Online Reporter
Peter Matika
IN a stunning case of a public official believing himself above the law, Bulawayo’s Ward One Councillor, Josiah Mutangi has been sentenced to 30 days in prison for contempt of court, after a two-year battle over his illegal occupation of a farmhouse.
The dramatic ruling comes after Mutangi repeatedly defied court orders to vacate the property, turning what should have been a simple eviction into a protracted legal farce that exposed both his disregard for the justice system and the challenges ordinary citizens face when taking on connected officials.
The saga began in July 2022 when Mutangi — whose ward covers Bulawayo’s Central Business District — moved his family into a farmhouse at Imbesu Farm, about 25 kilometres outside the city. Court documents reveal he never paid a cent in rent, despite occupying the property for over two years. When owner, Zephaniah Matiwaza obtained a court order in November 2022, cancelling the lease and authorising eviction, Mutangi responded with astonishing defiance that would become his trademark.
What followed was a series of brazen confrontations with the justice system. After being legally evicted in February 2023, Mutangi simply marched back in with his family. When authorities removed him again, he returned once more. By the third eviction in October 2024, court papers allege the councillor was threatening violence to regain entry, all while continuing his rent-free occupation. “The first respondent treats court orders as mere suggestions,” Matiwaza fumed in his application, detailing how Mutangi would wait for eviction teams to leave before breaking back in.
The case took an even more troubling turn when Matiwaza’s lawyers alleged police reluctance to pursue criminal charges against the councillor, suggesting his political position may have afforded him special protection. This perceived immunity appears to have emboldened Mutangi, who filed counter-claims about property damage while continuing his illegal occupation — a move legal experts describe as both cynical and revealing of his attitude toward the justice system.
Magistrate Ndebele’s sentence of 30 days imprisonment, with provisions for early release if Mutangi finally complies, sends a clear message about the consequences of flouting court orders. But the case raises broader questions about accountability for public officials and whether Zimbabwe’s justice system is truly blind to status and connections. For Matiwaza, it’s been an exhausting and costly two-year battle to reclaim what was rightfully his — a battle that should never have needed to be fought.
As Mutangi begins his jail term, the affair stands as a cautionary tale about the abuse of power and the importance of an independent judiciary. The real test will be whether this ruling marks the end of Mutangi’s defiance, or just another chapter in his astonishing disregard for the rule of law. Either way, the case has exposed how difficult it can be for ordinary citizens to obtain justice when facing off against connected officials — and how vital it is that the courts remain firm in upholding the principle that no one is above the law.
