MDC leader Morgan Tsvangirai’s house is to be attached by the High Court anytime soon if the goods taken by the Deputy Sheriff are deemed insufficient to cover the debt at stake.
The Deputy Sheriff will proceed within 48 hours (with effect from Tuesday morning) to take all property cited in a writ of execution to offset an award given to 13 former MDC-T workers unfairly dismissed by the opposition party in 2010, a lawyer representing the workers said yesterday.
In an interview, Mr Obert Mawadze of Manase and Manase Legal Practitioners, said contrary to MDC-T’s assertions that the party had obtained a stay of execution from the Labour Court, that position had since been overtaken by events.
“The assertion by the MDC-T that they obtained a stay of execution from the Labour Court is laughable because that move was overtaken by events. First, it must be noted that the registration of the arbitral award was done by the High Court, which is a superior court to the Labour Court. The High Court has its own jurisdiction and rules which govern its own processes,” said Mr Mawadze.
He said it was futile for the MDC-T to base their defence on a stay of execution that the party obtained from the Labour Court way after the award had been given by the High Court.
Mr Mawadze said the party needed to make a fresh application at the High Court. He said it was a criminal offence for party officials to remove any property cited in the writ of execution from premises where it was attached.
Property belonging to MDC-T leader Mr Morgan Tsvangirai was on Tuesday identified by the Messenger of Court for attachment after former employees obtained a writ of execution for unlawful dismissal.
The Messenger of Court descended on Mr Tsvangirai’s house in the company of anti-riot police and identified several vehicles for attachment and execution.
According to the writ of execution, the Deputy Sheriff was required and directed to attach and take into execution movable goods belonging to Mr Tsvangirai at his Highlands house in Kew Drive.
The writ directed that: “If after due inquiry and diligent search you find that the movable goods belonging to the said respondent (Mr Tsvangirai) are insufficient to satisfy the amount due under this writ that you attach, take into possession a certain piece of land situated in the district of Salisbury called Stand 2 Strathaven Township of Strathaven measuring 4 689 square metres held under deed of transfer No. 992/7/200 dated 2 November 2000 and also attach and take into possession certain piece of land situated in the district of Goromonzi measuring 150 square metres called stand 16099 Seki Township held under Deed of transfer No. 10704/2002.”
MDC-T is experiencing serious financial difficulties after it was deserted by its funders in the wake the party’s dismal performance in the July 31, 2013 harmonised elections won by ZANU-PF.
At one stage party officials appealed to members and supporters to donate a dollar each via Ecocash but the funds were reportedly abused. The rival factions have also bickered over party properties. Herald