Kasukuwere, State tussle for private home’s title deeds

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By Mary Taruvinga

EXILED former cabinet minister, Saviour Kasukuwere has made a step forward in a bid to recover title deeds to his Mutare home which was forfeited by the state after he failed to return home for his corruption trial.

The state has been holding on to his title deeds despite a court ruling ordering immediate release of the title documents.

Last week, he scored against Prosecutor General (PG) Kumbirai Hodzi who was challenging the release of the title deeds after High Court Judge, Benjamin Chikowero struck his application off the roll and slapped him with costs.

Early this week, Kasukuwere, through his lawyer, Harrison Nkomo of Mhishi, Nkomo Legal practitioners, filed another application seeking an order compelling the release of the title deeds.

The notice of service read, “I Tendai Chitsora, a clerk in the employ of Messrs Mhishi Nkomo Legal Practice, the applicant’s legal practitioners of record hereby certify that on the 6th day of November 2019 and at 12.07hrs I served court application to compel the release of title deeds on L Dzwene,a receptionist and responsible person at Harare Magistrates Court Rotten Road.”

Nkomo confirmed the position.

Kasukuwere’s Mutare holiday home was held as surety during bail after he failed to attend trial.

The ex-minister was facing several criminal charges and was yet to stand trial when High Court Judge, Tawanda Chitapi dismissed all charges he was facing saying there was no incriminating evidence against him.

Following this, the High Court gave another ruling releasing with immediate effect title deeds to Kasukuwere’s property called Lot 4 of Subdivision D Manchester in the District of Umtali, Zimbabwe registered under 8010/2003 which was held as surety when he was granted bail.

The ruling came at a time Hodzi had applied for leave to appeal against Chitapi’s in the Supreme Court under case number SC550/19.

The application is pending at the Supreme Court.

Hodzi then filed an urgent application saying he feared Kasukuwere was going to dispose of his property leaving him with no any other recourse in case he (PG) wins the Supreme Court challenge.

Kasukuwere was one of the former cabinet ministers who were arrested following the coup that toppled the former late President Robert Mugabe.

He however left the country for South Africa before his trial commenced on the pretext he was going to seek medical attention for a heart related illness.

He never came back, prompting Harare magistrate, Hosea Mujaya who was presiding over his case to order forfeiture of Kasukuwere’s holiday home.

Through his lawyers back home, Kasukuwere appealed against the ruling and also filed an urgent chamber application seeking to bar state functionaries from dealing with his property pending determination on his appeal.

The case was eventually set down for hearing before Chitapi ruled in his favour.