The office of the Kwekwe messenger of court has been accused of illegally attaching people’s property around the Midlands province.
Two victims have lodged complaints with the Judicial Services Commission (JSC) and the chief magistrate in Harare as well as resident and provincial magistrates in Kwekwe.
In an affidavit dated October 23, one of the victims Piscilla Bushe from Gweru said she lost her property after a default judgment was passed against her under unclear circumstances.
Bushe is based in the United Kingdom and is a defendant in a case between her and one Jim Rukumba under case No KKGL 198/23.
“I aver that I did not willfully default on the proceedings after service of summons because I was attending to my husband, who was critically ill at that material time,” she said.
“As a result, the applicant obtained a default Judgment against me, which formed the basis for execution against my movable properties.
“I aver that the estimated value of the property that was initially attached in execution of US$2 740.00 far exceeds the total of the judgment debt and the costs of execution of US$1 368.00.”
She argued that the execution was improperly done by the messenger of court through his secretary, who conducted the auction.
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“I aver that the execution process is being done biased with the intention to show favour to the plaintiff and disfavour to me because apart from the attached property, the messenger of court still intends to attach other goods for recovery of US$750 as part of the capital debt,” Bushe said.
Another victim Florence Ngoreta of Plot 33, Chicago, in Kwekwe also said she lost her plasma television, microwave and reputation.
“My property was taken in full view of the entire community, which gave a wrong and tarnishing impression of someone who does not honour her legal obligations,” Ngireta said.
Ngireta said on June 1, 2023, three employees of the messenger of court accompanied by two police officers wrongfully and illegally took her property.
“This was done under the pretext of enforcing a court order between Ednah Change and Caroline Mnkandla under case no KKGL139/23,” Ngoreta submitted.
“I then went to the messenger of court offices where they demanded US$150 to file the interpleader summons.
“One of the officials told me that I was wasting my time by taking the interpleader route since there were no chances of winning.
“Instead the officers told me to pay the full judgment debt of US$737 so that they could return my property.”
Anti-Corruption Trust of Southern Africa (ACTSA) regional director Obert Chinhamo, said they had since written to the JSC to probe the allegations.
“In the public interest, ACT-SA pleads as stated in its initial letter to the Secretary of the JSC dated 21 September that JSC should launch a probe into these allegations to determine their veracity and if proved true, takes corrective action,” Chinhamo wrote.
The victims and Chinhamo said they were yet to get a response following the letters to the JSC and the magistrates.
