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Daniel Nemukuyu Senior Court Reporter
The High Court has dismissed with costs a case in which a Harare woman was challenging the legality of debt collectors. Ms Sheila Chibika, who owes Harare City Council in rates and water charges, argued in her application that debt collectors’ operations were dubious and should be banned. The court threw out the matter after she failed to prosecute her case within the expected time frames.

Justice Priscilla Chigumba slapped Ms Chibika with costs on the higher scale.

“Whereupon after reading documents filed of record, it is ordered that: 1. the application filed for a declaratory order filed by the respondent under Case Number HC466/ 17 be and is hereby dismissed with costs on attorney-client scale for want of prosecution.

“2. the respondent shall pay costs of this application,” ruled Justice Chigumba.

Ms Chibika early this year approached the High Court, seeking an order declaring the operations of debt collectors illegal.

She argued that there was no Act of Parliament that empowered debt collectors to demand payment, to issue threats or summons on behalf of creditors.

She cited Wellcash Debt Collectors (Pvt) Limited as a respondent in the court application.

Ms Chibika argued that by issuing out summons on behalf of creditors, debt collectors would be violating Section 9(2) (b) of the Legal Practitioners Act.

Section 9 (2) (b) of the Act reads: “Subject to any other law, no person other than a registered legal practitioner, who is in possession of a valid practising certificate issued to him shall — (b) For, or in expectation of any fee, commission, gain or reward in any way instruct, or assist any other person to sue out or threaten to sue out any summons or process or to commence, carry on or defend any action, suit or other proceeding in any court of civil or criminal jurisdiction.”

Ms Chibika said there was no legal framework in place to protect creditors and debtors from unscrupulous debt collectors.

If lawyers abuse clients’ funds, she argued, the Law Society of Zimbabwe would chip in, but debt collectors were not accountable to anyone and just operated on their own.

Ms Chibika added that some unscrupulous debt collectors were swindling creditors of cash after collection.

She indicated that she had since entered into a payment plan with Harare City Council to clear her debt, but she was now challenging the legality of debt collectors.

Ms Chibika of 11013 Glen View 7 in Harare received a letter of demand from Wellcash Debt Collectors on January 10 this year.

Wellcash, acting on behalf of Harare City Council, had given her a 48-hour ultimatum to settle the debt or risk losing property.

The company, Ms Chibika said, also threatened her with civil imprisonment if she did not have enough assets to service the debt.