The High Court sheriff assisted by armed riot police is currently evicting prominent local businessman Tendai Mashamhanda from his US$1.5 million upmarket Highlands home despite a pending Supreme Court appeal.
Mashamhanda, son of the well-known business mogul Alex Mashamhanda of Mashwede Holdings, bought the property for US$230 000 from lawyer Pihwai Chiutsi and developed its value through renovations to more than US$1.5 million.
Mashamhanda has written several letters demanding the resignation of Deputy Chief Justice Elizabeth Gwaunza and Supreme Court judges Antonia Guvava and Bhunu, raising corruption allegations and claiming violations of the Judicial Service (Code of Ethics) Regulations, 2012 over the case.
The High Court ruled in November 2023 that the sale was irregular and ordered Mashamhanda to vacate the premises.
Mashamhanda has however provided evidence that the house did not have a caveat as claimed by Balliade Investments, a company that claims to have bought it before him.
Early this year Mashamhanda stopped eviction from the mansion in Harare after his lawyer Professor Lovemore Madhuku filed an urgent application at the High Court challenging the same circumstances under which the sherrif evicted him today.
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Mashamanda said it was illegal for one to be evicted within 72 hours as it translated to being an infringement of the fundamental right to freedom from arbitrary eviction protected by section 74 of the constitution of Zimbabwe.
“By virtue of section 74 of the Constitution of Zimbabwe, the 2rnd respond (Sherif of High Court) cannot issue a “Notice of Removal” arbitrarily in respect of homes. He/She is required by the Constitution to:
“Ascertain whether it is an eviction from a home… If so, engage the occupiers with a view to giving them an opportunity to indicagte what they consider to be a reasonable notice period in light of any hardships they may experience,” reads the application.
Mashamanda also said he lived at his home with wife and minor children which made the arbitrary eviction illegal.
He also cited that he had already appealed against the judgement that sought to have him removed from his home.
“It is therefore extremely urgent that this matter be heard and determined before eviction of the applicant,” reads the court application.
Bariade Investment Pvt Ltd is cited as first responded and the Sherrif as second.
In the latest development, lawyers Gill, Godlonton and Gerrans wrote a letter on 19 June to the High Court Sheriff Services asking for assistance to evict Mashamhanda. The sheriff replied on 21 June, saying they will carry out the eviction on 25 June – today, and accompanied by riot police, stormed the property to effect the evictions.