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Former AAG deputy president petitions JSC over court judgment

FORMER Affirmative Action Group (AAG) deputy president Samuel Ncube has petitioned the Judicial Service Commission (JSC) to seek redress after losing a court case challenging the attachment of his house over a bank loan.

Ncube in a letter to the JSC dated July 16 argued that Justice Benjamin Chikowero compromised his chances of winning a case against the POSB challenging the attachment of his house claiming the judge insinuated that he was mentally deranged.

"He has cast aspersions on the fate of this matter and is thus in contempt of any decision that might come out in favour of our member (Ncube). The honourable judge's comments are very unfortunate coming at a time when such comments are highly likely to influence the outcome of HJC 5890/18 in a manner unfavourable to Ncube," Ncube's Access to Justice Trust lawyers wrote.

Ncube's Bulawayo house was attached over a US$20 000 loan taken from POSB by his colleagues Kampinga Nyathi and the late Sehliso Hlongwane, who wanted to fund their company, Ellingbarn Trading.

Ncube had, in 2010, offered the house as surety before his colleagues breached the repayment plan, leading to attachment and sale of the house.

Ncube approached the Magistrates', High Court, Administrative and Constitutional Court seeking a review of the attachment and sale of the house, but lost all the cases.

In one judgment, Justice Nokuthula Moyo accused Moyo of "stubbornness bordering on vexatiousness" after accusing him of abusing court processes as he "does not want to move on with his life". However, that did not stop Moyo from approaching the courts, but Justice Chikowero in a March 2019 judgment ruled the same ordering a decree of perpetual silence against the former AAG boss.

"Ncube, either personally or through or on behalf or any other person, is hereby interdicted and restrained from instituting or prosecuting in this court or any forum, any action, application, suit or proceedings of whatever nature in connection with the courts' judgment under HC3829/11 without leave of this court first being applied for and obtained and I which application he shall demonstrate sufficient mental capacity to do so," Justice Chikowero ruled.

But Ncube said the ruling compromised his case, adding it also painted a bad picture of the country's justice delivery system.

"As a result, Ncube has lost confidence in the JSC, neither does he see any impartiality in the whole legal system. It is because of these and related reasons that our member...to seek redress as these matters have a negative bearing on the justice delivery system and the high esteem with which the judicial system should be viewed," his lawyers added.

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Chuka (Webby) Aniemeka
Chuka (Webby) Aniemeka

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