A Harare woman has petitioned the High Court seeking an order setting aside a reciprocal protection order which was granted to her and her ex-boyfriend by a Civil Court magistrate, Nyasha Marufu last month.
According to court papers filed under case number HC3161/20, Tanya Robyn Haden-Tebb said magistrate Marufu failed to give a proper analysis of the evidence which was put before her.
In the court papers, she cited her ex-boyfriend, Denton Leslie Boshi and magistrate Marufu in her official capacity as respondents respectively.
Haden-Tebb petitions the High Court that the application for review succeeds with costs and that magistrate Marufu’s decision on 11 June 2020 of granting a reciprocal protection order to both parties be set aside and substituted with a protection order in favour of her (Haden-Tebb) and her family.
In her founding affidavit which was filed along with the court papers, Haden-Tebb said the presiding magistrate paid no regard to the evidence which she had presented to her.
“I contend that the second respondent’s (Magistrate Marufu) decision to grant a reciprocal protection order is grossly irregular and unreasonable. The second respondent erred in failing to give a proper analysis of the evidence before her.
“The second respondent paid no regard at all to the evidence which I presented. Instead, she inclined herself only to the submissions which were not backed by any evidence whatsoever by the first respondent,” she said.
Haden-Tebb added that Magistrate Marufu also erred in granting the reciprocal protection order since her ex-boyfriend never alleged any abuses nor provided any evidence that she was abusing him.
“The second respondent erred by granting a reciprocal protection order when the first respondent (Boshi) never alleged any abuses nor provided any evidence that I was abusing him in any way…… My question is how does a magistrate grant a protection order which was never applied for in the first place? This is grossly irregular and unreasonable.
“From the foregoing, I submit that the second respondent did not apply her mind to the facts at hand and misdirected herself by granting what she termed a “reciprocal protection order”. I presented evidence in form of the police report made at Marlborough Police Station on 26 March 2020, photographs showing injuries and a letter threatening me to withdraw the application for a protection order and I indicated to the court that I was not able to present it prior because of the Covid-19 induced lockdown, the second respondent does not make any reference to it in her ruling nor provides reasons why she disregarded all the evidence,” she said.
In addition, Haden-Tebb also mentioned that her daughter who was a minor at the time was also being threatened by Boshi but the magistrate did not take that into consideration before issuing out the reciprocal protection order which did not protect her as well.
“Second respondent did not apply her mind that the first respondent’s threats were also being made against her family, in particular her daughter, who was a minor at the time of the application,” she said.
Initially, Haden-Tebb approached the Harare Civil court and applied for a protection order against her ex-boyfriend Boshi under case number DV746/20 and the presiding magistrate Marufu granted a reciprocal protection order instead.
Boshi is accused of verbally and physically assaulting Haden-Tebb.
The matter is still pending.