Zvinavashe’s estate wrangle opens can of worms

THE late army general Vitalis Zvinavashe’s son, Richard, has accused a Harare lawyer Florence Mabungu of hijacking his late father’s estate through dictating proceedings and sidelining beneficiaries in the process, among other allegations.

Richard (50) has since taken the matter to the High Court’s civil division where Mabungu is cited as the first respondent alongside the late general’s widow Magret Mutamba.

Zvinavashe died on March 10, 2009, and his estate is yet to be finalised due to family squabbles.

After his death, Richard was appointed the executor.

The late general’s properties are registered under the Vitalis Musungwa

Gava Zvinavashe (VMGZ) Trust.

According to the court documents, Mabungu from Dube-Banda Nzarayapenga and Partners, the legal point person for the VMGZ), is accused of “taking over” the late general’s estate through holding influential posts and offering her companies tenders thereby financially gaining from the trust.

“Over the years, and between 2018 up to 2023, first respondent continued to spread influence over Margret as an octopus,” the court papers read.

“From a human resources consultant Margret’s lawyer, and contractor for the trust’s projects, first respondent ultimately became the chairperson of the trust in 2022. Furthermore, during her reign (first respondent) has ensured that the affairs of the trust, especially the books of accounts are operated in an opaque, murky and non-transparent manner.”

The late Zvinavashe left behind several properties among them farms and the highly rated Tynwald Group of Schools.

“I contend that the trust deed, and therefore the interests of my late father have been fundamentally and immeasurably departed from. I also contend that this is under the ironfisted and dictatorial leadership of the first respondent. As I seek to demonstrate, a forensic audit is desirable to unravel and ferret out, what I set out below as a tip of the iceberg.

“Using her draconian tactics and with the active assistance of her client, (Margret Mutamba), first respondent, with the collusion of second respondent, has ensured that Margret Mutamba has the untouchable status of a “Super Trustee’ when it suits her including in trust meetings,” the court papers read.

Mutamba is stepmother to Richard.

According to the court document, Richard accused Mabungu and Mutamba of allegedly chucking out trustees.

“Indeed, in the 2018 to 2022, first respondent, with Margret in tow saw the hiring and firing of several chairpersons of the board, as well as trustees until she eventually landed the ultimate price of chair,” the document read.

Richard who was among the trustees alongside his stepmother and brother Vitalis has since been chucked out of the trust despite him being the estate executor.

“It is easy enough to see that the trustees are essentially, at board level, running the deceased’s business. Accepting that truism as one must, the first and second respondents are running a business for the benefit of all stake and stockholders. The cruciality of an AGM [annual general meeting] is thus not difficult to see.

“By failing to hold an AGM as prescribed by the trust deed, the first and second respondents are depriving the beneficiaries, and other stakeholders of crucial information such as the approval of trustees allowances, the approval of beneficiaries benefits.

“It is my case that all this is not by coincidence. It is a deliberate strategy by the first respondent and Margret to manage the affairs of the trust in a clandestine, fraudulent and corrupt fashion,” said Richard.

He added that he has since engaged the Law Society of Zimbabwe (LSZ) over Mabungu’s interference.

“It is common cause that I am the executor to my late father’s estate. In that capacity I have interacted with the first respondent directly and indirectly.

“Coming in as Margret’s lawyer, first respondent was engaged by the trust as its human resources consultant. With time she then wormed herself into the trust becoming its lawyer, and ultimately the chairperson of the board of trustees, as well as the chairperson of the board of governors (for the schools).

“On the September 6, 2022, I wrote to the LSZ taking issue with what I perceived to be plain and obvious conflict of interest,” read the court papers.

Mabungu is also accused of allegedly using her company Fibro Contracting to get tenders from the trust thereby siphoning money especially from the late general’s schools.

According to a letter dated July 18, 2023 and signed by LSZ executive secretary one Edward Mapara, investigations into Mabungu’s conduct have been done.

“The investigations into this matter have been concluded at this stage and we are therefore proceeding to refer the case to our disciplinary and ethics committee for consideration, in terms of by law 61 (5) of the LSZLaws SI 314 of 1982,” wrote LSZ.

In 2019, High Court judge Justice Sylvia Chirawu-Mugomba lamented the absence of an alternative dispute resolution in the same estate where Margaret and Richard have been at each other’s throat ever since Zvinavashe was interred at the National Heroes Acre.