Online Reporter
Yeukai Karengezeka-Chisepo
Court Correspondent
TWO miners allegedly pulled off a sensational fraudulent hostile takeover of a mining firm which has left the company counting losses estimated at about US$30 million.
John Farley Pietersen (66) and Peter Mark Johnstone (58) appeared before Harare magistrate, Jesse Kufa, yesterday facing fraud charges.
The pair were granted US$500 bail each and will be back in court on Wednesday next week.
The complainant is DGL Finance Limited, a Mauritius-based company that holds controlling interest in All Aflame Marketing (Pvt) Ltd, which owns the Royal Family mining claims in Filabusi.
The company is being represented by executive director, David Peter Easterbrook, together with Allan Brent Dolan — both of whom were allegedly removed as directors in the disputed takeover.
The State alleges the drama started in High Court case HC 5655/25, where Pietersen and Johnstone were applicants and All Aflame Marketing was cited as a respondent.
Prosecutors say the pair deliberately served court papers at the wrong address in Bulawayo — 105 Plumtree Road — despite knowing the company had relocated to Wolverhampton Road, Donnington.
The court heard that the Sheriff later confirmed the company no longer operated from Plumtree Road.
But, despite this, the accused allegedly told the High Court that service had been properly effected.
The State further alleges the pair knew the correct address, having previously served papers at the Wolverhampton Road premises in another case.
That meant the case went unopposed — and a default judgment was granted in their favour.
From there, prosecutors say Pietersen and Johnstone allegedly secured a 57,45 percent stake in All Aflame Marketing, effectively taking control of the company.
In a second twist, the pair allegedly went to the Registrar of Companies armed with the High Court order dated February 5, this year.
They are accused of falsely claiming that directors Easterbrook and Dolan had resigned on May 13, clearing the way for them to take over as directors.
But prosecutors say the court order made no mention of any resignations or removals.
The Registrar allegedly acted on the submissions and updated company records, installing the accused as directors and removing the existing leadership.
The State insists the two men knowingly submitted false information to take control of the company and its lucrative mining assets.
The fallout has left DGL Finance Limited and its partners counting losses estimated at a staggering US$30 million.
