AAG boss fights to save property

Published: 27 September 2017

AFFIRMATIVE Action Group (AAG) vice president, Samuel Ncube, is in trouble after he was arrested for insulting and threatening a messenger of court who intended to evict him from his house, which fell under the hammer over a debt owed to a local bank.

Ncube had been issued with his first eviction order in 2013, but has been resisting eviction since then.

He lost the property after he became a guarantor to a $20 000 bank loan issued to his colleague.

Following his colleague 's failure to pay the loan, the bank turned on Ncube as it sought to recover the debt.

This resulted in his house in Selborne Park being auctioned with one Emmeliah Tendai Sigauke emerging as the buyer of the property.

According to the State papers, on August 10 at around 9am, Ncube was served with a notice of eviction from the High Court.

On August 23, the messenger of court Edson Nkawu who is now the complainant in the case proceeded in the company of the police to Ncube 's place of residence in order to evict him, using the High Court eviction order.

However, the accused refused to comply with the order and started insulting and threatening both the police and the complainant, ordering them to leave.

The accused was later arrested and charged with contempt of court.

In an urgent appeal to the High Court against his eviction, judge justice Kamocha turned down Ncube 's application on the basis that it was not urgent.

"The urgency of a matter as contemplated by law is when it cannot wait.

"A matter does not become urgent just because the day of reckoning is close. That does not make the mater urgent," he said.

Justice Kamocha also cited that the accused had wrong advisors as the matter has been taken to different courts.

"This matter has been going on since 2015. It has been to the Constitutional Court, to the Appeal Court of the High Court and to the magistrate courts, therefore, the applicant has adopted wrong procedures... Those who gave him advice are to blame and that must affect him as he chose them himself," Justice Kamocha said while dismissing the matter.
- dailynews