DeMbare ownership wrangle plays out in court
DYNAMOS Football Club chairperson Bernard Lusengo Marriot, who is accused of allocating himself majority shareholding of the club is challenging Robinson Rundaba’s position at the club.
The complainant, Rundaba, accuses Marriot of allocating himself 51% shareholding of the club without a board resolution.
The trial was expected to start yesterday but Marriot's lawyer, Tawanda Zhuwarara filed an application questioning Rundaba’s position at the club.
Marriot wants Rundaba to prove that he has authority to represent Dynamos Football Club.
Rundaba is said to have resigned from his position at the club.
“We asked the State to provide us with a dated and duly signed copy of the resolution granting Robinson Rundaba the authority to represent the Dynamos Football Club (Pvt) Ltd in present criminal proceedings,” Zhuwarara submitted.
“A dated and duly signed copy of the special resolution directing the replacement of the articles of association of Dynamos Football Club (Pvt) Ltd.”
Zhuwarara said no copy of the alleged special resolution mentioned in the State outline was provided to the accused.
“A dated and duly signed copy of the recommendations of the Sports and Recreation Commission (SRC) directing the issuance of shares in Dynamos Football Club Pvt Ltd,” Zhuwarara added.
He further said the accused was not served with a copy of the alleged SRC recommendation mentioned in the State outline.
They requested a copy of the share register of Dynamos Football Club and details as to how the accused is alleged to have made the misrepresentation that he owned 51% of the shares of Dynamos Football Club.
“In particular, how was the misrepresentation made [was it in writing or orally] to whom was the misrepresentation made [the charge sheet and the State outline allege conflicting circumstances of the misrepresentation. Copy of any direct statement and or witness statement by one Chitambo whom the prosecution claims to have been told by the accused that he owned 51% of the Dynamos shareholding,” Zhuwarara submitted.
Zhuwarara said the State outline suggests that no misrepresentation was directly made to any of the intended witnesses the prosecution intends to lead.
State representative Tapuwa Zvidzai said he would try to furnish the accused person with his requests.
The complainant is Dynamos Private Limited represented by Rundaba, on behalf of directors at the company. Lusengo is one of the directors at Dynamos (Pvt) Ltd.
It is alleged that sometime in 2008, Dynamos (Pvt) Ltd’s subsisting articles of association were replaced through a special resolution.
The net effect of the articles of association was to allocate some shares to people who were active members of the club during the period extending from 1963 to 1968.
This was in accordance with the recommendations of SRC. A three-member committee was set up to look into the issue of allocation, payment, distribution and issuing of share certificates.
The committee consisted of Rundaba, Lusengo and Casper Muzenda.
However, the committee never met to deliberate on the allocated task and the allocation of shares and issuance of certificates was not done. The issue was never revisited, but the agreement on allocation of shares for beneficiaries still stands.
Sometime in 2019, Rundaba received a call from one Chitambo of Sakunda Holdings advising him that Lusengo had approached their company seeking sponsorship for Dynamos FC and that he was claiming that to be the sole owner of the club.
Rundaba allegedly then convened a meeting with Chitambo in the company of Simon Sachiti and one Nyamandwe in which Chitambo claimed that Lusengo had retracted his earlier claim and was now saying he owned 51% of the company shares.
Lusengo’s claim to Sakunda Holdings that he was the sole owner of the company prompted Rundaba to make a police report.
Investigations revealed that Lusengo had awarded himself 51% shareholding in the club without the knowledge or approval of Rundaba.
The State alleges Lusengo’s conduct can cause a potential prejudice of 51% shares to Dynamos.
The CR14, CR2 and articles of association for Dynamos will be produced in court as exhibits.