A High Court judge has come under fire over a controversial ruling that allowed a businessman to keep a luxury Toyota Land Cruiser allegedly stolen from Zimbabwe, as fresh revelations surrounding an Interpol Red Notice intensify scrutiny of the case.
Retired legal figures have raised serious concerns about the reasoning adopted by High Court Judge Justice Simeon Mdeza in a bitter ownership battle over the Toyota Land Cruiser, valued at around US$150,000 (K257million)
At the centre of the dispute is Zimbabwean businessman Nesbert Mukora, who claims the vehicle was stolen from his Harare-based car hire company, and Malawian businessman Yollam Kawanga, who insists he bought the vehicle legally and in good faith.
The controversy has deepened after Zimbabwean authorities confirmed that Margret Joleen Janse Van Vuuren, the woman accused of stealing the vehicle, has been placed on an Interpol Red Notice as prosecutors seek her extradition.
Judge’s Decision Questioned
Justice Mdeza’s ruling, delivered on 18 June 2026, dismissed an application by Mukora seeking to halt enforcement proceedings over the vehicle.
By the time the application was heard, the Land Cruiser had already been handed over to Kawanga.
However, a retired High Court judge has sharply criticised the ruling, arguing that the court appeared more concerned with protecting Malawian buyers from fraudsters than with resolving the fundamental question of ownership.
According to the retired judge, courts are required to assess evidence impartially rather than frame disputes as a contest between local purchasers and foreign claimants.
The criticism centres on whether sufficient weight was given to Mukora’s claim as the vehicle’s alleged original owner and whether the court properly distinguished between possession of official documents and proof of lawful ownership.
Trail of a Missing Vehicle
The Land Cruiser was reportedly hired out in Harare in April 2025 and never returned.
Investigators later traced the vehicle to Malawi, where Kawanga said he had purchased it from Van Vuuren.
In support of his claim, Kawanga relied on a Temporary Importation Permit issued by the Malawi Revenue Authority and a police clearance certificate from the Malawi Police Service.
But questions have persisted over the legitimacy of documents used during the vehicle’s cross-border movement.
Previous investigations cited findings by South African police indicating that fraudulent registration papers had allegedly been used in connection with the vehicle.
Reports have also linked two foreign nationals to criminal proceedings in Malawi relating to the alleged theft and movement of the Land Cruiser across borders.
‘The Law Will Become Useless’
Particular attention has focused on comments made by Justice Mdeza in his judgment.
In the ruling, the judge stated: “The law will become useless if it fails to protect Malawian victims of such fraudulent devices, who end up losing the hard-earned cash … to those rogues.”
The retired judge argues that such language risks prejudging the dispute before all competing claims have been fully examined.
“The concern is the framing of the dispute as a contest between Malawian victims and foreign wrongdoers before the competing factual and legal claims have been fully resolved,” the retired judge said.
He further argued that nationality should play no role in determining legal rights.
“Nationality does not establish innocence, just as foreign ownership does not establish entitlement,” he said.
Interpol Notice Raises Stakes
Meanwhile, the case has acquired an international dimension.
Zimbabwe’s National Prosecuting Authority requested an Interpol Red Notice for Van Vuuren on 19 August 2026 in connection with allegations involving the theft of the Toyota Land Cruiser.
Zimbabwe Republic Police confirmed in October that the notice had been issued but that Van Vuuren had not yet been arrested in Zimbabwe.
The Red Notice serves as an international request to law enforcement agencies worldwide to locate and provisionally arrest a wanted person pending extradition proceedings.
The latest development is likely to increase pressure on authorities and the courts, with critics arguing that the criminal allegations surrounding the vehicle remain unresolved while questions over its ownership continue to divide legal opinion.
For now, the luxury Land Cruiser remains in Malawi, but the legal and diplomatic fallout shows no sign of disappearing any time soon.
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