The High Court has granted a US$1.6 million garnishee order against the Minister of Home Affairs and instructed the Minister of Finance and Economic Development and Permanent Secretary and Paymaster General of the Ministry of Finance and Economic Development to pay Mutare businessman Tendai Blessing Mangwiro the money from the Ministry of Home Affairs remaining vote under the 2017 budget, in a landmark ruling handed down by High Court judge Justice Clement Phiri.
The High Court further ordered that if the order is not complied with, the Ministry of Home Affairs 2018 budget allocation will be garnished to pay off Mangwiro and the sheriff’s costs.
The money was unlawfully seized by police from the businessman 10 years ago.
The Finance and Economic Development Minister and Permanent Secretary were additionally ordered to garnish the Ministry of Home Affairs vote remaining under the 2017 Budget Appropriation Act together with all monies which are state funds but are currently retained by the Home Affairs Ministry.
The order expressly instructs the Minister and Permanent Secretary of Finance and Economic Development to forthwith transfer the monies into the bank of the Sheriff of the Republic of Zimbabwe, to settle High Court orders HC 4766/13 of the 18th of February 2015 and HC 4766/13 of 17 August 2016.
The High Court additionally ordered that should the respondents fail to abide by the order of the court and the sheriff’s costs, the Minister of Home Affairs 2018 budget allocation vote will be garnished to satisfy the previously defied court orders.
The Minister of Home Affairs was further restrained from receiving any money remaining from the vote allocation under the 2017 Appropriation Act and 2018 vote together with the current and future retentions of all state funds until they comply with the latest court order.
The court also instructed the Home Affairs Ministry to comply with the Ministry of Finance and Economic Development and the Sheriff of the High Court in the execution of the court order failure of which they will be held in contempt.