HB 069-18 SMELLY DUBE versus CHIEF SUPERINTENDENT MAJUTA (N.O) and Ors

SMELLY DUBE

versus

CHIEF SUPERINTENDENT MAJUTA (N.O)

and

OFFICER IN CHARGE ZIMBABWE REPUBLIC

POLICE GWERU CENTRAL (N.O)

and

OFFICER COMMANDING POLICE

MIDLANDS PROVINCE (N.O)

and

COMMISSIONER GENERAL OF POLICE N.O

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 13 MARCH 2018 AND 15 MARCH 2018

 

 

Urgent Chamber Application

 

 

N Sithole for the applicant

L Musika with R Taruberekera for the respondents

 

 

            MATHONSI J:          The applicant, a business woman and director of Mahlaba Housing Programme (Pvt) Ltd t/a River Valley Properties of Gweru, has brought an urgent application seeking to prevent what she regards as her imminent arrest and detention on charges of fraud as defined in section 136 of the Criminal Law [Codification and Reform] Act [Chapter 9:23].  The interim relief she seeks is in the following:

            “INTERIM RELIEF GRANTED

Pending the return date of this application, 1st, 2nd, 3rd and 4th respondents be and (are) hereby interdicted from effecting or purporting to effect an arrest on applicant for offences allegedly committed by Mahlaba Housing Programme (Pvt) Ltd, a body corporate trading as River Valley Properties.”

 

            The facts are that the applicant runs a company known as Mahlaba Housing Programme (Private) Limited which trades as River Valley Properties.  The company’s CR 14 Form containing the list of directors shows that she is one of three directors.  The other two are Richard Chiwara and Mncedisi Dube.  It is a company involved in acquiring and developing land 

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2018