adminDaniel Nemukuyu Senior Reporter
The High Court last week gave the National Assembly member for Mbare, Cde Tendai Savanhu, seven days to return to Hwange Colliery Company a Toyota Land Cruiser that he used at the time he was the company’s board chairman in 2011. Cde Savanhu was appointed non-executive board chairman of Hwange Colliery from 2006 to 2011.
In July 2011, he was allocated the Land Cruiser for use but was removed from the board a month later.
Upon his removal, Cde Savanhu clung on to the vehicle refusing to surrender it to the company despite the fact that it was registered in the company’s name and that the company wanted it back.
He argued that the company should sell it to him because other directors in the past had been allowed to purchase the vehicles allocated to them when they left the company.
Justice Mary Dube ruled that Savanhu had no legal right to hold on to the vehicle and that his right to use the car ceased in 2011 when he left the company.
The judge said if Cde Savanhu fails to return the vehicle, the deputy sheriff was empowered to sieze it from him.
“The defendant is ordered to return Toyota Land Cruiser registration number ACF 1290 within 7 (seven) days of the service of this order on him.
“Should the defendant fail to comply with this order, the deputy sheriff be authorised to seize from the defendant a Toyota Land Cruiser registration number ACF 1290,” read the operative part of the judgment.
Justice Dube agreed with Hwange Colliery lawyer Advocate Lewis Uriri ruled that Cde Savanhu’s hold onto the vehicle was unlawful and that the fact that other directors were allowed to purchase the vehicle they used was a mere expectation but not a right.
“The fact that other directors were allowed to purchase their issues does not confer rights on him to purchase the vehicle.
“I agree with Advocate Uriri’s contention that the hope and expectation of an offer does not justify possession of the vehicle.
“The defendant’s expectation that the vehicle would be sold to him is not legitimate.
“His hold on to the vehicle is unlawful and he has no legal justification to continue holding onto the plaintiff’s vehicle,” ruled Justice Dube.
During the trial, Hwange company secretary Mr Tembelani Ncube testified as the sole witness.
He told the court that since Cde Savanhu’s removal from the board, he has been illegally possessing the company vehicle.
Mr Ncube said the motor vehicle policy available at Hwange covers executive, middle managers and employees other than directors who are entitled to vehicles in terms of their employment contracts.
The court heard that Cde Savanhu was previously issued with two Mercedes Benz vehicles and a Toyota Prado and the vehicles were returned to the pool when he was given the Toyota Land Cruiser in 2011.
Cde Savanhu, who was represented by Mhishi Legal Practice, argued that his predecessors had been allowed to purchase their vehicles after leaving the company and that the same should apply to him.
Online Reporter