Online Reporter
Yeukai Karengezeka
Court Correspondent
THE trial of estate agents Clark Clever Makoni and Beverly Aisha Ndonda Makoni, accused of defrauding Dr Gideon Gono’s company, Galwex Investments, of ZW$137 million, resumed on Friday, with the company’s internal auditor presenting incriminating evidence against the couple.
Mrs Lindiwe Sabeka, Galwex’s internal auditor, continued her testimony, outlining a series of alleged fraudulent activities by the accused.
She revealed that during an audit conducted at Valley Lodge, the couple retaliated by filing a police report against her at Mutare Police Station.
“Clark used a CR14 form showing him and his wife as Valley Lodge directors to file charges of unlawful entry against me for conducting an audit at the lodge,” Mrs Sabeka told the court.
“However, inquiries with the Registrar of Companies confirmed that the company was still registered under the names Ayoob Omar and Mohamed Hussein Omar.”
Mrs Sabeka testified that the accused paid themselves salaries instead of earning commissions, in violation of Statutory Instrument 89 of 2016, which governs estate agents’ operations in Zimbabwe.
“When we audited Valley Lodge, the manager, Elizabeth Tachiona, provided us with a salary schedule showing that the accused were paying themselves between US$400 and US$1 700 monthly from January 2022 to September 2023,” she explained.
“These salaries were awarded without the consent of the principal.”
According to Mrs Sabeka, the couple misappropriated over ZW$137 million through unauthorised salary payments and bank transfers.
She outlined how the audit team used salary schedules and bank statements to calculate the figure, noting that the couple withdrew funds in both RTGS and USD.
“We quantified the RTGS amounts supported by bank statements, but the accused took more money than what is documented.”
“Before January 20, 2024, the accused, accompanied by their lawyers, approached Galwex Investments and wrote a handover document, which they signed, admitting their actions. Later, Clark signed a deed of settlement in which he proposed to repay US$50 000, witnessed by myself, Dr Gono and others.”
During cross-examination, defence lawyer Mr Admire Rubaya questioned Mrs Sabeka’s understanding of the law, particularly her interpretation of the statutory instrument governing estate agents.
She clarified that she had sought guidance from the Estate Agents Council of Zimbabwe to understand the regulation.
Mr Rubaya also asked whether the accused were given an opportunity to respond to the allegations during the audit.
Mrs Sabeka stated that they had invited the couple via email to discuss the matter, but they refused to engage.
Furthermore, the accused had obtained an interdict preventing the auditors from visiting their offices.
The State’s case traces back to October 30, 2009, when Costic Investments (Pvt) Ltd sold all shares in Lizack and Valley Lodge to Galwex Investments (Pvt) Ltd.
