Spar Rusape, workers in court

Lovemore Kadzura
Efforts by former Spar Rusape workers to recover $54 000 arrears in unpaid salaries has hit a temporary snag after the Messenger of court was ordered to stop auctioning property attached at Spar Rusape until actual ownership is verified. Star Africa Corporation, which owned Spar Rusape building, filed an urgent application claiming that the property attached belongs to them not Stavas Enterprises, which was running the Spar franchise.

Stavas Enterprises is owned by prominent banker and businessman Mr Farai Rwodzi, whose main known asset Interfin Bank is under curatorship.

The former Spar workers won their labour case at the labour court and had enlisted the services of the Messenger of Court to recover their money and the latter attached property which includes bakery and butchery equipment, fridges, stoves, shelves, vehicles among others.

Spar Rusape which has been struggling and was seriously understocked despite being on a strategic Mutare-Harare highway shut its doors two months ago leaving several workers stranded.

Star Africa which is represented by prominent Rusape lawyer Mr Maxwell Chiwanza is arguing that the Messenger of court attached its property which it was leasing to Stavas enterprises.

“Stavas Pvt Ltd is a tenant and has been renting the building and the equipment inside the building. The equipment comprises bakery, catering and butchery equipment, shelving and tiles.

“The messenger of court attached the equipment which belongs to Star Africa rather than Stavas who is the debtor and employer of the judgment debtors.

“The property belongs to Star Africa not Stavas and cannot be sold to meet the debts of the respondent who was the applicant’s tenant. The applicant only learnt of the attachment and intended sale of the goods on 18 July 2014 around 4 pm when on perusal of The Manica Post newspaper.

“The applicant shall suffer irreparable damage herein if the goods are sold since it will be difficult to recover the goods from anywhere else and even if it were to recover sales money it will not be enough to replace the goods sold.

Stavas which is represented by Mr Leornad Chigadza was still to make its submissions by the time of going to print. The matter was postponed to 21 August for a full hearing by magistrate Mrs Petronella.