By Patrick Chitongo
Masvingo Provincial Magistrate, Enias Magate, has been caught in between a bruising fight involving his junior, Magistrate Grace Tupiri of Masvingo, and Lawyer, Farai Chauke of F Chauke law firm.
Chauke suspects that Magistrate Tupiri could have been bribed by a Respondent in the matter, hence doing what is unheard of in the deliverance of justice.
Tupiri briefly replaced Magistrate Gundani, who was arrested for sodomy. He is believed to have skipped the border after failing to turn up for a court hearing in Masvingo two months ago.
Magate was the refferal point because of his seniority position, but Chauke allege that the senior Magistrate ignored or refused to solve the gnashing issue that had since strained the relations among the three law people.
Chauke alleges that in 2021, case no GL237/20, he taxed his client and got a Writ to claim Zwl$444 000 from Nyangambe Wildlife Project, his former Client.
Chauke enganged the services of the Messenger of Court to attach a Kombi after Nyangambe Wildlife project failed to pay the money.
Nyangambe Wildlife Project, however, made an Ex-parte application for stay of execution, where both the Messenger of Court and Chauke were asked to show cause as to why the Kombi was not supposed to be released back to the owner.
It is alleged that the order did not state that the Kombi be released, but out of the blue, the Magistrate summoned the Messenger of Court and verbally ordered him to release it.
Chauke then wrote to Magate, complaining and urging him to investigate the matter. Magate is alleged to have swept the matter under the carpet, but Chauke kept pushing him.
The two ended up trading harsh words and accusations.
Feeling the heat, Magate threatened to report Chauke to the Law Society of Zimbabwe.
In his submissions to Magate, Chauke said that Magistrate Tupiri erred by giving a verbal order for the release of the Kombi. He also said the two went on a rough path during the deliberations over the matter, to the extent that the Lawyer said “I am too disappointed in you”.
This statement did not go down well with the Magistrate, who took it as a direct insult on his persona.
Magate refused to talk to this publication, saying he is not allowed to do so at law.
Magistrate Tupiri said the same.
However, Lowveld Checkpoint is in possession of emails between Magate and Chauke over the issue.
There are several members of the public who are complaining about the manner in which their cases are being handled at Chiredzi court.
