BY DESMOND CHINGARANDE Gokwe-Nembudziya MP Justice Mayor Wadyajena (Zanu PF) has won a case against the Borrowdale Brooke Homeowners Association (BBHOA) that was accusing him of violating rules governing the residence.
Wadyajena was sued by the association for disorderly conduct and making noise at night, disturbing the peace of other residents.
BBHOA chairperson Shingi Munyeza wrote a letter reprimanding the MP before the association deactivated his vehicle tags and relegated him to using the visitors’ entrance.
Wadyajena then sued the association saying his rights had been infringed.
After hearing the case, High Court judge Justice Never Katiyo ruled: “Whereupon after reading records filed of record and hearing counsel, it is ordered that by consent, the BBHOA shall immediately restore applicant’s access rights to the Borrowdale Brooke Estate by fully reactivating Wadyajena’s access tags. The BBHOA and its employees are hereby interdicted from deactivating Wadyajena’s access tags without following due process or the authority of a court order.”
The association had instituted disciplinary measures against the legislator.
But in a letter addressed to the BBHOA through his lawyers, Machingura Legal Practitioners, Wadyajena challenged the disciplinary measures saying they were “illegal and arbitrary”.
“My family and I continue to be inconvenienced because entering and leaving the estate as a visitor is unduly cumbersome because of the vetting and security checks,” Wadyejena submitted.
“To make matters worse, it appears that security personnel at the gate has received instructions to be extra tough with me as they try to make things difficult by asking frivolous and vexatious questions as if they never met or saw me before. Their goal is to embarrass me and this is an injustice a resident should not continue to suffer.”
