HARARE – Former Water Resources minister Munacho Mutezo, a one-time stalwart in the late President Robert Mugabe’s government, is facing the potential loss of farm machinery and cattle valued at US$750,000. The assets are threatened due to a debt owed to a former business partner.
Mutezo, who was also ousted from Zanu PF for allegedly siding with former vice president Joice Mujuru’s presidential ambitions, has been embroiled in a legal battle since November of last year. He has been desperately trying to prevent the auctioning of equipment from his Fernicary Farm in Manicaland, which operates under the name Rutendo Farm.
His latest attempt to halt the auction was dashed in the High Court last week. Justice Samuel Deme dismissed the former minister’s interpleader application, which sought to prove that the attached property was owned by the government, not Mutezo’s farm.
The legal saga began when Des Moines Farm, Mutezo’s former partner, sued him. Des Moines Farm sought US$750,000 (or its equivalent in Zimbabwean currency at the interbank rate) for improvements they had made to Fernicary Farm. The claim also included 5% annual interest from the date the summons was issued until full payment, along with legal costs on an attorney-client scale.
Following a trial presided over by High Court Justice Bongani Ndhlovu, Fernicary Farm was ordered to pay US$455,000 as compensation for the improvements, in addition to covering the legal costs.
Subsequently, the sheriff moved to attach movable property at Fernicary Farm, located in Odzi, Makoni District.
The list of property slated for auction includes:
- 1x John Deere tractor 4×4 (Green)
- 1x John Deere combine harvester with wheat and maize heads
- 1x power transformer (500kVA)
- 78x mainline PVC pipes (250mm)
- 1x 110 HP Electric motor
- 1x 90HP pump
- 1x Kipor industrial generator (24kVA)
- 1x Atlas Copco air compressor
- 1x PTO welding machine
- 1x welding machine
- 7x heifers
- 6x cows
- 1x bull
- 4x calves (3 female, 1 male)
In his affidavit, Mutezo argued that six of the attached items did not belong to Fernicary Farm. Instead, he claimed they were government property issued under the 2007-2008 farm mechanisation programme, which was overseen by then Agriculture minister Joseph Made.
The items in question, according to Mutezo, are: the John Deere combine harvester, the 500kVA power transformer, the 78x mainline PVC pipes, the 24kVA Kipor industrial generator, the 90HP pump, and the 110 HP electric motor.
He maintained that these assets were distributed to assist local farmers and remain the property of the state, thus making them immune from attachment in private debt disputes. Mutezo urged the court to acknowledge this fact, stating that he had managed the equipment since 2007 and had even facilitated its use by neighbouring farmers.
Des Moines Farm, however, vehemently rejected Mutezo’s claims, asserting that the attached property belonged to Fernicary Farm and not the government. They dismissed his assertions as “a grave misrepresentation.”
Court papers filed by Des Moines Farm further stated: “Claimant was expelled from the ruling Zanu PF party on allegation of misconduct and was consequently expelled from the Parliament of Zimbabwe sometime In 2016 thereby relinquishing him to lay any claim or title to property belonging to the government of Zimbabwe.”
The papers continued, “Claimant is no longer a government official…he is a founding member of an opposition Party called Zimbabwe People First (ZimPF), which has no association whatsoever with the government of Zimbabwe…”
Des Moines Farm also criticised Mutezo for failing to provide any evidence of government ownership or for not including the state as a party to the suit. They described his attempt to involve the government in his private debts as “unacceptable and regrettable.”
“Claimant’s efforts to involve the government of Zimbabwe in this dispute does not help him in any way,” the court papers read. “No evidence has been placed showing ownership by the government and no reasonable conclusion can be made in that regard.”
The papers further stated, “For good measure, claimant has failed to join the government of Zimbabwe to this claim and lawsuit. l aver that his efforts to meddle the government of Zimbabwe in his own debts and personal affairs is unacceptable, regrettable and deserves censure.”
Mutezo, representing Fernicary Farm, was cited alongside Des Moines Farm, the judgment creditor in the case. Advocate Taona Sibanda, instructed by lawyer Brian Majamanda, represented Des Moines, while Mangwana and Partners acted for Mutezo.
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