A legal storm is brewing in Kariba, where a local law firm, Phiri and Partners, is locked in a dispute with the police in Makuti. At the heart of the matter is the alleged defiance of a High Court order instructing the release of impounded vehicles belonging to their clients.
The High Court order, issued by Justice Phildah Muzofa in Chinhoyi on October 21st, pertains to a case between Oscar Zimbeva and Johanne Ruzvidzo against Gwabada Makuti ZRP officer-in-charge Ropa Vada, the Mashonaland West Propol, the Home Affairs and Cultural Heritage ministry, and the State.
Justice Muzofa, after reviewing the filed documents and hearing counsel, ruled in favour of Zimbeva and Ruzvidzo, granting their application for a declaratur and a mandatory interdict.
The judge declared the notices of seizure for a Nissan X-Trail, registration number AGI3608, and a Toyota Regius, registration number AFT8581, as “null and void.” The order explicitly stated that the relevant respondents – including the officer-in-charge and other involved parties – “shall release the vehicle, including a Nissan X-Trail registration number AGI 3608 and a Toyota Regius, within three days of this order.”
Furthermore, Justice Muzofa stipulated that should the respondents fail to comply, the government was authorised to enforce the order by removing the vehicles from their possession and handing them over to the lawyers representing Zimbeva and Ruzvidzo.
Despite this clear directive from the High Court, Clara Phiri of Phiri and Partners has expressed her firm’s frustration and disappointment at the police’s apparent contempt of court.
“We obtained a High Court judgment at Chinhoyi High Court for the release of our client’s vehicles that are being held at Makuti Police Station,” Phiri explained to NewsDay. “Our client went to collect the vehicles armed with the court judgment, but the vehicles were not released.”
The law firm then took further action to ensure compliance with the court’s ruling. “We then instructed the deputy sheriff as per court order and he proceeded there armed with a writ and the court judgment still, the vehicles were not released,” Phiri stated.
This is not the first instance of alleged non-compliance in this case. Phiri revealed that “an order from the Magistrates’ Court for the same case was not complied with.” This repeated disregard for court orders has led the law firm to believe that the situation “goes beyond contempt and it goes to the disregard of the rule of law.”
Police Urge Road Users to Ditch Distractions Amid Rising Accident Concerns
In related news, authorities are raising concerns about the growing number of road accidents attributed to driver and pedestrian distraction. Officer Commanding Harare Province, Commissioner Maxwell Chikunguru, has issued a strong appeal to drivers and pedestrians alike to refrain from using headphones and mobile phones while on the road.
Commissioner Chikunguru made the call during the World Day of Remembrance for Road Traffic Victims, which was commemorated at Manyame Bridge along Seke Road in Chitungwiza – a location notorious for its high accident rate.
Addressing mourners and stakeholders, Commissioner Chikunguru highlighted the devastating impact of road traffic collisions and the importance of remembering those who have lost their lives in preventable incidents. He also commended Chief Seke for organising the gathering, which brought together the police, community leaders, and affected families in a united effort to honour the victims.
“We honour the men, women and children whose lives were cut short, and we remember survivors living with pain, trauma and long-term injuries,” Commissioner Chikunguru said, offering his condolences to bereaved families on behalf of the Zimbabwe Republic Police. “While no words can erase your loss, today affirms that your loved ones are not forgotten.”
The Commissioner stressed that road safety should be treated as a matter of preserving human life. He pointed to speeding, reckless overtaking, drunk driving, and the use of unroadworthy vehicles as major contributing factors to the tragedies witnessed along Seke Road. In response, he announced that the police would be intensifying enforcement efforts, increasing their visibility, and continuing to conduct awareness campaigns along the dangerous stretch of road.
“Enforcement alone is not enough,” Commissioner Chikunguru acknowledged. “We appeal to all road users to adopt life-saving habits. Maintain safe speeds, overtake only when the road is clear, never drink and drive, and do not use mobile phones behind the wheel.”
He also urged pedestrians to exercise caution by using designated crossing points and remaining vigilant while on the road. Passengers were encouraged to speak out against reckless driving, and community leaders and transport operators were called upon to collaborate with authorities to transform the accident-prone area into a symbol of responsibility and hope.
Commissioner Chikunguru also issued a warning to kombi drivers, stating that an ongoing police operation is targeting unroadworthy vehicles and those picking up passengers at undesignated points.
Chief Seke, born Stanley Chimanikire, echoed the concerns about road safety and criticised some traffic police officers for allegedly allowing unroadworthy vehicles to pass through checkpoints. He noted that the community continues to grieve each time they pass the site where 17 people tragically lost their lives, and suggested that bereaved families might consider erecting a memorial statue at the location.
Madzibaba Simbarashe Nengomasha added his voice to the call for safer roads, stating that the church is praying for an end to accidents caused by drug-impaired drivers. He highlighted the devastating impact of substance abuse among drivers, both on the roads and within families, and mentioned that churches are providing counselling to affected individuals and families.
The event drew a diverse crowd, including traditional leaders, ward councillors, and schoolchildren, demonstrating a strong community-wide commitment to improving road safety and preventing future tragedies.
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