The Sunday News
Richard Muponde/Mbongeni Msimanga Sunday News Correspondents
A FORMER Bulawayo Deputy Sheriff who auctioned off Downing’s Bakery machinery to offset a $250 000 award to 86 workers in salary and wages arrears in 2011, is giving lawyers and court officials sleepless nights after “disappearing” with the proceeds. Downing’s Bakery, a subsidiary of Harambe Holdings owned by renowned businessman Mr David Govere is involved in a bitter wrangle with its employees over salary and wage arrears amounting to $251 545.
The matter spilled into court in 2011 when the 86 employees won an arbitral award against their employer which they later registered with the Bulawayo High Court on 11 September 2011.
In his ruling High Court judge Justice Lawrence Kamocha ordered Downing’s Bakery to pay the workers or have its property attached for auction to offset the debt.
“It is ordered that, the Arbitral Award granted on the 16th of February 2011 be and is hereby registered. Respondent (Downing’s) be and is hereby ordered to pay the Applicants the sum of US$251 545,00. Once registered, the award shall be executable by attachment of Respondent’s movable and immovable property. Respondent to pay the costs of this application on an ordinary scale,” ruled Justice Kamocha.
However, Downing’s Bakery defied the order and the workers obtained a Writ of Execution to attach the company’s property and sell it.
The Writ of Execution was then handed over to the then Deputy Sheriff, Mrs Regina Gumbo, to be effected.
According to court papers, Mrs Gumbo armed with the Writ of Execution attached Downing’s Bakery property and sold it on site on 16 November 2011.
However, what became of the money remains a mystery, prompting the workers to approach their lawyer, Walter Nyabadza of W Nyabadza Law Chambers to follow up on the matter as Mrs Gumbo became evasive.
Court officials who declined to be named revealed that Mrs Gumbo was facing a number of similar cases in the city which prompted her to be evasive after reportedly building a vast empire in the period extending over a decade that she worked as Deputy Sheriff.
On 11 June this year, the Additional Sheriff from the Judicial Service Commission (JSC), identified as Mr E Magara, who replaced Mrs Gumbo, wrote to her inquiring about the attached property and proceeds of its sale with no joy.
The workers’ lawyer, Mr Nyabadza, also made efforts to engage Mrs Gumbo with little success as it was reported that she was now evasive.
Frustrated by her evasiveness, Mr Nyabadza wrote to the Registrar of the High Court on Tuesday seeking assistance to resolve the matter.
“We refer to the above matter and your letter dated the 8th of June, 2015 and addressed to the Additional Sheriff of the High Court, Bulawayo. Reference is also made to the letter by the Additional Sheriff dated the 11th day of June 2015 and addressed to the former Deputy Sheriff, Mrs R Gumbo. We represent 86 Downing’s Bakery employees in the matter above, kindly note our interest,” wrote Mr Nyabadza.
“To summarise, an order was granted by the Honourable Mr Justice Kamocha on the 16th of September, 2011 in favour of our clients for the payment of an amount in the sum of US$251 545 being arrears salaries and/or wages. A warrant of execution against movable property was issued out of this Honourable Court on the 7th of October, 2011 for the recovery of the judgment by the Sheriff of Zimbabwe or his lawful Deputy.”
He said on 4 November the same year, Mrs Gumbo returned documents which indicated that the Writ of Execution was effected on 25 October of the same year.
“Being unable to obtain the monies required to satisfy the Writ, he (a T Mangena who effected the Writ of Execution) then laid under attachment movable property, of which the sale on site was arranged for 16th day of November, 2011. Efforts to obtain the inventory and valuation of the attached property from your office have yielded no results as there are no such documents filed of record.
“In addition there is no record of any payment of the judgment’s creditors’ claim and costs by the Deputy Sheriff (Mrs Gumbo). Accordingly it is our submission that the Writ of Execution issued out of this court on the 7th day of October 2011 has remained of force until such time as judgment has been satisfied. We shall be looking up to your good office for assistance as we instruct the Sheriff as we hereby do to proceed with execution of the above–mentioned judgment in terms of the law,” submitted the lawyer.
Sunday News visited Mrs Gumbo’s house to seek her comment since all her mobile phones were unreachable but was advised by her husband, who only identified himself as Mr Gumbo, that she was in Zvishavane where she was helping victims of an accident.
It could not be immediately verified what had transpired in the said road mishap.
However, Mr Gumbo said his wife did not sell the Downing’s Machinery but just attached it and left it at the company premises.
“We went through a lot because of the issue but what I can tell you is that the property was just attached and not sold. She was told not to involve herself with matters of the court and she will not tell you anything about that issue,” said Mr Gumbo.
He said he had documents pertaining to the matter which showed that the property was not sold but on being challenged to produce them, he became evasive.
Mr Gumbo could not even explain what became of the inventory of the attached property which was missing in the court records as contained in correspondences to his wife by court officials and lawyers.
However, Sunday News has it on good authority that the Downing’s property was sold on site after being attached by Mr Mangena, an assistant Deputy Sheriff, on 25 October 2011. Mr Mangena was working with Mrs Gumbo at her Deputy Sheriff offices along 2nd Avenue and Josiah Tongongara Street.
Mrs Gumbo ceased to be the Bulawayo Deputy Sheriff in January this year, after the Judicial Services Commission (JSC) abolished the use of external Deputy Sheriffs in the province after it set up substantive Sheriff’s offices in the city.
In his founding affidavit representing other workers, Mr Michael Gova said they had a long-standing dispute with their employer, Downing’s Bakery, dating as far back as 2009, mainly pertaining to the non-payment of salaries and wages among other issues such as failure to provide protective clothing, pension deductions and overtime pay.
