Joshua Nkomo's ex-bodyguard stealing Zpra property?

Former bodyguard to the late Vice President Joshua Nkomo, Frederick Charles Moses Mutanda, has declared that Zimbabwe People's Revolutionary Army (ZPRA) veterans "have no case" against him after their court bid to reclaim a contested property in Bulawayo was struck off the roll.

The dispute, brought by Nitram Holdings (Private) Limited, the company representing ZPRA's commercial interests, centred on ownership of the Geddes Building, located at No. 69 George Silundika Avenue in central Bulawayo.

The matter was dismissed on October 31 by Bulawayo High Court judge Justice Bongani Ndlovu, marking a temporary victory for Mutanda in a long-running legal battle over assets linked to the former liberation movement's military wing.

"I didn't file any legal challenge, they did," Mutanda told Southern Eye in an interview. "It's now up to them after the case was struck off the roll. Otherwise, they have no case."

In its February 11 summons, Nitram Holdings had sought a court order compelling Mutanda and Geddes Limited — a wholly owned subsidiary of CAPS Holdings — to transfer the building's title within 10 days. The company further requested that the defendants be barred from selling or encumbering the property, and demanded punitive costs for what it called an "unjustified refusal" to hand over ownership.

Mutanda, however, mounted a robust defence, arguing that the case was fatally flawed on procedural and legal grounds.

He highlighted a discrepancy in the plaintiff's name, noting that the summons cited "Nitram Holdings Private Limited" while the registered entity is "Nitram Private Limited."

Mutanda also invoked a historical legal point, citing Proclamation 9 of 1982, which declared "Nitram Private Limited" an unlawful organisation in the aftermath of post-independence political tensions. He argued that under the legal doctrine ex turpi causa non oritur actio — a right of action cannot arise from an illegal cause — Nitram could not lawfully pursue the case.

Calling the application an "abuse of court process," Mutanda sought its dismissal with punitive costs — a position now effectively upheld with the case's removal from the roll.

In a separate development, Mutanda wrote to President Emmerson Mnangagwa on May 30, warning of what he described as "unlawful invasions" of properties in which he holds a controlling stake. He alleged that the individuals behind the invasions claimed to be acting under the authority of Vice President Kembo Mohadi.

Mutanda's letter also raised concerns about a longstanding ownership impasse at CAPS Holdings Limited, referencing a Supreme Court ruling from February 8, 2024. He expressed frustration that despite his outreach to various ministries and financial institutions, there has been no direct government engagement to resolve the issue.

"This continual impasse is negatively impacting one thousand one hundred and eight members/shareholders," Mutanda wrote, adding that the dispute has persisted since 2011 and undermines the Government's ‘Zimbabwe is Open for Business' and Vision 2030 goals.

The letter was copied to Vice President Mohadi and Chief Secretary to the President and Cabinet Martin Rushwaya.

The Geddes Building is among several properties seized by the Government from Nitram Holdings at the height of the Gukurahundi conflict in the 1980s. ZPRA veterans and former Zapu officials have long demanded the return of these confiscated assets, which include farms, buildings, and companies once owned by the liberation movement.

While successive administrations have pledged to resolve the matter, progress has been slow and politically sensitive, with the issue remaining a source of tension between the state and former Zapu and ZPRA members.

For now, Mutanda maintains control of the contested property — but the broader dispute over ZPRA's seized assets remains unresolved more than four decades later.