ZRP in crosshairs over impounded vehicles
A STORM is brewing between a Kariba-based legal firm and the police in Makuti after the latter allegedly defied a High Court order to release impounded vehicles.
This follows a High Court order by Chinhoyi judge Justice Phildah Muzofa in a matter between Oscar Zimbeva and Johanne Ruzvidzo against Gwabada Makuti ZRP officer-in-charge Ropa Vada and the Mashonaland West Propol.
The order cited the Home Affairs and Cultural Heritage ministry as the third respondent, while the State was the fourth respondent.
The matter was heard on October 21, where, after reading documents filed of record and hearing counsel, Justice Muzofa ordered that the application for a declaratur and a mandatory interdict be granted.
The 2nd and 3rd notices of seizure issued by the 2nd respondent to the 1st and 2nd applicants be and are hereby declared null and void.
The notices of seizure of the vehicles a Nissan X-Trail registration number AGI3608 and Toyota
Regius registration number AFT8581 by the 1st, 2nd, 3rd, 4th, 5th and 7th respondents referred to in paragraph (2) be and are hereby declared null and void.
“The 1st, 5th and 7th respondents shall release the vehicle, including a Nissan X-Trail registration number AGI 3608 and a Toyota Regius, within three days of this order.”
If the 1st, 2nd, 3rd, 4th, 5th and 7th respondents fail to comply with the order, the judge ruled, the government is authorised to effect the order by removing the vehicles from the possession of the other respondents and handing them over to lawyers.
However, Clara Phiri of Phiri and Partners law firm told NewsDay that they are unhappy over the police’s contempt of court.
“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,” she said.
“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.”
NewsDay
