THE Beitbridge Deputy Sheriff Nkululeko Mbedzi has been accused of failing to execute a writ attaching houses belonging to Home Affairs minister Kembo Mohadi and his business partner.
NDUDUZO TSHUMA STAFF REPORTER
Bulawayo High Court judge Justice Martin Makonese on April 9 this year ordered the attachment of houses belonging to Mohadi, his wife Tambudzani and a business partner if court officials fail to find suitable movable goods to recover about $200 000 from them.
The money was unlawfully diverted by Mohadi’s family and their business partner John Josias Moyo from a Beitbridge company under liquidation.
“The writ was issued in June, but the Deputy Sheriff has not acted on it. He initially demanded $10 000, but the Sheriff in Harare said the charge should be reduced to $200,” a source close to the case said.
“He is using the money to delay the process, but we suspect that he is afraid to attach Mohadi’s houses.”
However, Mbedzi denied the allegations that he was delaying in executing the writ accusing the plaintiff of failing to pay his commission.
“We are not afraid to execute the writ. We had advised the lawyer of our charge and he said he would talk to his client. After calculations, our commission was $10 000 which is 5% of the money being claimed and they are yet to pay,” Mbedzi said.
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“If they pay us the commission, then we will go ahead and attach the property. The writ of immovable property is different from that of movable. If I attach the houses now where will I get my money? They will not pay.
“I do not know about their contacting the Sheriff and coming up with that amount. If what they are saying is true then why did the Sheriff not call me? The problem with cases involving high profile people is that they want things to be done for free,” Mbedzi said.
The writ of execution against movable and immovable property was granted by the High Court on June 5 directing the Deputy Sheriff to attach property belonging to Mohadi and his wife and Moyo to recover $199 944, 85 to the provisional liquidator of Nerry Investments (Pvt) Ltd, Barbara Lunga.
The company was at the centre of an ownership wrangle between Mohadi and Moyo on one hand and Beitbridge businessman Reginald McGillivray Dawson on the other.
The three are accused of diverting the money into Tambudzani’s bank account from Nerry Investments (Pvt) Ltd.
Dawson successfully applied for the liquidation of Nerry Investments (Pvt) Ltd last year with Lunga as liquidator.
However, with the company under liquidation, Mohadi and Moyo diverted the company funds to his wife, Tambudzani’s CBZ account between January 1 and July 13 last year.
That prompted Lunga to approach the High Court seeking an order for the three to refund the amount.
Houses listed in Justice Makonese’s judgment are Stand 108 Beitbridge Township in the name of Kembo Campbell Dugish Mohadi and Stand number 3377 Nkulumane Township, Bulawayo, owned by Moyo.
Chief Justice Godfrey Chidyausiku is the witness in the issuing of the writ of execution.
This follows another judgment last year by Judge Justice Lawrence Kamocha accusing the minister and his associates of turning the company’s account into a “piggy bank”.
In August last year, Justice Kamocha divested Mohadi and Moyo of the directorship of Nerry Investments, a company he was accused of grabbing and ordered its liquidation.
