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 ZWL$137 million, concluded on Friday with incriminating evidence presented by the Zimbabwe Anti-Corruption Commission (ZACC) investigating officer, Mr Eric Chacha.
Led by prosecutor Ms Heather Muokoto, Mr Chacha detailed how he uncovered a web of fraudulent activities by the accused.
The investigation began with a request to the Registrar of Companies for the CR14 of Valley Lodge, a property owned by Galwex Investments.
Mr Chacha confirmed that Valley Lodge, initially owned by Ayoob and Mohamed Omar, had been lawfully acquired by Galwex, a company under the directorship of Dr Gono and his son.
However, subsequent investigations revealed fraudulent alterations to official documents.
Mr Chacha testified that a review of documents from ZB Bank in Mutare showed that in October 2023, the accused unlawfully altered the signatories on Valley Lodge’s bank account without the knowledge or consent of Dr Gono.
The alterations were supported by forged CR14 documents, which falsely listed Clark Makoni as the directors of Valley Lodge.
Further inquiries at the Estate Agents Council of Zimbabwe revealed that the accused violated operational norms.
Estate agents are typically remunerated through commissions deducted from rental payments, not fixed salaries, contrary to the accused conduct.
The investigation also uncovered that Clark Makoni had filed a series of legal cases to legitimise his fraudulent claims.
He lodged an unlawful entry case against George Mashonganyika and Lindiwe Sabeka at Mutare Police Station, armed with the falsified CR14.
Additionally, he sought a spoliation order at the Mutare High Court under case HC 1181/2023, claiming to be the rightful owner and occupier of Valley Lodge.
Mr Chacha revealed that a deed of settlement signed by the accused confirmed Clark had admitted to stealing the property.
Evidence gathered also implicated Beverly Makoni, who falsely presented herself as the finance director of Valley Lodge and participated in the fraudulent alteration of bank signatories.
Defence lawyer Mr Admire Rubaya pushed back against the State’s evidence, arguing that some documents lacked official court stamps and were inadmissible.
He also questioned why no CCTV footage or handwriting analysis was used during the investigation.
In response, Mr Chacha explained that banking procedures required individuals to present themselves in person for such transactions, eliminating the need for additional verification methods.
In his closing remarks, Mr Chacha, an auditor and accountant by profession, emphasised that banks do not deal with third parties when altering company accounts, further supporting the claim that the accused acted fraudulently.
The trial magistrate Mr Stanford Mambanje, is expected to deliver his judgment on July 28.
Meanwhile, the defence is preparing to file for discharge at the close of the State’s case on July 22.
