A Zimbabwean businessman has called for the resignation of the country’s chief justice, Luke Malaba, over his alleged involvement in a property dispute that implicates some of the nation’s top lawyers.
Tendai Mashamhanda, who owns a property at number 41 Ridgeway North Highlands in Harare, claims that he has been denied justice by a “highly corrupt syndicate” that includes Malaba, former finance minister Tendai Biti, and prominent advocate Thabani Mpofu.
In a letter dated February 9, 2024, addressed to various authorities and commissions, Mashamhanda accuses the judiciary and the lawyers of manufacturing lies, falsifying documents, and abusing their offices to cancel his title deeds and transfer the ownership of the property to another company, Bariadie Investments.
Mashamhanda says he bought the property in good faith and for value, and that none of the parties who later challenged his ownership were able to rebut that assertion. He alleges that the Supreme Court of Zimbabwe, led by Malaba, fabricated several falsehoods to justify the cancellation of his title deeds, such as claiming that there was a caveat registered against the property, that the property was auctioned, and that a default judgment was granted in favor of one Puwayi Chiutsi, who purported to be the owner of the property.
Mashamhanda’s letter comes after the Judicial Service Commission (JSC), which is headed by Malaba, reportedly ignored his complaints and dismissed them as defamatory and abusive. The JSC said in a letter dated February 6, 2024, that it was unable to assist Mashamhanda because of the “defamatory statements” and the “abuse of the complainant’s procedure” in his letter to the Office of the Chief Justice dated January 12, 2024.
Mashamhanda, who believes that his fate is synonymous with that of millions of other Zimbabweans who find it difficult to access justice, has vowed to fight on. He demands that Malaba and three other Supreme Court judges resign, and that five other High Court and Constitutional Court judges be subjected to tribunal hearings. He also calls for an independent investigation into the matter and the prosecution of the lawyers involved.
Mashamhanda says that the JSC, led by Malaba, has failed the nation by contravening the good governance principles of transparency, justice, accountability, and responsiveness. He says that his case exposes the rot and decay in the Zimbabwean judicial system, which he says needs urgent reforms.
The JSC, Malaba, Biti, and Mpofu have not yet responded to Mashamhanda’s letter or the allegations against them. The Zimbabwean government has also not commented on the matter, which has sparked public outrage and debate on social media.
Many Zimbabweans have expressed their support for Mashamhanda and his quest for justice, while others have questioned his motives and credibility. Some have also called for a peaceful and lawful resolution of the dispute, and urged the authorities to respect the rule of law and the rights of the citizens.
The property scandal is one of the many challenges facing Zimbabwe, which is still recovering from years of economic and political turmoil. The country is also grappling with human rights violations, corruption, poverty, and inequality. However, despite the difficulties, many Zimbabweans remain hopeful and resilient, and are working hard to rebuild their nation and secure a better future for themselves and their children.
Source: New Zimbabwe
