Court blocks sale of M'mbelwa's property

BY COLLINS MTIKA

December 14, 2004
THE HIGH Court in Blantyre has ordered sheriffs not to sell household property belonging to Inkosi ya Makosi M'mbelwa IV of Mzimba after the expiry of two weeks following an application for stay of execution by the chief.

Last week sheriffs accompanied by armed police seized household property belonging to the paramount chief at his Edingeni headquarters in Mzimba after he failed to repay a K 2.2 million loan to Finance Bank.

Some of the goods seized include two sets of sofa, fridge, display cabinet, giant TV screen, dining chairs, carpets and doormats.

Lawyer for the embattled chief, Chifundo Ngwira, applied for stay of execution on December 9, 2004 pending a further application within two weeks to allow the chief to settle the debt by monthly instalments of K100,000.

The court further ordered the sheriffs to return the property to the chief upon payment of sheriffs' fees and the first instalment of K100,000.

According to court officials the chief is obliged to pay K 2.7 including sheriffs' fees and other costs. But a senior court official who refused to be named wondered how many "stays" the chief would stop saying they were many warrants of execution waiting to be enforced.

He said the chief's property kept at the Mzuzu High Court would still face the hammer if the chief failed to pay the sheriffs' fees and the first instalment by the end of 14 days.

"We swept the house clean. We only left his royal chair and a lion hide. The goods we got are not enough and considering the amount, we are likely pounce on more," he said.

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Mzimba subjects to pay for M'mbelwa's debts

by Edwin Nyirongo, The Nation
Chiefs from Mzimba have asked village headmen, group village headmen and sub-chiefs under their authority to contribute money to pay for the debts Inkosi ya Makosi M'mbelwa IV owes banks.

Inkosi ya Makosi M'mbelwa IV owes Finance Bank about K2.2 million which he claimed he borrowed after winning a tender to supply school materials to the ministry of education which the ministry refused to buy after customs clearing.

Sheriffs accompanied by heavily armed police seized household property from the chief's Edingeni Headquarters after he failed to pay the debt.

Lawyer for the beleaguered chief, Chifundo Ngwira, applied for a stay of execution on December 9, 2004 pending a further application within two weeks to allow the chief to settle the debt by instalment of K100,000 per month. But the High Court ordered sheriffs to seize more goods from the chief after lawyers for Finance Bank, applied on January 13, 2005 for a certificate of noncompliance.

A source that was at the chiefs' meeting said the chiefs gave an order to pay for the top chief's debts because they were an embarrassment to the respected tribe.

"They felt that the stories about the debts and grabbing of Inkosi ya Makosi's  property were not only a disgrace to the chief but the entire Ngoni tribe and Mzimba as a whole hence their resolution to settle the debt," he said.

Inkosi M'mbelwa could not be reached on the phone but another influential Ngoni chief, lnkosi Mpherembe confirmed the meeting and the resolution. He said he sees nothing wrong with that because this is not the first time the subordinates have come forward to help their chief.

 "During the reign of M'mbelwa II, people contributed money when he went to oppose the Federation of Rhodesia and Nyasaland. The people of Mzimba also bought a vehicle for their chief, in addition to another one, which was to be used by other chiefs," he said.

Inkosi Mpherembe said each village has been asked to contribute K200 towards the cause. "We resolved that each village should pay K200 to the chief so that we could help him with some of the problems he might have," he said.

Asked how much they expect to collect, the Ngoni chief said he could not say because he does not have the exact number of people in the district but said it would be a handsome amount.
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