Chronicle Editor
Peter Matika
COUNCILLOR for Ward One in Bulawayo, Josiah Mutangi, has been sentenced to 30 days in prison for repeatedly defying court orders to vacate a farmhouse at Imbesu Farm, located 25 kilometres outside the city within the Umguza Rural District Council.
The councillor had been illegally occupying the property since July 2022 without paying rent, despite multiple eviction attempts and legal rulings against him.
According to court documents, the property owner, Mr Zephaniah Matiwaza, obtained a court order on November 8, 2022, which cancelled the lease agreement, demanded unpaid rentals, and authorised the eviction of Cllr Mutangi, along with the recovery of legal costs.
Despite this ruling, Cllr Mutangi allegedly ignored the order and returned to the farmhouse on three separate occasions after being evicted.
The property in question, situated at Imbesu Farm, about 25 kilometres outside Bulawayo within the Umguza Rural District Council, has been at the centre of a prolonged legal dispute. Cllr Mutangi, whose ward covers Bulawayo’s Central Business District, has been residing at the farmhouse with his family without paying rent since July 2022.
Mr Matiwaza, represented by Samp Mlaudzi and Partners, has fought a lengthy legal battle to remove Cllr Mutangi from his property. In response, Cllr Mutangi filed a counter-complaint, alleging damage to his property during the eviction process executed by the Messenger of Court.
In his application for civil contempt of court, Mr Matiwaza sought a 90-day committal to prison for Cllr Mutangi, arguing that he had wilfully defied multiple eviction notices.
“To pursue my claim and execute the order, I duly instructed the second respondent (Messenger of Court) to serve the order and carry out the execution and proceed with the eviction and recovery of monies due to me. The first respondent (Mutangi) was directly and indirectly served through his wife with the notice of eviction on 20 February 2023, and the eviction was carried out on 23 February 2023,” stated Mr Matiwaza in court papers.
“Without any valid legal basis, excuse or court order, the first respondent and his wife and children unlawfully went back into the farmhouse and denied me access to my premises in direct violation and contempt of the court order.”
Despite this, Cllr Mutangi allegedly forced his way back onto the property without any legal justification. Mr Matiwaza further alleged that the councillor repeated this act on two additional occasions after being legally evicted.
“For the third time, I sought to enforce my rights and the court order granted by this court, and I instructed the second respondent to evict the first respondent, which was carried out on 4 October 2024,” said Mr Matiwaza.
“For the third time, the first respondent, together with his wife and children, threatened violence and regained entry into the house and as the time of filing this application they are staying there illegally without paying of rent and in defiance of the court order and contempt of this Honourable court.”
Mr Matiwaza expressed frustration at law enforcement authorities, claiming that efforts to seek criminal contempt charges against Cllr Mutangi had been obstructed by local police.
“I have consulted my legal practitioners who initially proposed that we pursue criminal contempt, but that has not been helpful as Queens Park Police Station has consistently failed, refused, or neglected to seriously deal with the issue maybe because of the First Respondent’s profile as a public official and Ward One councillor,” he said.
Frustrated by the lack of action, Mr Matiwaza opted to file for civil contempt of court, seeking the councillor’s imprisonment until he complied with the court order.
Online Reporter