The Mutare businessman who is at the centre of the wrangle which saw Home Affairs Minister Ignatius Chombo being sentenced to 90 days in prison for contempt of court, has now applied to the High Court to seize government property. The businessman, Tendai Blessing Mangwiro, is now challenging the constitutionality of the State Liabilities Act.
Through his lawyer, Advocate Zhuwarara, Mangwiro argues:
I am left with no other legal recourse except to approach this court to have Section 5 of the State Liabilities Act … declared unconstitutional as this is the only reason that is precluding me from having my court order satisfied.
Although Section 5 (2) allows respondent (Chombo) to cause payment to be made out of the Consolidated Revenue Fund, however, the same Section as it stands does not positively oblige the State to comply with orders as it should.
There is no mechanism which is precise and effective as regards to the satisfaction of court orders
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