OFFICIALS in the High Court’s civil registry allegedly manipulated court systems to influence the outcome of a case involving a 6,8-hectare estate worth US$2 million, according to a damning report by the Judicial Service Commission (JSC).
The JSC's investigation revealed that two local companies — Sales Cooperation (Private) Limited and Samalyn Investments (Private) Limited — lost their case through a default judgment after the officials allegedly conspired to alter court rolls.
The JSC report, seen by the Zimbabwe Independent, implicated High Court officials in the scandal, with one official already interrogated, while the other has since left their position.
Corruption in Zimbabwe is estimated to cost the nation about US$1,8 billion annually, affecting even its most strategic institutions, including the judiciary.
Described by the JSC as “corrupt and fraudulent”, the case allegedly involved the deliberate mishandling of legal documents.
The officials allegedly mixed up the companies' opposing papers, placing them on an “unopposed” roll amid a dispute over the estate.
The two firms had purchased the estate belonging to a deceased person before an aggrieved party approached the High Court, seeking to cancel the deed of transfer.
The JSC accused the law firm Warhurst & Matizanadzo of allegedly colluding with High Court officials to manipulate the documents, with a partner at the firm later expressing outrage at the allegations.
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Kerry Stone, a partner at Warhurst & Matizanadzo, said the findings were defamatory and unfounded.
The case has been reported to the Law Society of Zimbabwe (LSZ) and several key judiciary offices, according to the documents.
“Your complaint relates to the conduct of legal practitioners Warhurst & Matizanadzo, who corruptly and fraudulently obtained a default judgment against Sales 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, representing the two companies, had argued that on September 27, 2019, he had submitted opposing papers to the High Court, challenging the cancellation of the deed of transfer.
However, the High Court officials allegedly placed his papers in the wrong roll, leading to an unjust outcome.
The JSC's report supported Blumears' claims, noting, “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 Warhurst & Matizanadzo 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”.
Further documents obtained by the Independent show that Blumears lodged a complaint with the LSZ. The law society wrote to Warhurst & Matizanadzo requesting an explanation.
One of the High Court officials involved has left their position, while the remaining official, interrogated by the JSC, claimed ignorance of the matter.
Stone denied the allegations, criticising the JSC's investigation as “procedurally unfair” and claiming it violated her right to be heard.
In a letter to the LSZ dated March 7, 2024, Stone stated, “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”.
“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 … 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 further stated.
Documents from the LSZ indicate that the matter involving Warhurst & Matizanadzo will be referred to a disciplinary and ethics committee for further investigation.
