THE Bulawayo High Court is set to hear a case where a former Zimbabwe National Army (ZNA) captain Solomon Ndlovu is suing businessman Osfael Mazibuko, for causing his wrongful arrest and conviction.
Ndlovu is suing Mazibuko for damages and multiple losses he incurred while in jail after he caused his wrongful arrest on car theft charges.
He is claiming US$102 800 as payment for the loss of his houses, 78 heads of cattle and tractors.
He was convicted in January 2018 for theft of a motor vehicle by Beitbridge regional magistrate Mark Dzira who sentenced him to six years in jail with two months suspended for five years on condition of good behaviour.
Five months were suspended on condition he restituted Mazibuko with US$2 500, leaving him with an effective 65 months to serve.
Ndlovu appealed against the sentence and conviction at the High Court and was acquitted.
"The hearing on my case has been set down for May 30 before Justice Nokuthula Moyo," Ndlovu told Sunday Southern Eye.
"That will be a trial but what pains me is that Mazibuko is now saying he did not cause my arrest for theft, but claims that he lent me the car.”
- SA name strong A side for Zim tour
- Cover-up feared in slain CCC activist’s case
- Cover-up feared in slain CCC activist’s case
- Storm clouds over Byo council
Keep Reading
In July 2021, Ndlovu sued Mazibuko and his manager Dennis Ndlovu claiming damages he suffered after his arrest.
In February, both parties appeared before the court in a pre- trial meeting in which the respondents said they were not prepared to compensate Ndlovu, resulting in the matter proceeding to a hearing.
“The plaintiff also claims payment of damages for wrongful malicious prosecution and imprisonment in the sum of the equivalent of US$52 000, contumelia and loss of his family, wife, job and income including pension benefits amounting to the equivalent of US$50 000, the claim being made jointly and severally against the defendants the one paying the other to be absolved and cost of suit,” reads the summons.
In his declaration, Ndlovu said in May 2016, he entered into an agreement of sale with Mazibuko to buy a Toyota Hilux body on wheels (registration number ADG9909).
“Around April 2017, the first defendant (Mazibuko) lodged a report to members of the Central Intelligence Organisation alleging that I stole his car, a Toyota Hilux truck,” he said.
“Using the influence of CIO operatives, the first defendant went to Makhado Police Station in Beitbridge and made a false criminal report.”
Ndlovu said as a result of the false report, he was arrested, charged, convicted and jailed for theft of a motor vehicle when there was a signed agreement of sale.
In their plea, Mazibuko and his manager claimed that Ndlovu had borrowed the car for use.
“The police and the courts carried out their constitutional duty without the influence of the defendants, investigations were done and the plaintiff was tried resulting in him being convicted,” they submitted.
“The agreement of sale produced at trial was never signed by the defendants and they deny the signature contained on the same.
“No payment was ever received for the said vehicle as the same was never subject of a sale agreement between.”
