The State Liabilities Act which protects state property from attachment and execution for debt recovery is still to be rendered unconstitutional as the Constitutional Court has set aside confirmation in the matter between Mutare business man Blessing Mangwiro versus the Minister of Justice, Legal and Parliamentary Affairs, Minister of Home Affairs and the Attorney General.
Mangwiro’s efforts to recover his US$1.5 million seized by police in 2008 came to not after lawyers representing the respondents Advocate Thabani Mpofu argued that the matter was not procedurally brought to the ConCourt in terms of the rules.
He noted once High Court judge Justice Edith Mushore made a substantive decision that the State Liabilities Act was unconstitutional, there was nothing to refer to the ConCourt.
Mangwiro’s legal counsel Advocate Tawanda Zhuwarara who was instructed by Dzimbabwe Chihwa argued that the error of referring the matter to the ConCourt was not due to the fault of the applicant, but it was the registrar as the rules state that once a lower court makes its decision, the registrar is mandated to refer it for confirmation within 14 days.
However, Chief Justice Luke Malaba agreed with Advocate Mpofu’s reasoning that the genesis of the problem was the order of the High Court which was not based on any foundation of law, thus nullifying all other processes which followed.
The matter was truck off the roll by the consent of both parties and Dzimbabwe Chiwa the applicant’s lawyer said they will be going back to the High Court to follow the stated route.