The Chirumanzu Rural District Council is embroiled in a cattle wrangle with a local farmer after the local authority allegedly instructed the messenger of court to seize the farmer’s herd over non-payment of land tax.
BY SILAS NKALA
The cattle owner, Majama Dhlodhlo, and her son, Nothiwani, from Mbiwa Farm in Chirumanzu, have since written to chief magistrate Mishrod Guvamombe raising concerns over their interpleader application which has not been actioned by the court against the council.
Through her lawyers Chambati Mataka and Makonese Legal Practitioners, Dhlodhlo is seeking to bar the messenger of court from proceeding with the auctioning of the six head of cattle from her son’s farm in Chirumanzu.
In her affidavit, Dhlodhlo said she had transported her cattle from her rural home in Mberengwa in 2015 to her son’s farm and her beasts bear veterinary stock cards showing they belong to her.
“I also did that for safekeeping as I stay alone in Mberengwa with no one to assist me look after the cattle,” she said.
The woman said on the very day when her cattle were seized, one Mthokozisi Dhlodhlo informed the messenger of court that the beasts did not belong to Nothiwani.
In a letter addressed to the messenger of court dated January 26 2018 and copied to Guvamombe, Dhlodhlo’s lawyers said the interpleader summons were taking too long to be actioned and he now feared the cattle would be put up for sale.
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“In fact, the whole process was done hastily and clandestinely without adherence to procedure and the law.
The purpose of this letter is to inquire why you have held or sat on our client’s papers for such a long time.
Why have the parties not been called to appear in court?” the lawyers said.
Through a letter dated January 29, Guvamombe admitted the complaint by Dhlodhlo had merit.
“We have directed provincial head, Midlands to urgently compel the messenger of court to do his work as provided for in the rules of court.
We will investigate the messenger of court with a view to take appropriate action,” Guvamombe said.
Meanwhile, Nothiwani has also filed a police report against the messenger of court under CR number 02/18.
He said the cattle were seized by the messenger of court through an alleged court order from the Mvuma magistrate after the Chirumanzu council claimed it was owed $1 060, 40. But, as he carried out further investigations, he discovered that the cattle had been stolen instead.
“Through my investigation I discovered that it is illegal for the RDC [rural district council] to collect any money from A2 farmers,” he said.
