admin
Ivan Zhakata-Herald Correspondent
An investigation by the Judicial Service Commission (JSC) has uncovered allegations of corruption in the Harare High Court involving a disputed US$2 million estate.
The probe has revealed that two local companies, Sales Cooperation (Private) Limited and Samalyn Investments (Private) Limited, had a default judgment unfairly handed down against them, resulting from alleged manipulation of court records by some High Court officials.
According to the JSC probe report, the officials conspired to alter court rolls, incorrectly placing the companies’ opposing papers on an “unopposed” roll, despite the ongoing dispute over the estate.
This has raised serious concerns about the integrity of the High Court and its officials.
The companies had bought the estate from a deceased person before an aggrieved party approached the court seeking to cancel the deed of transfer.
The JSC accused the law firm, Warhurst & Matizanadzo, of colluding with High Court officials to manipulate the documents.
A partner at the firm later denied the allegations, expressing outrage at the JSC’s findings.
The case has been reported to the Law Society of Zimbabwe (LSZ) and several key Judiciary offices.
In a response to a complaint filed by the companies’ representative, Darryn Williams Blumears, Ms Bianca Makwande, head of policy and legal services at the JSC, confirmed the allegations of misconduct against Warhurst & Matizanadzo.
“Your complaint relates to the conduct of legal practitioners Warhurst & Matizanadzo, who corruptly and fraudulently obtained a default judgment against Sales Cooperation (Private) Limited and Samalyn Investments (Private) Limited by misrepresenting to the Court that the matter was unopposed. This was with assistance of High Court civil division registry official(s), who besides being aware that opposing papers had been filed, proceeded to place the matter on an unopposed roll.
RELATED STORIES
“A perusal of the file indicates that a court application for reversal of cancellation of the deed of transfer was filed in the High Court by Messrs Warhurst & Matizanadzo on 27 September 2019. Your averment that the matter was improperly placed on the unopposed roll is correct because the first and fifth respondents had duly filed their opposing papers,” Ms Makwande said.
Blumears argued that the companies had submitted opposing papers to the High Court on September 27, 2019, but the officials allegedly placed them in the wrong roll, leading to an unjust outcome.
The JSC’s report supported Blumears’ claims, noting that the matter was “improperly placed on the unopposed roll.”
Documents obtained show that Blumears also lodged a complaint with the LSZ, which has since written to Warhurst & Matizanadzo requesting an explanation.
One of the High Court officials involved has left their position, while the remaining official, interrogated by the JSC, claimed ignorance of the matter.
The official, identified as Stone, denied the allegations and criticised the JSC’s investigation as “procedurally unfair,” claiming it violated her right to be heard.
In a letter to the LSZ, Stone stated that the JSC’s findings were “outrageous” and “defamatory,” based on a story told by only one of the parties to the matter.
She requested that the complaint against her be dismissed and that the JSC’s findings be disregarded.
“At the very least, Ms Makwande should have contacted me and my colleagues and afforded us the opportunity to comment on the complaint before making such serious findings against us and without us having been heard in the matter,” she said.
“We cannot be responsible for what goes on in the High Court registry, and accused of corrupting High Court officials without any single bit of evidence in support of such a serious finding. Such remarks and findings are outrageous to say the least … and are defamatory findings based on a story told by only one of the parties to the matter. I pray that the complaint against me be dismissed and that the findings of the JSC be disregarded.”
Documents from the LSZ indicate that the matter involving Warhurst & Matizanadzo will be referred to a disciplinary and ethics committee for further investigation.
Online Reporter