The Sunday News
A GWERU magistrate is facing disciplinary action over alleged incompetence after she allegedly presided over a case which was not within her jurisdiction.
The case pitted an Gweru-based businessman and a Harare-based businessman who were fighting over ownership of a vehicle. It is alleged that Ms Florence Nago presided over a civil case in which Gweru-based businessman Faizal Ahmed Hassim was suing George Mushaya for allegedly breaching an agreement of sale after selling an ERF truck for $10 000. Documents seen by the Sunday News indicate that the agreement of sale was done in Harare where the matter was first reported.
According to the agreement of sale seen by Sunday News, Mr Hassim sold the truck at $10 000 to Mushaya on condition that he pays a deposit of about $3 000 and to pay the balance within a period of two months through installments of $3 500 every month.
“Change of ownership will be done when the purchaser paid the last payment in full,” reads part of the agreement of sale.
Mushaya allegedly went on to default before masquerading as a member of the President’s Office and was reported at Avondale Police Station (case number CR 2212/14) and at Hatfield (CR 6412/14) for theft, fraud, impersonation and misrepresentation and the truck was also impounded by police in Harare. Mr Hassim allegedly filed an application for cancellation of agreement and ex-parte application for interdict at Harare magistrate’s court.
The matter was, however, presided over in Gweru by Ms Nago who granted an order for interim relief to allow Mr Hassim to recover his truck. It is illegal for a magistrate to preside over a case which is out of his or her vicinity.
The matter should have been referred to Harare where the application for cancellation of agreement and ex-parte was made. Mushaya made a complaint to the Chief Magistrate Mr Mishrod Guvamombe who ordered the Gweru Provincial Magistrate’s Court to investigate the matter.
“I am making a complaint whereby a matter to be held in Harare Magistrate’s Civil Court was held in Midlands Gweru Magistrates Civil Courts. All documents related to this case were done in Harare but stamped in Gweru. Summons for cancellation of agreement and ex-parte application for interdict were issued from the Harare magistrate’s Court,” reads part of Mushaya’s complaint to Mr Guvamombe.
Mushaya alleged that there were kickbacks working in the judiciary that led to the matter being heard in Gweru.
Last month another magistrate from Gweru, Ms Getrude Mayenyoso was dismissed over incompetence after she gave a cattle rustler community service.
