ZRP in crosshairs over impounded vehicles

A legal battle is intensifying between a Kariba-based law firm and police in Makuti after officers allegedly defied a High Court order directing them to release two impounded vehicles.

The dispute stems from a ruling by Chinhoyi High Court judge Justice Phildah Muzofa in a matter involving Oscar Zimbeva and Johanne Ruzvidzo (applicants) against Makuti ZRP officer-in-charge Gwabada Ropa Vada and the Mashonaland West provincial police commander. The Home Affairs and Cultural Heritage ministry and the State were cited as third and fourth respondents respectively.

The case was heard on October 21, and after reviewing the submissions, Justice Muzofa granted the application for a declaratur and a mandatory interdict.

In her ruling, the judge declared the second and third notices of seizure issued to the applicants null and void. She further declared the seizure of the two vehicles — a Nissan X-Trail (registration AGI 3608) and a Toyota Regius (registration AFT 8581) — unlawful.

Justice Muzofa ordered the first, fifth and seventh respondents to release the vehicles within three days, and authorised the government to enforce the order should the police fail to comply.

However, despite clear directives, officers at Makuti Police Station allegedly refused to release the vehicles.

Clara Phiri of Phiri and Partners law firm, representing the applicants, said the police's refusal amounted to a serious breach of the rule of law.

"We obtained a High Court judgment at Chinhoyi High Court for the release of our client's vehicles that are being held at Makuti Police Station," Phiri told NewsDay.

"Our client went to collect the vehicles armed with the court judgment, but the vehicles were not released. We then instructed the deputy sheriff as per court order and he proceeded there armed with a writ and the court judgment — still, the vehicles were not released.

"This is not the first time this has happened because an order from the Magistrates' Court for the same case was not complied with. We feel that this goes beyond contempt and it goes to the disregard of the rule of law."

The latest developments raise concerns about police non-compliance with court orders — an issue that legal experts warn undermines judicial authority and threatens constitutional governance.

Phiri and Partners say they are now considering further legal steps to enforce the order and hold those responsible accountable.