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High Court jails businessman for contempt
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The High Court has found businessman Regis Maburutse in contempt of court and sentenced him to six months in prison, wholly suspended on condition he complies with a 2023 order barring him from interfering in the affairs of Matebeleland Engineering (Pvt) Ltd.
Justice Regis Dembure ruled that Maburutse had "wilfully and blatantly" defied a previous judgment by Justice Gladys Mhuri, which interdicted him from disrupting fellow director and shareholder Tony Renato Sarpo.
In his affidavit, Sarpo accused Maburutse of forging records, harassing employees and even rebranding the company's signage in Harare and Bulawayo under new names to sidestep the order.
"The 1st respondent continues to hold himself out as such [a director], blatantly illegally, and continues to usurp the functions of the board," Sarpo told the court.
Maburutse's defence collapsed after the court struck out his opposing affidavit, ruling it had been improperly commissioned. Justice Dembure noted:
"Once an affidavit is found to have been improperly commissioned, it is a nullity. Nothing can flow from it."
With the affidavit invalid, Sarpo's claims stood unchallenged. The court stressed that its orders must be respected, warning that Maburutse risks actual jail time at Chikurubi Maximum Prison if he persists in defying the ruling.
Meanwhile, co-respondent Wayne Williams was cleared of contempt, with the judge noting that the 2023 order had imposed no obligations on him.
The ruling is the latest twist in a bitter shareholder battle over Matebeleland Engineering, which has been marred by allegations of forgery, asset stripping and multiple appeals — most of which Sarpo has so far won.
Justice Regis Dembure ruled that Maburutse had "wilfully and blatantly" defied a previous judgment by Justice Gladys Mhuri, which interdicted him from disrupting fellow director and shareholder Tony Renato Sarpo.
In his affidavit, Sarpo accused Maburutse of forging records, harassing employees and even rebranding the company's signage in Harare and Bulawayo under new names to sidestep the order.
"The 1st respondent continues to hold himself out as such [a director], blatantly illegally, and continues to usurp the functions of the board," Sarpo told the court.
"Once an affidavit is found to have been improperly commissioned, it is a nullity. Nothing can flow from it."
With the affidavit invalid, Sarpo's claims stood unchallenged. The court stressed that its orders must be respected, warning that Maburutse risks actual jail time at Chikurubi Maximum Prison if he persists in defying the ruling.
Meanwhile, co-respondent Wayne Williams was cleared of contempt, with the judge noting that the 2023 order had imposed no obligations on him.
The ruling is the latest twist in a bitter shareholder battle over Matebeleland Engineering, which has been marred by allegations of forgery, asset stripping and multiple appeals — most of which Sarpo has so far won.
Source - NewZimbabwe