Mandiwanzira, Mliswa clash at AAG meeting
Tuesday, 25 October 2011 00:00
Herald Reporter
Tempers flared at a meeting called yesterday to discuss the state of affairs of the Affirmative Action Group with the empowerment lobby's former president Mr Supa Mandiwanzira and his deputy Mr Temba Mliswa engaging in a furious verbal exchange.
The meeting was organised to discuss the body's state of affairs after some provincial leaders passed a no confidence vote in the national executive. Mr Mandiwanzira later excused himself and left the meeting. AAG founding president and interim leader Mr Philip Chiyangwa chaired yesterday's meeting.
The meeting started with Mr Chiyangwa narrating to delegates drawn from the country's provinces the history of the AAG and the vision they had when they formed the organisation.
The meeting then went into a closed session, before the media were allowed to return when AAG chief executive officer Dr Davison Gomo read out the letter in which the provinces passed a vote of no confidence in the Mandiwanzira-led national executive.
Interim secretary-general, Mr Tendai Savanhu, then said a fact finding committee made up of lawyers, accountants and AAG founder members would be set up to establish the authenticity of the allegations made against the ousted executive.
When the meeting was opened to the floor Mr Mliswa made a number of allegations against his colleagues in the former executive.
The Mandiwanzira-led executive was also accused of embarking on foreign trips that were not beneficial to the AAG and of using the group to defend personal interests that were not in line with the body's objectives.
"The probe is important so that those who are leaders should be held accountable to people because when you don't account there will be a crisis.
However, Mr Mandiwanzira denied that he had abused AAG's resources, saying he had sacrificed a lot for the organisation's cause.
"The issue here is not about finger pointing, this is not an investigation but a fact finding mission and the facts will speak for themselves.
"There is a perception that that we are supposed to have stolen money from AAG yet there is no single day I have asked for a cent from AAG. If there is anyone with information that I received money please bring it to Mr Savanhu," he said.
Mr Mandiwanzira said the AAG operated from his business premises but he did not ask for any rentals or contributions to pay bills. It was at this point that the Midlands province secretary-general raised a point of order that the meeting was not a platform for people to defend themselves.
Labels: AAG, SUPA MANDIWANZIRA, TEMBA MLISWA
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Temba Mliswa acquitted
Mr Temba Mliswa
BUSINESSMAN Temba Mliswa, who was being accused of swindling a white commercial farmer of property worth over US$3 million, was on Tuesday acquitted at the close of the State case. Regional magistrate Mr William Bhila allowed Mliswa’s application for discharge on the basis that the prosecution had failed to prove a prima-facie case against him.
In granting the application, Mr Bhila said the prosecution also failed to prove the essential elements of fraud and clearly there was no misrepresentation on the part of Mliswa as alleged in the indictment.
"The evidence before the court is that there is a contract between the accused and the complai-nant. Accused was tasked to sell the agri-equipment by the complainant on his behalf at 10 percent commission hence there cannot be any fraud since the contract is still running up to date.
"The complainant clearly stated that there was no fraud or misrepresentation, this is interesting," said Mr Bhila.
The complainant, said the magistrate, did not report a fraud case but was instead invited by police officers at Holiday Inn Hotel to record statements in the lap of luxury.
Mr Bhila said the complainant conceded that there was no misrepresentation and that issues of non-payment on the part of Mliswa dominated his whole evidence.
He said the investigating officer admitted that he would not have brought the matter to the criminal court if he was furnished with all documents pertaining to the deal between the two parties.
The magistrate also noted in his ruling that the investigating officer conceded in cross-examination that the matter was purely civil.
"Both the complainant and his wife conceded that some of the equipment was still at the accused person’s farm.
"This is malicious prosecution, this matter should have not been brought to the criminal court as we have more serious cases to deal with," said Mr Bhila.
Charges against Mliswa were that he allegedly misrepresented to Petros Jacobus van de Merwe, formerly of Orlib Park Lot 1 in Karoi, that he could help him sell his farm equipment without State interference for a 10 percent commission.
It was alleged Mliswa sold the property, but did not surrender any money to Van de Merwe.
The prosecution also charged that Mliswa took 108 cattle, three heavy vehicles, a cold room, three tractors, a drosky hammermill, irrigation equipment, generators and other items all valued at US$3 644 058.
In October, Mliswa was convicted of seven counts of assaulting his employees and fined
US$50 for each by a Karoi magistrate.
Recently, the businessman successfully applied at the Harare magistrates’ courts to have his bail conditions on other charges he is facing relaxed and he got back his passport.
He is still facing trial at the regional court on charges he is jointly facing with George Marere for allegedly trying to grab Nashio Investments Limited owned by businessman Mr Paul Westwood.
Mliswa is denying the charges claiming he owned shares in the vehicle accessory company and accused Mr Westwood of trying to dispossess him of his shares in the business.
He is also facing another charge of allegedly stealing six 60 KVA generators from farms around Karoi, allegations he has since denied.
Another case in which Mliswa is accused of defrauding the Reserve Bank of Zimbabwe of $3,5 million is still pending at Harare magistrates’ courts.
He is denying the charge arguing it is purely civil.
At the time of his arrest sometime in July this year, about 70 charges ranging from fraud and extortion to assault were laid against him.
Labels: CORRUPTION, TEMBA MLISWA, WHITE FARMERS
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Ministers, police clash over Mutasa’s son
By Innocent Ruwende and Freeman Razemba
PRESIDENTIAL Affairs Minister Didymus Mutasa and Home Affairs co-Minister Theresa Makone on Wednesday went to Mbare, Matapi and Stodart police stations allegedly demanding the release of Mutasa’s son.
Martin Mutasa (47) was arrested on Monday along with businessman Temba Mliswa (38) and George Marere (36) for allegedly seizing shareholding worth US$1 million in a company. Mliswa is a nephew to Minister Mutasa.
Three other people — including a director of the company and his wife — have since been arrested on the same charges.
Martin Mutasa, Mliswa and Marere appeared before a Harare magistrate yesterday.
However, according to police, on Wednesday Ministers Mutasa and Makone tried to "intimidate" officers into releasing Martin Mutasa.
Chief police spokesperson Senior Assistant Commi-ssioner Wayne Bvudzijena yesterday said: "The Zimbabwe Republic Police views seriously the behaviour of the two ministers which sought to interfere with police work, particularly as the ministers sought to protect accused person facing charges of wantonly seizing property outside the law and threatening others."
Snr Asst Comm Bvudzijena said the behaviour contravened Section 184 (1) of the Criminal Law (Codification and Reform) Act by defeating or obstructing the course of justice.
The law states that any person who "by an act of omission, causes judicial proceedings to be defeated or obstructed, intending to defeat or obstruct the proceedings or realising that there is a real risk or possibility that the proceedings may be defeated or obstructed; or;
"Knowing that a police officer is investigating the commission of a crime or realising that there is a real risk or possibility that a police officer may be investigating the commission or suspected commission of a crime, and who, by any act or omission, causes such investigation to be defeated or obstructed, intending to defeat or obstruct the investigation or realising that there is real risk or possibility that the investigation maybe defeated or obstructed;
"Hinders or disturbs a police officer in the execution of his or her duty, knowing that the police officer is a police officer executing his or her duty or realising that there is a real risk or possibility that the police officer may be a police officer executing his or her duty; shall be guilty of defeating or obstructing the course of justice."
Snr Asst Comm Bvudzijena would not disclose what action they were taking against the ministers.
Martin Mutasa, Mliswa and Marere yesterday appeared before Harare magistrate Mr Don Ndirowei to answer to fraud charges.
They were granted US$400 bail each, but will remain in custody after the State invoked Section 121 of the Criminal Procedure and Evidence Act.
The section empowers the State to keep suspects in remand prison for seven days while it considers appealing against the granting of bail.
The trio is represented by lawyer Mr Charles Chinyama of Chinyama and Partners while Mrs Phyllis Zvenyika prosecuted.
Minister Mutasa made an appearance at the courts in the company of his lawyer, Mr Gerald Mlotshwa.
Three others — Hammarskjold Banda, his wife Brendaly and Alfred Mwatiwamba — last Friday appeared in court on the same charges and are out of custody on US$100 bail.
Mliswa, who is the vice president of the Affirmative Action Group, is accused of misrepresenting to businessman Paul Westwood that President Mugabe and Youth, Indigenisation and Empowerment Minister Saviour Kasukuwere had given them the go-ahead to take over 50 percent of his company, Noshio Investments Limited.
Westwood held 50 percent of the company that is valued at US$2,1 million while one of the accused, Banda, owned the other half.
The State alleges that in October 2009, Westwood and Banda had a dispute over alleged misappropriation of funds by Banda’s wife, Brendaly, who was the company’s finance and human resources manager.
She had reportedly withdrawn US$25 000 without Westwood’s knowledge.
The company resolved to suspend Brendaly in October, a decision that did not go down well with Banda.
It is alleged the husband and wife connived with Martin Mutasa, Mliswa, Marere and Mwatiwamba to seize control of the company.
The State says in August 2009, Banda borrowed US$100 000 from Mliswa at 5 percent interest per month.
He, however, allegedly failed to repay the loan at the agreed rate.
Mliswa is said to have demanded that he surrender his Noshio shares to him to offset the debt.
On December 18, Mliswa, Martin Mutasa, Mwatiwamba, Brendaly and a Nigel Murambiwa allegedly went to Noshio Investments offices claiming Minister Kasukuwere had allowed them to take over the company.
Mliswa is alleged to have claimed President Mugabe was aware of the takeover and it was in line with Government policy.
The five allegedly told Westwood they had taken 50 percent of the company’s shares and threatened him with death if he resisted.
The State says Mliswa called a meeting with Noshio workers during which he informed them he had assumed control and warned them against taking orders from Westwood.
It is alleged that Mliswa further threatened Westwood, who stopped visiting the company premises after bouncers were hired to man the entrance.
As a result, the State alleges, Westwood lost shareholding worth US$1 050 000.
Labels: DIDYMUS MUTASA, MDC CORRUPTION, TEMBA MLISWA, THERESA MAKONE
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Minister Mutasa's son, Mliswa remanded in custody
By: TH-TZG
Posted: Friday, July 2, 2010 12:12 am
PRESIDENTIAL Affairs Minister Didymus Mutasa and Home Affairs co-Minister Theresa Makone on Wednesday went to Mbare, Matapi and Stodart police stations allegedly demanding the release of Mutasa’s son.
Martin Mutasa (47) was arrested on Monday along with businessman Temba Mliswa (38) and George Marere (36) for allegedly seizing shareholding worth US$1 million in a company. Mliswa is a nephew to Minister Mutasa.
Three other people — including a director of the company and his wife — have since been arrested on the same charges.
Martin Mutasa, Mliswa and Marere appeared before a Harare magistrate yesterday.
However, according to police, on Wednesday Ministers Mutasa and Makone tried to "intimidate" officers into releasing Martin Mutasa.
Chief police spokesperson Senior Assistant Commissioner Wayne Bvudzijena yesterday said: "The Zimbabwe Republic Police views seriously the behaviour of the two ministers which sought to interfere with police work, particularly as the ministers sought to protect accused person facing charges of wantonly seizing property outside the law and threatening others."
Snr Asst Comm Bvudzijena said the behaviour contravened Section 184 (1) of the Criminal Law (Codification and Reform) Act by defeating or obstructing the course of justice.
The law states that any person who "by an act of omission, causes judicial proceedings to be defeated or obstructed, intending to defeat or obstruct the proceedings or realising that there is a real risk or possibility that the proceedings may be defeated or obstructed; or;
"Knowing that a police officer is investigating the commission of a crime or realising that there is a real risk or possibility that a police officer may be investigating the commission or suspected commission of a crime, and who, by any act or omission, causes such investigation to be defeated or obstructed, intending to defeat or obstruct the investigation or realising that there is real risk or possibility that the investigation maybe defeated or obstructed;
"Hinders or disturbs a police officer in the execution of his or her duty, knowing that the police officer is a police officer executing his or her duty or realising that there is a real risk or possibility that the police officer may be a police officer executing his or her duty; shall be guilty of defeating or obstructing the course of justice."
Snr Asst Comm Bvudzijena would not disclose what action they were taking against the ministers.
Martin Mutasa, Mliswa and Marere yesterday appeared before Harare magistrate Mr Don Ndirowei to answer to fraud charges.
They were granted US$400 bail each, but will remain in custody after the State invoked Section 121 of the Criminal Procedure and Evidence Act.
The section empowers the State to keep suspects in remand prison for seven days while it considers appealing against the granting of bail.
The trio is represented by lawyer Mr Charles Chinyama of Chinyama and Partners while Mrs Phyllis Zvenyika prosecuted.
Minister Mutasa made an appearance at the courts in the company of his lawyer, Mr Gerald Mlotshwa.
Three others — Hammarskjold Banda, his wife Brendaly and Alfred Mwatiwamba — last Friday appeared in court on the same charges and are out of custody on US$100 bail.
Mliswa, who is the vice president of the Affirmative Action Group, is accused of misrepresenting to businessman Paul Westwood that President Mugabe and Youth, Indigenisation and Empowerment Minister Saviour Kasukuwere had given them the go-ahead to take over 50 percent of his company, Noshio Investments Limited.
Westwood held 50 percent of the company that is valued at US$2,1 million while one of the accused, Banda, owned the other half.
The State alleges that in October 2009, Westwood and Banda had a dispute over alleged misappropriation of funds by Banda’s wife, Brendaly, who was the company’s finance and human resources manager.
She had reportedly withdrawn US$25 000 without Westwood’s knowledge.
The company resolved to suspend Brendaly in October, a decision that did not go down well with Banda.
It is alleged the husband and wife connived with Martin Mutasa, Mliswa, Marere and Mwatiwamba to seize control of the company.
The State says in August 2009, Banda borrowed US$100 000 from Mliswa at 5 percent interest per month.
He, however, allegedly failed to repay the loan at the agreed rate.
Mliswa is said to have demanded that he surrender his Noshio shares to him to offset the debt.
On December 18, Mliswa, Martin Mutasa, Mwatiwamba, Brendaly and a Nigel Murambiwa allegedly went to Noshio Investments offices claiming Minister Kasukuwere had allowed them to take over the company.
Mliswa is alleged to have claimed President Mugabe was aware of the takeover and it was in line with Government policy.
The five allegedly told Westwood they had taken 50 percent of the company’s shares and threatened him with death if he resisted.
The State says Mliswa called a meeting with Noshio workers during which he informed them he had assumed control and warned them against taking orders from Westwood.
It is alleged that Mliswa further threatened Westwood, who stopped visiting the company premises after bouncers were hired to man the entrance.
As a result, the State alleges, Westwood lost shareholding worth US$1 050 000.
Labels: DIDYMUS MUTASA, MDC CORRUPTION, TEMBA MLISWA, THERESA MAKONE
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