Ex-director seeks to clear own image

Pazvakavambwa, who was blacklisted after being convicted of corruption is seeking to be removed the blacklist.
Mr Pazvakavambwa was convicted of corruption involving Z$296 000 in 1998.
He has taken the Financial Clearing Bu-reau to court seeking an order to declare his blacklisting illegal.
He also wants the court to order FCB trading as Porticullis (Pvt) Ltd expunge his name from its blacklist with immediate effect.
In an urgent chamber application filed at the High Court set to be heard by Justice Bharat Patel, Mr Pazvakavambwa submitted that he was employed by Nicoz and was charged in the criminal court, but both his conviction and sentence were upheld by the Supreme Court.
He submitted that his conviction was reported in The Herald of July 31 1998 and the FCB blacklisted him acting on the report.
Mr Pazvakavambwa represented by Donsa-Nkomo and Mutongi Legal Practitioners submitted that as a result of the blacklisting he cannot enjoy basic financial services such as opening a bank account or access credit facilities.
“I may also hasten to mention that after my conviction, I was sentenced and I effectively satisfied the term of the sentence,” he said.
Mr Pazvakavambwa was convicted of five counts of corruption and was slapped with a Z$30 000 fine or five years for infringing the provisions of the prevention of Corruption Act by a regional magistrate.
The charges arose after he made unlaw-ful donations while he was still employed by Nicoz as managing director.
He was also convicted of having corruptly sanctioned a loan to a co-operative in which he was a member and the transaction prejudiced Nicoz of Z$296 000.
Mr Pazvakavambwa averred that he had raised the issue with his former employer and categorically denied ever instigating the FCB to blacklist him.
“My lawyer wrote a letter demanding my de-listing and Respondent (FCB) refused to acknowledge receipt of the letter of demand,” he submitted.
The letter was served on the FCB’s lawyers – Atherstone and Cook, who also ignored the letter, he averred. Mr Pazvakavambwa submitted that several letters were written to various banks by the Nicoz board chairman and managing director but banks denied him their services on the basis of the blacklisting.
“I further submit that my continued blacklisting constitutes perpetual, disproportionate and unwarranted punishment whose ripple effects adversely affect my family.
“I am advised by my legal practitioner that there is no basis for my continued blacklisting since I was sentenced by a competent court and effectively discharged the terms of the sentence,” he said.
Further, Mr Pazvakavambwa submitted that the FCB’s continued blacklisting had deprived him of an opportunity to take part in the revival of the country’s economy since he cannot enjoy the basic financial services.
However, in an opposing affidavit, the FBC represented by its managing director Mr Andrew David Field denied prejudicing Mr Pazvakavambwa.
“There is no basis for the order sought to be granted,” Mr Field said.
He submitted that there was nothing illegal in what the FCB had done to record what was in the public domain.
“Respondent (FCB) is acting lawfully and in good faith in the knowledge that the collection of information published in the public domain and in the public record in courts of the country is lawful,” he said.
The FCB also denied blacklisting individuals, companies or its clients and stated that it was merely the custodian of records, which come to its knowledge that are published in the public domain.
“In applicant’s (Mr Pazvakavambwa) case as duly acknowledged in the Herald of July 31, 1998 came to our knowledge and was stored in its data base,” Mr Field submitted.