A former bodyguard to the late Vice-President Joshua Nkomo says Zimbabwe People's Revolutionary Army (ZPRA) veterans have no case against him over some contested property in Bulawayo.
This after ZPRA’s Nitram Holdings Company launched a legal challenge against Nkomo's ex-bodyguard, Frederick Charles Moses Mutanda, in a bid to reclaim properties linked to the Zapu's former military wing.
The legal challenge was, however, struck off the roll by Bulawayo High Court judge Justice Bongani Ndlovu on October 31.
Mutanda yesterday told Southern Eye that the legal challenge against him was always bound to fail.
“I didn't file any legal challenge, they did,” he said in an interview.
“It’s now up to them after the case was struck off the role. Otherwise, they have no case.”
The case centres on the ownership of the Geddes Building, located at No 69 George Silundika Avenue in Bulawayo.
In its February 11 summons, Nitram Holdings sought a court order compelling Geddes Limited and Mutanda to transfer the property’s title to them within 10 days.
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Nitram, represented by Ndlovu Mehluli and Partners, argued that if the defendants refused, the sheriff of Zimbabwe should be authorised to sign the transfer documents.
The company also demanded that Mutanda and Geddes be barred from selling or encumbering the property and sought punitive costs for what it called an “unjustified refusal” to transfer ownership.
In his opposition, Mutanda launched a counter-attack, arguing that the case was fundamentally flawed.
He pointed out a critical discrepancy in the plaintiff's name: the summons was issued in the name of “Nitram Holdings Private Limited”, while the applicant is referred to as “Nitram Private Limited”.
Mutanda’s defence hinged on a legal technicality from the post-independence era.
He cited Proclamation 9 of 1982, which declared “Nitranm Private Limited” an unlawful organisation.
He argued that under the legal maxim ex turpi causa non oritur actio (a right of action cannot arise from a base cause), an unlawful entity cannot seek relief from the court.
He labelled the entire application an “abuse of process” and called for its dismissal with punitive costs.
In a letter to President Emmerson Mnangagwa dated May 30, he raised alarm about “unlawful invasions” of properties in which he holds a controlling share.
He alleged that the individuals behind these invasions claimed to have been “commandeered” by Vice-President Kembo Mohadi.
Mutanda’s letter to the president also detailed a separate, unresolved issue concerning the controlling shareholding of CAPS Holdings Limited.
He referenced a Supreme Court ruling from February 8, 2024, and expressed frustration that despite reaching out to various government ministries and financial institutions, the state has not engaged him directly.
“This continual impasse is negatively impacting one thousand one hundred and eight members/shareholders," Mutanda wrote, noting that the problem has persisted since 2011.
Geddes Limited is a wholly-owned subsidiary of CAPS Holdings, linking the two disputes.
Mutanda requested an audience with Mnangagwa to resolve these matters, stating that the lack of progress is "profoundly troubling" and undermines the country's "Zimbabwe is open for business" theme and Vision 2030 goals.
His May 30 letter was copied to Mohadi and the chief secretary to the President and Cabinet, Martin Rushwaya.
Geddes is one of the buildings that were seized by the government from Nitram at the start of the Gukurahundi massacres, which left over 20 000 people dead in Matabeleland and the Midlands.
Mnangagwa’s government is accused of dragging its feet in resolving the issue of seized ZPRA/Zapu properties.
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