Saturday, 25 July 2015

Attempts to seize Tsvangirai’s property foiled again

THE seizure of MDC-T leader Mr Morgan Tsvangirai’s property was yesterday halted after the party made an urgent chamber application for stay of execution.

The Assistant Sheriff of the High Court had descended on Mr Tsvangirai’s Highlands house upon the expiry of 48 hours after identifying property for attachment and removal cited in the writ of execution obtained by 14 workers who were unfairly dismissed in 2010.
Attempts to seize Tsvangirai’s property foiled again
However, just as the Assistant Sheriff was about to load an assortment of household goods onto a van, some MDC-T officials arrived armed with an inter-pleader application filed at the High Court.

MDC-T spokesperson Mr Obert Gutu said it was improper for the Assistant Sheriff to attempt to seize property belonging to Mr Tsvangirai because of pending legal processes.

“There is also an inter-pleader application that was filed at the High Court clearly submitting that the 14 former employees were employed by the MDC-T and not by president Morgan Tsvangirai in his personal capacity.

“As such, there is absolutely no factual and/or legal basis upon which the Assistant Sheriff could proceed to attach and remove president Tsvangirai’s personal household property. President Tsvangirai is not a party to the legal proceedings that are presently pending at the Labour Court in Harare.”

Mr Gutu said MDC-T successfully won a stay of execution at the Labour Court on June 3, 2015, which he said stipulated that Mr Tsvangirai’s personal property should not be attached and removed in execution of debt.

He said Mr Tsvangirai and MDC-T were two separate and distinct legal personas.

“The High Court Registrar will soon be setting down for hearing the application for stay of execution against the party’s property.

“It is in respect of these legal processes that this second attempt to attach and remove property was stopped,” Mr Gutu said.

Property belonging to MDC-T leader Mr Tsvangirai was on Tuesday identified by the Assistant Sheriff for attachment after former employees obtained a writ of execution for unlawful dismissal.

According to the writ, the Assistant Sheriff was required and directed to attach and take into execution movable goods belonging to Mr Tsvangirai at his Highlands house in Harare.

Meanwhile, in our story published on Wednesday, July 22, 2015, we stated that the Messenger of Court had attached property for execution, instead of the Assistant Sheriff of the High Court.

The two are different and distinct offices.

The Messenger of Court is appointed in terms of Section 10 of the Magistrates’ Court Act, while the Assistant Sheriff is appointed in terms of section 55 of the High Court Act.

The Messenger of Court enforces processes in the Magistrates’ Court while the Sheriff and Assistant Sheriff enforce processes in the superior courts.
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