Online Reporter
Kimberley Chitambara
MORE than 450 Ordinary Level students were thrown into panic and confusion last week after Goshen Learning Centre in Bulawayo was kicked out of its premises.
The institution claims the dramatic early morning eviction was triggered by fraudulent court papers.
Located at 31 Lobengula Street, Corner 1st Avenue, was evicted on 12 November, leaving candidates stranded outside the locked premises on a crucial exam day.
Goshen Learning Centre is accusing a Bulawayo law firm of forgery and misconduct, alleging that the Certificate of Service used to obtain a court order for eviction was fake.
According to reports filed with the police and the Law Society of Zimbabwe, Labour Relations Manager Maron Munyavi claims that Dube Legal Practice filed court papers stating the school had been served with a rei vindication application on 17 October at 2:30PM.
The Certificate of Service is said to be signed by a clerk, Gavin Moya-Matshanga, and certified by legal practitioner Richard Mandere, who confirmed the service as proper. Munyavi insists this never happened.
“The documents were fraudulently created to mislead the court,” he said. “The court didn’t even verify service. They simply granted a default judgment.”
He went further, alleging corruption behind the scenes.
“I don’t know whether they bribed the magistrate. In fact, there is no one who can work without a bribe. The magistrate was bribed. How come they claimed there was no evidence, yet evidence was there?” he said.
Munyavi argued that no court should issue a default judgment without confirming proof of service through the Messenger of Court.
He said the suspicious handling of the matter paved the way for the issuing of a warrant of ejectment, which was used to remove the school from its premises.
To make matters worse, he alleges the Messenger of Court pitched up at 6AM, long before business hours, to begin the eviction while he was kept busy at court until 11AM.
“I was granted a stay of execution, but when I rushed to the Messenger of Court, I was told the children had already been locked out and scattered everywhere,” he said. “By the time I came back with the documents, it was already overtaken by events.”
The school has since approached the Ministry of Primary and Secondary Education seeking guidance on how the displaced candidates will complete their examinations.
For now, the future of the 450 pupils hangs in limbo.
