A HIGH Court civil registry official dramatically quit his job after the Judicial Service Commission (JSC) mounted disciplinary action proceedings, accusing him of transgressions in the handling of a US$2 million deceased estate case.
Details of the resignation emerged as the JSC last week gave the police a greenlight to grill Traver Mupita — who has resigned — along with an official identified as Taga, who is still with the High Court.
Two local companies — Sayles Corporation (Private) Limited and Samalyn Investments (Private) Limited — lost the case through a default judgement after the officials allegedly connived to manipulate rolls, according to a JSC report seen by the Zimbabwe Independent.
The companies had bought the 6,8 hectare Harare estate, which belonged to June Searson who died in 2007.
Searson’s estate was administered by the Master of High Court.
The case spilled into the courts after an aggrieved party sought the cancellation of the deed of transfer.
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In the case, described by the JSC as 'corrupt and fraudulent' the High Court officials allegedly 'deliberately’ mixed up papers, placing the two companies’ opposing papers in an ‘unopposed’ roll.
The Independent this week obtained a letter addressed to the JSC by the Zimbabwe Republic Police requesting for permission to grill the two officials.
“Information suggests that a case involving deed of transfer 3125/74…was fraudulently set on the unopposed roll by removing notices of opposition by lawyers of the suspect in connivance with employees of the JSC, Mr Mupita and Mr Taga who are based in the office of registrar of High Court civil division Harare,” the police said.
In its response, the JSC said Mupita has resigned, but said it was ready to release Taga for grilling.
“We write to advise that Mr Traver Tendai Mupita is no longer employed at the Judicial Service, ” part of the letter said.
“He resigned on March 4, 2021 following initiation of disciplinary proceedings against him,” the letter said.
In January, the JSC said in a letter to representatives of the affected firms that the case had been mishandled.
“Your complaint relates to the conduct of legal practitioners Warhurst & Matizanadzo who corruptly and fraudulently obtained a default judgement against Sayles Cooperation (Private) Limited and Samalyn Investments (Private) Limited by misrepresenting to the Court that the matter was unopposed,” Bianca Makwande, head of policy and legal services at JSC, said in a response to Darryn Williams Blumears on January 22, 2024.
Blumears had approached the JSC, representing the two companies. He had argued that on September 27, 2019, he submitted opposing papers to the High Court for reversal of cancelation of the deed of transfer, but his papers were placed in a wrong roll by the High Court officials.
Makwande added: “This was with assistance of High Court civil division registry official(s), whom besides being aware that opposing papers had been filed, proceeded to place the matter on an unopposed roll.
A perusal of the file indicates that a court application for reversal of cancelation of the deed of transfer was filed in the High Court by Messrs Matizanadzo & Hurst on 27 September 2019.
“Your averment that the matter was improperly placed on the unopposed roll is correct because the first and fifth respondents had duly filed their opposing papers,” she added.
Records showed that after the Law Society of Zimbabwe (LSZ) was approached and wrote to Matizanadzo & Warhurst, Kerry Stone, a part ner in the firm, fired back, saying the ‘procedurally unfair’ JSC investigation that described their conduct as ‘corrupt’ had violated her right to be heard.
“At the very least, Ms Makwande should have contacted myself and my colleagues and afforded us the opportunity to comment on the complaint before making such serious findings against us and without us having been heard in the matter,” Stone wrote to LSZ on March 7, 2024.
“We cannot be responsible for what goes on in the High Court registry, and accused of corrupting High Court officials without any single bit of evidence in support of such a serious finding. Such remarks and findings are outrageous to say the least. I stress that the JSC favoured a respondent (Blumears) who is himself dishonourable and fraudulent… and are defamatory findings based on a story told by only one of the parties to the matter. I pray that the complaint against me be dismissed and that the findings of the JSC be disregarded,” she said.