Midlands Provincial Affairs minister Jason Machaya saved his property from going under the hammer over the weekend after approaching the High Court to stop the National Social Security Authority (NSSA) from selling his equipment to recover a $9 000 debt.
BY BLESSED MHLANGA
Machaya, through his lawyers Garikai and Company, challenged the jurisdiction of the Gweru Magistrate’s Court saying it hadover-stretched its powers by hearing the matter and issuing the order to attach his property.
“The claim for which the debt arises far exceeds the jurisdiction of this Honourable court. The claim on the face of the summons is suppressed as $9 094,62 yet plaintiff’s claim includes interest of 15% prime bank lending rate,” said one Martin Gwamombe in an affidavit on behalf of Machaya.
Gwamombe, in his affidavit, argued that NSSA had intentionally understated its claim to evade jurisdiction limits of the court.
“Interest calculated by first respondent (Green Diamond Farm) on the writ is $3 627” he wrote.
“One wonders why it was not added to the claim starting right from the summons.
“It can only be suspected that the purpose was to evade exceeding the jurisdiction of this court viz a monetary limits. That cannot be accepted.”
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The magistrates court jurisdiction is $10 000 and any claims exceeding this limit should be dealt with by the High Court.
Machaya says the total claim by NSSA is $13980,64 and, therefore, the matter should not have been heard at the lower courts.
He challenged how NSSA attached tractors whose value he placed at more than $40 000 to cover a debt, which was much lower.
“The tractors in question far exceed the figures claimed. One tractor is more than $13980,64,” he argued.
“Attaching and intending to sell three modern tractors valued at more than $40 000 for that claim is absurd and malicious.”
NSSA attached and removed from Machaya’s Sherwood farm a Mega Dominator class 204 Harvester, 40 pigs, a UD lorry, four tractors and a four wheeler trailer over a $9 094,62 debt in worker statutory contributions which the minister neglected or failed to pay.
