BY CHARLES LAITON
THE Zimbabwe Electricity Transmission and Distribution Company (ZETDC) has petitioned the High Court with an application to register as a court order a deed of settlement signed by former Zanu PF Midlands senator Flora Buka following her failure to settle a US$368 833 electricity debt despite her undertaking to do so.
The power utility recently filed a court application seeking an order to have the deed of settlement registered with a view to execute the judgment against her property and recover its cash.
In its affidavit, the power utility said Buka owns Riverbend Farm, East Clare in Kwekwe which accumulated the debt which she subsequently failed to pay.
Through its lawyers Chihambakwe, Mutizwa and Partners, the power utility demanded payment of the outstanding amount but the former minister in the then Vice-President Joice Mujuru’s Office failed to fulfil her obligation.
“On April 5, 2019 and at Harare, the applicant (ZETDC) and the respondent (Buka) signed a deed of settlement in terms of which it was agreed that the respondent would pay the applicant a total sum of $368 833 being charges for electricity supplied by the latter to the former,” ZETDC’s company secretary Judith Tsamba said in her affidavit.
“It was also agreed that in the event of the respondent’s failure to pay any instalment due in terms of the deed of settlement then the whole amount outstanding would become due and payable.”
Tsamba further said in breach of the deed of settlement, Buka has, since the signing of the agreement, only managed to pay a total of $8 000.
“By reason of the respondent’s breach, the whole amount in the sum of $360 633 is now due and payable…this has necessitated the making of this application to enable the applicant to recover the outstanding sum of $360 833 plus costs of suit as agree,” she said. The matter is yet to be set down for hearing.