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Senior Court Reporter
DYNAMOS board of trustees chairman, Benard Marriot, yesterday indicated that he wants to file for an exception to fraud charges where he is accused of fraudulently attempting to take ownership of the club.
Marriot, through his lawyer Mr Tawanda Zhuwarara, told Harare magistrate Mrs Barbra Mateko that he intends to file an application for exception to the fraud charges when he returns to court on March 11.
His trial was supposed to kick-off yesterday before it was deferred to allow him to prepare the application.
Marriot is charged with fraud after he allegedly employed illegal means to acquire 51 percent of the club’s shareholding.
Dynamos FC (Pvt) Limited, represented by Ronson Rundaba, is the complainant in the matter.
The State led by Mr Tapiwanashe Zvidzai alleges that sometime in 2008, Dynamos FC articles of association were replaced through a special resolution.
The net effect of the articles of association was to allocate some shares to people who were active members of the club during its formative period in 1963 to 1968.
It is said that this was in accordance with the recommendations of the Sports and Recreation Commission.
The court heard the Articles of Association were adopted through Article 6 to 19 and a three-member committee was set up to look into the issue of allocation, payment, distribution, and issuing of share certificates.
Rundaba, Marriot and Casper Muzenda were members of the committee, according to the State.
However, the said committee never convened to deliberate on the allocated task and to that effect, the allocation of shares and issuance of certificates was not done.
Mr Zvidzai alleges that sometime in February 2014, Rundaba reported a case against Webster Marechera who was then the club treasurer.
Rundaba did so in his capacity as director of finance and the board was not happy with the decision to report the fraud case.
Pursuant to that they called for a meeting in his absence and resolved to replace him with Owen Chandamale, who is now deceased, as the new director of finance.
On April 21, 2014, the Dynamos board resolved that Rundaba withdrew the matter from the court and he complied with the resolution on August 18 2014.
However, Rundaba was not happy with that decision and he just walked out and never involved himself in Dynamos issues, although he never resigned as a director at Dynamos Private Ltd.
The State alleges that sometime in 2019, Rundaba received a call from Sakunda Holdings chief operations officer Mberikwazvo Chitambo advising him that Marriot had approached their company seeking sponsorship for Dynamos FC and that he was claiming to be the sole owner of the club.
Rundaba allegedly convened a meeting with Chitambo in the company of Simon Sachiti and one Nyamandwe.
It was alleged that during the meeting Chitambo hinted that Marriot had changed his earlier claims saying he owned 51 percent of the company shares.
Marriot claims to Sakunda Holdings prompted Rundaba to make a report to the police who conducted investigations on the matter. Investigations revealed that Marriot had manipulated the process of shares and distribution and awarded himself 51 percent shareholding without the knowledge or approval of Rundaba. The State alleges Marriot’s actions caused a potential prejudice of 51 percent shares to Dynamos.
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