Online Reporter
Nyore Madzianike
Senior Court Reporter
A HARARE man who sold his family home to pay for the special medical care for a disabled child in South Africa never received the US$168 127 sale price out of the country and lost most of the value in the automatic 2019 switch from US dollars to the RTGS dollars.
Zvikomborero Murahwi, a self-employed father of two, was recently dealt a crushing blow when the High Court dismissed his claim against Pam Golding Properties, after the real estate firm facilitated the sale of his Greendale property, but allegedly failed to remit the proceeds to him as he had expected.
Murahwi’s emotional plea traced a journey that began with the birth of his child in 2005 at The Avenues Clinic in Harare, where doctors first flagged a disabling condition that severely impacted muscle and mobility function.
The condition required special treatment.
Within five months of the child’s birth, the young family relocated to South Africa in pursuit of a definitive diagnosis and the hope of expert care.
By 2018, the medical bills had overwhelmed them.
Selling their home at 10 Terry Drive, Greendale, their last tangible asset, became the only way forward.
Mr Murahwi then approached Pam Golding Properties, seeking a trusted hand to manage the sale while he remained in Johannesburg.
In court, Mr Murahwi said he made it clear from the outset that no sale could proceed unless he received confirmation that funds could be transferred to his South African bank account.
According to the court documents, Mr Murahwi was assured that the money would reach him after a buyer, Elizabeth Bore, was found and the sale was executed at US$190 000.
After deducting money for administration of the sale, a net amount of US$168 127,02 attained and was to be sent to Mr Murahwi. But with legal changes it never arrived being instead paid into a conveyancer’s trust account on August 28, 2018 and becoming entangled in Zimbabwe’s shifting monetary landscape.
By early 2019, the Government had issued Statutory Instrument 33/2019, which converted US dollar-denominated balances into the local RTGS dollar.
In court, Murahwi alleged that the Pam Golding breached their agreement but the High Court found that the estate agent had behaved properly and legally.
