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Court last week.
Mr Jealous Nderere, former chief executive of Harare Hospital, had been ordered out of his office without any dismissal.
He was ordered to return an Audi Q7 allocated to him by the company after he was accused of causing the arrest of company chairman Mr Fred Mutanda.
The High Court, last week, dismissed the pharamaceutical firm’s urgent application and ordered the restoration of Mr Nderere’s office with benefits.
Company lawyer Ms Linda Chipato of Linda Chipato Legal Practitioners wrote a letter to Mr Nderere accusing him of being the “chief architect” in the arrest of Mr Mutanda by the Anti-Corruption Commission.
Ms Chipato ordered Mr Nderere to surrender the vehicle and to vacate the office.
In a letter dated March 9, 2012, Ms Chipato said the shareholder believed Mr Nderere was planning a hostile takeover of Caps Holdings.
The company accused Mr Nderere of working against the shareholders’ interests by resisting the re-structuring exercise in which he was reassigned to be the chief executive officer of Caps manufacturing.
Justice November Mtshiya, after hearing a successful urgent chamber application by Mr Nderere’s lawyer Mr Tariro Machiridza of Manase and Manase law firm, ordered the immediate restoration of the vehicle and occupation of the office in question.
“Pending the return date, first, second and third respondents (Fredex Financial Services, FCM Investments and Caps Holdings) are hereby ordered to immediately and without delay restore possession to the applicant of his company vehicle and use of his office, which the Deputy Sheriff be and is hereby directed to effect restoration of possession to the applicant,” ruled Justice Mtshiya.
In the March 9 letter by Ms Chipato, the company labelled Mr Nderere a possible chief architect of the criminal allegations Mr Mutanda was facing.
“It has recently been brought to our clients’ attention that you are one of the complainants-cum-witnesses possibly one of the chief architects of the allegations made against the said chairman through the Zimbabwe Anti-Corruption Commission.
“We are instructed that these allegations have been made pursuant to your resistance to your consequent reassignment within the Caps Group after the de-listing and restructuring exercise that was being taken by the group.
“The said restructuring was duly authorised and passed in terms of a properly constituted shareholders’ extra-ordinary meeting of June 30 2011.
“Our clients have been informed that you are operating against the board’s decision of 11 November 2011 thereby making the board irrelevant as you seem to be accountable to the Zimbabwe Anti-Corruption Commission instead of the shareholders or their elected directors,” read part of the letter.
The letter stated that the Anti-Corruption Commission through its general manager investigations Ms Sukai Tongogara, confirmed that Mr Nderere was the State’s main witness in the fraud case.
“We are instructed to advise that, in light of this development, which our clients are of the belief is indicative of your deliberately acting against the shareholder interests in hampering the duly approved re-structuring exercise, which has not progressed further as from the time of the chairman’s arrest at your instance, without consulting the shareholders, nor seeking their approval in the course of the action undertaken; but instead consulting the Zimbabwe Anti-Corruption Commission as if they are your principal to effect a hostile takeover of the CAPS Group that:
“1— You hand over the motor vehicle in your possession that belongs to and was paid for by our clients.
“2— You vacate your offices forthwith upon receipt of this letter to enable our clients to implement the re-capitalisation of the group and other resolutions passed at the extra ordinary general meeting held on June 30 2011. . .”
In the court application Mr Nderere argued that the withdrawal of the vehicle and eviction from office was done without following the due legal process.
He denied ever causing the arrest of Mr Mutanda adding that the Anti-Corruption Commission gave him and other company officials up to 48 hours to depose of their affidavits concerning the case and they complied.
Mr Nderere denies being the “chief architect” in getting the arrest of the chairman.
“In the letter I received from Ms Chipato, I am falsely accused of being the chief architect in getting the two arrested and am said to be the complainant.
“There is no aorta of truth in these allegations, neither is there a shred of evidence whatsoever.
“The respondents simply made baseless and mischievous accusations,” he said.
Online Reporter