Source: CIO ordered to pay employee US$132k -Newsday Zimbabwe
HIGH Court judge Justice Nyaradzo Priscilla Munangati-Manongwa has ordered the director-general of the Central Intelligence Organisation (CIO) to pay an employee US$132 152 after his monthly salary was reduced.
The President’s Department, known as the CIO, ignored a similar order by Justice Gladys Mhuri to pay Tryness Kabiti US$132 152 after it refused to file submissions on the application for declaratory order.
Kabiti cited the director- general and the Sheriff of Zimbabwe on her application for compliance.
Justice Munangati-Manongwa took a swipe at government officials who defy court orders while acting in their official capacity, adding that they were problematic.
“Compliance with courtorders by some government officials acting in their official capacity is often problematic. This is despite the constitutional provision that obligates all citizens and State entities to observe the rule of law,” she said.
Justice Munangati-Manongwa said the CIO had defied an extant order made by the court to necessitate the filing of the application for contempt of court.
The court heard that on November 27, 2023, High Court judge Justice Mhuri granted a declaratory order in favour of Kabiti nullifying the director-general’s conduct as well as granting consequential relief that she be paid US$132 152,42 in owed salaries within one month of the granting of the order.
Kabiti submitted that since the granting of the order, the director-general had made numerous but unfulfilled undertakings to her legal practitioner through the telephonic medium that he was making the necessary arrangements to settle the judgment debt together with taxed costs thereof to no avail.
Due to his non-compliance, Kabiti in January last year processed a writ of execution, instructed and paid the sheriff to attach in execution the said director-general’s assets at least by no later than March 1, 2024.
Kabiti alleged that such execution was not effected on the premise of a letter dated January 14, 2024, which was written by Chitekuteku to the sheriff advising them not to effect execution on the ground that the property of the CIO was not executable.
Kabiti had prayed that the director- general, who deliberately neglected to comply with the court order despite being aware of it, should be found in contempt of court and be sanctioned for such conduct.
But the director-general opposed the application, denying being in deliberate contempt on the basis that the order he is due to comply with is still under contestation under a pending application for condonation for late seeking of leave to appeal to the Supreme Court.
The director-general argued that since the extant order was granted as unopposed after he was barred, should his application for condonation succeed and it gets to defend the matter, the outcome might affect the extant order Kabiti seeks to execute upon.
He denied being reluctant to prosecute his case to frustrate the execution of the order. He further stated that his zeal to contest the extant order is evidenced by the effort of filing an application for condonation for late filing of leave to appeal to the Supreme Court.
He further denied Kabiti’s assertions that he showed no interest in complying with the order through a series of follow-up telephone calls between his legal practitioner and hers.
The director-general argued that Kabiti should allow the dispute to be heard on its merits and let justice prevail rather than cling to a default judgment. He also denied being privy to communication between Kabiti’s lawyer and his as regards the execution process.
However, after hearing arguments from both parties, Justice Munangati-Manongwa said the director-general was aware of the order granted by the courts.
“The court finds that the first respondent [director-general] is hiding under the guise of a pending application for condonation, which was triggered by the threat of legal action for contempt of court.
“The argument by the first respondent that he cannot satisfy the judgment debt, given that the application for condonation for late filing for leave to appeal to the Supreme Court is still pending, does not hold water.
“It stands to be stated that even if one is not in agreement with a court order, as long as it is extant and execution thereof has not been stayed, one is obliged to comply with it.”
The judge said if the director-general genuinely wanted his side of the story to be heard, he would have acted with haste since 2023.
“His springing into action upon being threatened with legal action in March 2024 is an indication that he filed his pending application for condonation in fear of being found in contempt of court.
“Suffice that the first respondent had not even sought the stay of the judgment while putting his house in order. Looking at the history of the main matter, one can see the futility of the application for condonation referred to by Chitekuteku,” the judge said.
She said the initial appeal against refusal of condonation was struck off by the Supreme Court for being defective, and the same court dismissed the application for reinstatement with costs.
The judge said the director-general was abusing court processes.
“While the court notes that the Central Intelligence Organisation is a State body established in the President’s Office for the protection of national security, hence in terms of s5(2) of the State Liabilities Act, its property is not executable, there is provision in the afore-mentioned section for compliance in terms of payment of liabilities by nominal defendants or respondents as in this case.
“Thus, while State property may not be executable, it is clear that compliance with a court order can still be achieved through payment of a judgment debt through funds from the Consolidated Revenue Fund.
“The court finds that the first respondent has not placed any acceptable defence (as to) why the order could not be complied with and hence he is in wilful defiance of the court order under case number HCH 5840/22.”
She said the director-general’s conduct was shocking given his integrity.
“Turning a blind eye to this open and wilful defiance of a court order will not only result in a miscarriage of justice but also places the integrity of the courts in disrepute,” she said.
The judge gave the CIO director-general 30 days to comply with the order and failure to comply will result in his arrest and commitment to prison until such a day and time as he shall have purged his contempt of the said order.
The director-general was ordered to pay the costs of the suit.
The post CIO ordered to pay employee US$132k appeared first on Zimbabwe Situation.