MDC COUNCILLOR FACES JAIL
Newly elected MDC Alliance councillor for Ward Three and aspiring Bulawayo deputy mayor Mr Tinashe Kambarami has been issued with summons for civil imprisonment over a debt of nearly $40 000 in unpaid rentals and legal costs.
The legal costs emanate from a two-year legal battle between Mr Kambarami and the National Railways of Zimbabwe Contribution Pension Fund (NRZCPF) over rental arrears.
Mr Kambarami was evicted from the NRZCPF building in Bulawayo after failing to pay $11 300,64 rental arrears including holding over damages of $1 250 per month calculated from September 29, 2015 to date.
NRZCPF, through its lawyer Mr Bruce Masamvu of Dube-Tachiona and Tsvangirai Legal Practitioners, filed summons for civil imprisonment at the Bulawayo High Court citing, Mr Kambarami, his wife Rosemary and their company, Wivox Computer Systems (Pvt), as defendants.
Mr Kambarami and NRZCPF entered into a lease agreement in September 2015. He however, defaulted in payment of rentals resulting in his eviction and the culmination of a series of lawsuits.
Last year in December, Mr Kambarami lost some of his properties after they were attached by the Sheriff of the High Court and auctioned for failing to pay the debt.
Mr Kambarami is obliged to either pay a total of $38 752,01 in legal costs, accrued holding over damages and rentals including interest or face civil imprisonment of up to 90 days in jail.
The court will conduct an inquiry into Mr Kambarami’s financial position and depending on the circumstances, it may commit him to prison or alternatively give him further time to pay the money in instalments over a specified period.
According to the summons, Mr Kambarami has an option to approach a judgment creditor before the date of the hearing and make an offer of settlement of the amount due.
In terms of the lease agreement, Mr Kambarami was supposed to pay $1 250 as from October 1, 2015 to September 30, 2016.
He also agreed to pay $32,76 being the attributable share of the building expenses.
The agreement also stipulated that in the event that NRZCPF incurred any legal expenses in the process of trying to recover the debt, it was entitled to recover the legal costs from Mr Kambarami together with collection charges levied by their lawyers.
Mr Masamvu said the defendants breached the terms of the lease agreement, by refusing, failing and neglecting to pay rentals and operational costs.
Mr Kambarami was elected Councillor for Ward Three in the July 30 harmonised elections after trouncing former Bulawayo mayor Mr Martin Moyo in the party’s Ward Three primaries.
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