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Court clears ZAPU official of contempt of court charges

ZAPU National Secretary for Security and Internal Affairs, Andrew Ndlovu, who faced contempt of court charges after he was arrested in April this year over a property dispute has finally been acquitted. 

Charges levelled against Ndlovu stem from his time as a director for Sankorp Holdings between 1998 and 2000 when he was accused of swindling funds from the company and the Magamba eChimurenga Housing Scheme.

Alexander Manyawi of Sankorp Holdings Company was the complainant, and he was a member of the Magamba eChimurenga Housing Scheme, a Sankorp subsidiary project for war veterans.

Ndlovu was named project manager by the late Dr Chenjerai Hunzvi, national leader of the Zimbabwe War Veterans Associations spearheading investment projects of former freedom fighters.

Members of the Magamba eChimurenga housing scheme volunteered to join, and cash cheques were made through Sankorp Holdings Company before they were made directly to the housing scheme.

Ndlovu, along with the late Dr Hunzvi and the late Anna Paradza, were arrested in 1999 for allegedly swindling funds from both the Sankorp Holding Company main project and the Magamba eChimurenga Housing Scheme.

Ndlovu was convicted on both counts and sentenced to prison; his conviction resulted in an interdict application granted by the High Court, which disqualified him as a Director or Principal Officer of Sankorp Holdings effective July 13, 2003, and not interfere with the companyโ€™s operations. 

According to the complainants, between 2012 and 2013, Ndlovu went to Harareโ€™s Amsterdam Park and began allocating residential stands for his personal use while claiming to be doing so on behalf of Magamba eChimurenga, despite court orders prohibiting him from interfering with the activities of that company, which had operations at Amsterdam Park of allocating stands to members. 

โ€œTo cover up for his direct interference, Ndlovu in 2013 entered into a transaction with the surviving trustees of MB Ziko Holdings Company purporting the acquisition of the same portion of land at Amsterdam park, by himself as the purchaser using Deed of Trust number MA361/1998  cited as MoU of Sale of Immovable Property between Magamba and MB Ziko Holdings, the document which he now  uses to control and allege ownership of the mentioned portion of land at Amsterdam Park  which belongs to Magamba since 1998,โ€ read the charge sheet.

The matter was reported at Southlea Park Police Station and Ndlovu was arrested on April 5, 2023 at his residence in Nkulumane by police from Harare.

At the time of his arrest, Ndlovu said the act was motivated by tribalism and Zanu PFโ€™s hatred for politicians who come from Matabeleland.

On April 6, 2023, Ndlovu appeared at the Mbare Magistrate Court in the presence of the Chief Public Prosecutor, Investigation Officer and the complainants – Manyawi, Willie Mazarura and others where they held an oral hearing meeting.

Ndlovu told CITE that the complainants accused him of interfering with operations of their company Sankorp Holdings, a company which ceased to exist as he last worked there as a Managing Director in 2002.

Ndlovu said the complainants claimed they were also representing Magamba eChimurenga Housing Scheme, which he noted was his Trust.

โ€œThe interdict order that they produced against me HC 7902/03 was for Sankorp Holding Pvt Ltd and not my trust, which was โ€˜Magamba eChimurenga Housing Trust,โ€™โ€ he said.

The court assigned police to carry out further investigations on the docket CR 206/22 before referral to court for trial.

Read:https://cite.org.zw/zapu-official-claims-arrest-was-tribally-motivated-and-influenced-by-zanu-pf/

Ndlovu said he also raised a complaint to the Home Affairs Minister,  Kazembe Kazembe, about the conduct of Southly Park Police Station officers.

โ€œA few weeks later, I learnt the complainants had decided to drop fraud charges against me without any good reason mentioned to me and that they were proceeding with Contempt of Court charges against myself,โ€ he said.

โ€œOn 25 September 2023, I appeared before Mbare Magistrate Court for trial commencement together with the complainants and a senior police officer Ezekiel Munyengerwa. My trial commenced on 25 to 28 September 2023 and the State closed its case. On 29 September 2023, Ndlovu said he applied for discharge through his lawyer from Chambati, Mataka and Makonese Attorneys at Law.

โ€œOn 3 October 2023, my ruling was handed down by the Honourable Court in Court 1, which found me not guilty of an offence of Contempt of Court and I was acquitted.โ€

Lulu Brenda Harris

Lulu Brenda Harris is a seasoned senior news reporter at CITE. Harris writes on politics, migration, health, education, environment, conservation and sustainable development. Her work has helped keep the public informed, promoting accountability and transparency in Zimbabwe.

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