Chihuri defies High Court order

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POLICE Commissioner-General Augustine Chihuri has defied a High Court order compelling him to pay a former detective Bazil Nyapokoto $64 000 in damages for victimisation after testifying against other detectives in an inquest amid reports that the record has gone missing at the higher court.

RICHARD MUPONDE
SENIOR COURT REPORTER

Bulawayo High Court judge Justice Martin Makonese in January ordered the police to pay Nyapokoto after he dismissed with costs an application by Chihuri to rescind an earlier order by the same court to pay the damages.

Nyapokoto’s lawyer Tanaka Muganyi yesterday confirmed the latest development.

“They have not complied with the order despite their lawyer being present when the order was issued by Justice Makonese. He should have advised them to pay the damages,” Muganyi said.

“As I speak, we are still to have access to the written order as we have been advised that the record is missing at the High Court, but that does not stop them from paying the damages as per the court’s order.”

Chihuri had filed an urgent chamber application seeking to shield one of his lieutenants, Superintendent Pilate Moyo, for contempt of court, but the application was dismissed with costs.

Moyo had defied an order by judge Justice Maphios Cheda in 2011 by blocking the Deputy Sheriff from attaching his property to pay Nyapokoto the damages and an order for his incarceration was subsequently issued by the same judge. Moyo had been sued by Nyapokoto for work-related victimisation.

However, on March 6 2013, Chihuri filed for a stay of execution of Justice Cheda’s order to incarcerate Moyo but Justice Makonese upheld Justice Cheda’s order resulting in Chihuri conceding that the force would pay $64 000 in damages to Nyapokoto.

The police agreed to pay the amount within two months, but Chihuri made an about-turn and instead filed an application for rescission of the judgment.

Moyo will face incarceration if the damages are not paid.