The Herald (Zimbabwe)

Helping lover rape child lands woman in soup

- Prosper Dembedza Court Correspond­ent Herald Reporter

VICTOR COHEN must be turning in his grave with anger and disgust as a dogfight has erupted between his daughters and nephew over his company, Waverley Plastics.

Cohen’s legacy at Waverley Plastics (Pvt) Ltd, is certainly up in smoke as the feud played out at the High Court last week, with his two daughters Ms Amanda Berkowitz (nee Cohen) and Ms Belynda Halfon (nee Cohen) contested the alleged fraudulent takeover of the multi-million-dollar family business by their nephew Mr Aron Vico.

The siblings claim they were fraudulent­ly stripped of their shareholdi­ng in the company by Mr Vico.

They want the court to nullify the irregular transfer of shares to their nephew, who is currently running the affairs of the companies.

Waverley Plastics is a sister company to Waverley Blankets and part of the business empire founded by their father the late Victor Cohen, 24 years ago.

High Court Judge Justice Mary Zimba-Dube heard how Mr Vico allegedly fixed documents to acquire majority shareholdi­ng in the company under the directorsh­ip of the Cohen siblings.

Through their lawyer, Mr Zwelibanzi Lunga, the Cohen sisters told the judge, how on March 20, 2017 Mr Vico caused the issuance of allotment of shares of 400 shares to himself and 145 to his grandfathe­r.

“The allotment of the shares was effected without a resolution of the company directors,” said Mr Lunga. “The allotment was unlawful and cannot be allowed to stand.”

The court also heard that the irregular issuance of allotment of 400 shares that gave Mr Vico control over Waverley Plastics, was done through an accounting firm called AA Omar, also listed as respondent in the matter.

“There is virtually no evidence on record that Victor Cohen during his lifetime authorised the transfer of shares, as claimed by the first respondent (Mr Vico),” sid Mr Lunga.

He said a series of the company emails produced in court were evident enough to confirm Ms Berkowitz directorsh­ip in the company.

The emails were instructin­g Amanda to sign certain bank documents as a director of the company.

Earlier, Mr Lunga also told the court that his clients had proper legal footing to sue Mr Vico given their direct and substantia­l interest in the affairs of the company.

Mr Vico, who is being represente­d by Mr Herbert Mutasa questioned the legal competency of Ms Berkowitz and Ms Halfon to sue in the matter.

“There must be recognisab­le legal rights which must form the basis of an applicatio­n for declarator, which the applicants are seeking,” said Mr Mutasa.

He said there was a material dispute of facts that could not be resolved on papers. Mr Mutasa also produced supporting affidavit compiled by business consultant Mr Maxwell Maheya, saying he was given instructio­ns by the late Cohen to allot shares to members of his family.

This was strenuousl­y challenged by the Cohen sisters who argued that Mr Maheya was a charlatan and unknown to any members of the family.

Mr Mutasa, however, moved for the applicatio­n to set aside the allotment of shares to be dismissed or set for trial.

Justice Zimba-Dube reserved her ruling to allow her time to study the submission­s made by both parties’ counsel, who have taken their fight into the courts. The family also has a couple more litigation­s lined up in the superior courts. A TWENTY-YEAR-OLD Harare woman last Friday appeared in court on allegation­s of assisting her boyfriend rape her eight-yearold neighbour.

Isabel Tangata was not asked to plead when she appeared before Harare magistrate Mrs Learnmore Mapiye.

Mrs Mapiye remanded Tangata in custody Sallomy Matare THE Zimbabwe Republic Police (ZRP) is appealing for any leads in finding Eneres Edwards (21), who is reportedly missing and is urging the public to come forward with any helpful informatio­n.

In a statement, ZRP spokespers­on Assistant Commission­er Paul Nyathi said Edwards was last seen on August 14, in Marondera.

“The Zimbabwe Republic Police is appealing for informatio­n that might lead to the location of Eneres Edwards, aged 21, who was last seen on 14 August at around 0800hrs in and advised her to approach the High Court for bail.

The court heard that on an unknown date this year, Tangata took the minor to her house.

It is the State’s case that the minor’s aunt once visited Tangata’s house looking for the minor, but she hid her in a disused room.

The court heard that on a date unknown to the State, Tangata came home from the Marondera,” he said.

“Eneres was last seen wearing a blue skirt and white T-shirt and was putting on highheeled shoes.

“She is about a metre tall and brown in complexion with short hair.”

Asst-Com Nyathi said Edwards was a down syndrome patient, but not mentally challenged. He urged the public to come forward with informatio­n that might assist in finding her.

“Anyone with informatio­n on her whereabout­s may contact ZRP Marondera Rural or any police station,” he said. bar with her boyfriend Arnold Nfpk, who is still at large.

The State further alleges that Nfpk raped the girl while Tangata watched and took no action. The court heard that the following day the girl’s aunt came and took her home that is when she observed her scratching her private parts and observed some injuries.

The matter was reported to the police leading to Tangata’s arrest.

THE Harare Municipal Workers Union (HMWU) has urged council to urgently review workers’ salaries to levels above the poverty datum line of $2 600.

HMWU executive chairperso­n Mr Cosmas Bungu said council’s failure to pay its employees reasonable salaries was in contravent­ion of the Constituti­on that provides for a right to fair and labour practices.

“Salaries of employees should not be below the poverty datum line as this is illegal. Our position on salaries is that the employer through the National Employment Council Social Partnershi­p should review the salaries as soon as possible to a wage that is above the poverty datum line,” he said.

Mr Bungu said the local authority was supposed to take a leaf from the Government that was continuous­ly cushioning its employees.

“The City of Harare should come to the party and take action urgently like what Government is doing.

“We call upon the MDC-led Council to walk the talk as beneficiar­ies of the workers’ movement hence their status as mayors and councillor­s today,” he said.

He also castigated recent utterances made by the employer over poor performanc­e of workers.

“How does council expect workers to perform when its giving them peanuts and failing to provide them with proper equipment,” he said

Mr Bungu said workers in grades 5 to 16 were being given paltry $40 as transport allowance every month despite fuel and transport prices increasing every week.

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