Kazembe, Matanga ordered to pay ex-cop over US$50k, fined ZW$100 k for contempt

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By Staff Reporter

HOME Affairs Minister Kazembe Kazembe and Police Commissioner General Godwin Matanga have been ordered to pay US$53 596 benefits to an ex-cop who left the service in 2010 after he was wrongly convicted.

The former police officer, Anatos Mpofu sued the two after they refused to comply with a 2010 court order directing them to pay him.

High Court judge, Justice Priscilla Munangati Manongwa said the respondents were in default before she fined them ZW$100 000.

“Whilst the applicant had sought the imprisonment of respondents, he cited their offices as opposed to individuals.

“An order for committal is incompetent against an office. Only an individual can be committed to prison. In that regard I find it proper to impose a fine. As the applicant is a self-actor it can be understood that he missed this fact.

“In the result, it is ordered that the first, second and third respondents be and are hereby declared to be in contempt of court for failure to comply with the court order in HH 08/11.

“The first, second and third respondents are each sentenced to a fine of $100 000,”ruled the judge also slapping the trio with costs.

In court papers the Salaries Service Bureau was also cited as the third respondent.

The judge also said respondents should pay US$53 596.46 into Mpofu’s account together with interest at the prescribed rate calculated from 29 September 2010 to date of final payment within 14 days of service of her order.

“The first, second and third respondents shall make payment of US$53 596.46 into the applicant’s account at CBZ Norton Branch account number 66961085260019 together with interest at the prescribed rate calculated from 29 September 2010 to date of final payment within 14 days of service of this order,” she ruled.

In his application, Mpofu wanted the three imprisoned for 90 days.

He asked the court to suspend the jail term on condition that the respondents complied with the order within 14 days.

According to court papers, in 2011 the High Court ordered the three to pay the applicant damages in lieu of reinstatement in the sum of US$58 131 being arrears salaries, bonuses, accommodation, leave days and medical services.

The director of the salary service bureau was ordered to pay Mpofu  a lump sum pension of US$6101.57 and a monthly pension of US$97.00 until his death.

Mpofu was a police officer before he was summarily  dismissed from the force following conviction in a criminal matter.

He then  successfully appealed against the conviction and later sought reinstatement to the force.

Mpofu then instituted proceedings before he won the case in 2011.

Matanga had argued that there was a subsequent compromise and or settlement between the parties where it was agreed that the applicant be reinstated and be considered as retiring at the age of 50 years in 2010.

The police boss said  Mpofu was then paid all his dues.

However the judge ruled that Matanga had failed to substantiate his arguments.