The ManicaPost
Lovemore Kadzura Rusape Correspondent
CONTROVERSIAL Chief Makoni, Colgen Simbayi Gwasira was recently arrested and dragged to court to answer charges of obstructing the Messenger of Court from executing his legal duties.
Gwasira (51) who has been hogging the limelight for wrong reasons since his enthronement in 2013 appeared at the Nyanga Magistrates’ Court charged with contravening Section 72 (a) of the Magistrate Act, Chapter 7.1 which criminalises any obstruction of the Messenger of Court while executing his duties.
Mr Gwasira who is represented by a Mr Muvhami of Mugiya and Partners pleaded not guilty when he appeared before Nyanga provincial magistrate, Mr Ignatio Mhene.
The matter was transferred to Nyanga after Rusape court officials recused themselves.
Prosecuting, Mr Kelvin Mufute told the court that Gwasira threatened to assault Rusape Messenger of Court, Mr Evans Majoni with a knobkerrie. Mr Majoni had accompanied his deputy, Mr Taruvinga Tafirenyika and three ZRP officers to attach Gwasira’s property as per order granted by the court.
“On October 7, 2015 at Mutare Magistrates Court, an Order Number 1571/15 was granted by the court to the effect that the complainant who is a Messenger of Court proceeds to Gwasira’s workplace to execute the order,’’ he said.
“Mr Majoni teamed up with his workmate, Mr Taruvinga Tafirenyika and three police officers, Constables Mutiunovava, Keche and Chipamuriwo and proceeded to Chief Makoni’s court in Rusape with the intention to execute the Court Order Number 1517 /15.
Upon arrival, Gwasira was told by Mr Majoni that he wanted to attach a Hino Truck Registration Number ACI 9191 as equivalent to the four cows worth $1 600 as per the court order he was in possession.
The chief refused and barred the Messenger of Court from executing the order.
“Gwasira instead, verbally threatened to assault the two Messengers of Court officials with a knobkerrie which he did not produce in the presence of the three police officers.
“Gwasira’s actions prevented the Messenger of Court from executing a lawful order granted by Mutare Magistrates’ Court,” said Mr Mufute.
Mr Mhene adjourned the matter to October 17 for continuation of trial.
