Trymore Tagwirei

Masvingo Magistrate Tariro Mudzingo has dismissed an application for contempt of court filed by Masvingo City Council’s Chief Internal Auditor, Docas Makusha, ruling that the municipality did not wilfully disobey a court order issued in her favour.

Makusha had taken her employer to court, arguing that council violated an interdict prohibiting it from convening a Board of Inquiry against her until pending grievance procedures were concluded. She alleged that council’s actions amounted to deliberate defiance of the order.

However, Magistrate Mudzingo found that the council’s failure to directly serve inquiry documents on Makusha’s lawyer was not an intentional breach but an administrative error. The court accepted the council’s explanation that the documents were mistakenly addressed to the Clerk of Court rather than the applicant’s legal representative.

The dispute stems from a September 3, 2025 court order compelling the City of Masvingo to release minutes of an inquiry to Makusha. She served the order on September 18 and later sought the imprisonment of senior council officials, arguing they had failed to comply. But council countered that the minutes had indeed been prepared and dispatched—albeit to the wrong recipient.

An Assistant Committee Officer responsible for council minutes confirmed in an affidavit that he had inadvertently misaddressed the envelope on October 9. The court noted that the documents were eventually delivered to Makusha and bore the official council stamp.

Makusha argued the minutes were invalid because they lacked the chairperson’s signature, but the magistrate ruled that such a challenge should be pursued through a separate process.

In her ruling, Magistrate Mudzingo referred to the legal standard for contempt established in Mangwiro and Others v City of Harare HH 307/2014, which requires proof of a court order, proof that the respondent was aware of it, and evidence of wilful disobedience. She found no evidence that the respondents had acted in deliberate defiance.

“Before a finding of contempt of court can be made, it is necessary to determine whether there has been a factual breach of an order or undertaking on the part of the person brought before the court,” she said.

The court concluded that Makusha had failed to meet this threshold.

“The application finds no favour before the court,” Magistrate Mudzingo ruled, dismissing the matter for lack of merit and making no order as to costs.

The ruling comes against the backdrop of ongoing tension between Makusha and senior council management.

Makusha has accused Town Clerk Engineer Edward Mukaratirwa of victimisation following an internal audit she led, which exposed irregularities in the procurement of his condition-of-service vehicle. Makusha also alleges discrimination in disciplinary matters, breach of her employment contract, and attempts to demote her.

These issues remain the subject of separate legal and administrative disputes.