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The Deputy Sheriff today attempted, yet again, to remove President Morgan Tsvangirai’s personal property at his Highlands home and the party property at Harvest House despite the existence of an urgent chamber application for stay of execution that is still pending at the High Court. There is also an interpleader application that was filed at the High Court clearly submitting that the 14 former employees were employed by the MDC-T and not by President Morgan Tsvangirai in his personal capacity. As such, there is absolutely no factual and/or legal basis upon which the Deputy Sheriff could proceed to attach and remove President Tsvangirai’s personal household property. President Morgan Tsvangirai is not a party to the legal proceedings that are presently pending at the Labour Court in Harare.
Officials from the Deputy Sheriff’s office, again with the State media and armed riot police in tow, forced their way into President Tsvangirai’s Highlands home and started taking office furniture and other private property.
At Harvest House, they almost took away all motor vehicles that were parked outside Harvest House as part of the settlement of money that is allegedly owed to former party workers. The attachment and removal of the party’s assets was however stopped because of the pending legal processes.
On 3 June 2015, the MDC-T successfully won a stay of execution at the Labour Court. Earlier on this week, President Tsvangirai filed an inter-pleader application that clearly established that his personal property should not be attached and removed in execution of a debt allegedly owed by the MDC-T.Indeed, at law, President Morgan Tsvangirai and the MDC-T are two separate and distinct legal persona. The High Court Registrar will soon be setting down for hearing the application for stay of execution against the party’s property. In the interim, the order for stay of execution that was granted by the Labour Court on June 3, 2015 remains valid and fully operational. The application for review that was filed at the Labour Court is also yet to be set down for hearing.
It is in respect of these legal processes that this second attempt to attach and remove property was stopped.
The MDC-T believes in the rule of law and respects the judiciary as an important, independent arm of the State. We also laud the Deputy Sherriff’s decision not to proceed with the attachment and removal of property that had become unnecessary in light of the pending legal processes.
Yet again, the MDC-T strongly condemns the nefarious and malicious attempt to needlessly dramatize the labour dispute, particularly the involvement of armed riot police and the attempt to attach the President’s private property when papers before the court clearly spelt out that he was not party to the dispute between the MDC-T as an employer and its former employees.- by Obert Chaurura Gutu MDC T National Spokesperson