing marks a significant development in his ongoing legal battle.
The Gauteng Division of the High Court, Johannesburg, issued the order on 29 August, with Justice Du Plessis presiding over the matter. Mawere was instructed to surrender himself to the Sandton Police Station within five days of the ruling. The sentencing follows a court hearing on 14 August.
The legal conflict stems from a dispute over a debt of approximately R74 million owed by SMM, a Zimbabwean asbestos mining company owned by Mawere. In 2004, SMM was controversially placed under state administration by Zimbabwean authorities, citing unpaid debts to the government. However, the matter also has significant political undertones, as it followed a fallout between Mawere and senior Zimbabwean politicians aligned with President Emmerson Mnangagwa, who was a cabinet minister at the time.
Mawere, who was declared insolvent due to the SMM debt, was the applicant in this recent case, opposing the Master of the High Court of South Africa and SMM Holdings. His legal challenge stemmed from a 2016 ruling, which he lost. The contempt of court charge was tied to Mawere’s failure to comply with a May 2022 court order declaring him a "vexatious litigant."
In that ruling, Acting Justice van Niewenhuizen issued an order under case number 16114/2022, prohibiting Mawere from initiating any legal proceedings without prior court approval, due to his history of filing baseless claims. Mawere’s continued legal actions against SMM were found to be in violation of this order, leading to his current sentence.
Justice Du Plessis delivered a stern judgment, emphasizing the importance of upholding court orders and the rule of law. "The rule of law is a foundational value of our constitution. It includes the dignity of the courts being upheld," the judge stated. "Parties who choose not to abide by court orders thus risk being held in contempt of court. When courts are called to decide whether to hold a person in contempt of court, they do so to ensure that the rights of the successful litigant are protected and that the constitution is upheld."
As part of the ruling, Mawere was ordered to pay the legal costs of SMM Holdings, including those for two legal counsels. However, efforts to confirm whether Mawere had complied with the order by the time of publication were unsuccessful.
Mawere's legal troubles stretch back decades, with the businessman, once a prominent figure in Zimbabwe’s mining sector, now entangled in legal and political wranglings spanning two countries. His sentencing marks a significant development in his ongoing legal battle.
Source - online
