HARARE – The Magistrates’ Court is well equipped to enforce its own rulings, a High Court judge said on Tuesday as she refused to hear former finance minister Ignatius Chombo’s application for an order directing the release of his passport.
Chombo, facing several corruption trials arising from his time as Local Government Minister, says he is battling a life-threatening ailment and urgently needs to undergo specialist treatment in South Africa.
The former minister had his passport, held as part of his bail conditions, released to him by trial magistrate Barbra Mateko on May 10.
He cancelled his trip at the Robert Mugabe International Airport, however, after state security agents ordered him to surrender the passport which was later returned to the clerk of court.
A prosecutor, Tapiwa Kasema, was arrested and charged with criminal abuse of office for acceding to Chombo’s application to have the passport released.
Chombo subsequently filed an application at the Harare Magistrates’ Court requesting that the clerk of court, who was now in possession of the passport, be directed to give it back to him. Magistrate Lazini Ncube dismissed his application saying he had no powers to do so, compelling the former minister to apply to the High Court.
But Justice Priscilla Munangati Manongwa dismissed the ex-minister’s urgent chamber application on Tuesday, saying he should have explored other avenues available at the Magistrates’ Court to have his passport back without involving the High Court.
“The Magistrates’ Court can still stamp its authority by ensuring compliance of its orders,” the judge said. “It is not for the High Court to enforce the orders granted by the Magistrates’ Court. Courts must ensure compliance with their own orders and not expect the High Court to play big brother where there is neither a review nor an appeal.”
