The Sunday News
Richard Muponde
POLICE in Bulawayo are investigating former Deputy Sheriff Mrs Regina Gumbo over property she attached at Downing’s Bakery premises to offset over $250 000 awarded to 86 employees as salary arrears four years ago.
The police were roped in by the employees’ lawyer, Mr Walter Nyabadza of W Nyabadza Law Chambers after he had also written to the Registrar of the High Court seeking his assistance in recovering the property Mrs Gumbo attached.
What became of the property is still a mystery as it cannot be accounted for, while an inventory of the property and its valuation is unavailable in court.
The workers initially approached Advocacy and Legal Advice Centre (ALAC) legal practitioner Mr Lewis Maunze who referred the matter to Mr Nyabadza.
In a letter seen by Sunday News last week, Mr Nyabadza is imploring the Bulawayo police deputy commander Assistant Commissioner Shepard Mangoma for police to investigate the matter.
“Our clients reasonably suspect criminal conduct on the part of the former Deputy Sheriff and or her subordinates meriting a fully-fledged investigation by your good office and have instructed us, as we hereby do, to file a formal complaint to establish whether the sale on site which was scheduled for 16th day of November, 2011 did in fact take place. If the sale did take place, the amount of money realised out of the sale and to who it was paid. If the sale did not take place, an inventory and valuation of the property which was attached as per the Return of Service and the location and whereabouts of the property laid under attachment as per the Return of Service,” wrote Mr Nyabadza.
However, the publication has it on good authority that the matter was referred to Criminal Investigations Department (Serious Fraud Section) where all documents were handed over to start investigations.
A police source confirmed that the matter was handed over to the section’s bosses for investigations.
“The file was handed over and investigations are underway. However, I can’t say much because we fear we might jeopardise investigations,” he said.
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 spilt 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.
However, Downing’s Bakery did not honour 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 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.
However, what became of the money remains a mystery, prompting the workers to approach their lawyers to follow up on the matter as “Mrs Gumbo had become evasive”.
On 11 June this year, the Additional Sheriff from Judicial Service Commission, Mr Elijah Murirai Magara, who replaced Mrs Gumbo, wrote to her inquiring about the attached property and proceeds of its sale but got no joy.
Frustrated by her evasiveness, Mr Nyabadza wrote to the Registrar of the High Court two weeks ago seeking assistance in resolving the matter.
Mrs Gumbo ceased to be the Bulawayo Deputy Sheriff in January this year after the Judicial Service Commission 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 have been in a long-standing dispute with their employer, Downing’s Bakery, dating back as far 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.
