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Grace Chingoma
Senior Sports Reporter
THE trial of Dynamos board chairman, Bernard Marriott, has now been set for next week at the Harare Magistrates Court.
The Glamour Boys boss appeared in court yesterday where prosecutor, Tapiwanashe Zvidzai, served the defence with additional State papers.
The statements are from David Phiri, a Dynamos Pvt Ltd shareholder, who was never called for meetings by the accused.
There is also a report compiled by Charles Kathemba, who was the company secretary for ZB Bank, who will give testimony as to how shares were allotted in the company.
Minutes of the decision by the Sports Commission to hand over the club to its listed shareholders, many of whom are now deceased, with the exception of two who were allegedly chosen by Marriot to be directors of the company, were also served. Many of those, who are late, were represented in court by their families.
Both the State and the defence agreed to defer the matter to next Wednesday and Thursday, for trial.
However, Zvidzai gave notice to the defence he will make an application for Herbert Mutasa of Gill Godlton & Gerrans to recuse himself, because he is allegedly conflicted.
The prosecutor said Mutasa was also the Dynamos (Pvt) Ltd lawyer and cannot represent Marriot in his personal affairs.
Zvidzai said there wasn’t any resolution from Dynamos (Pvt) Ltd for him to represent Marriot.
The State is also questioning the legality of a meeting of board of directors, which was held in the absence of board member, Robson Rundaba.
The meeting was attended by club patron Webster Shamu, secretary-general Webster Marechera and chairman Isaiah Mupfurutsa, who are not directors, in terms of the articles of association of Dynamos (Pvt) Ltd.
The State 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 committee never convened, to deliberate on the task and to that effect, the allocation of shares and issuance of certificates, was not done.
The State alleges that sometime in February 2014, Rundaba reported a case against 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 at Rundaba’s 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 should withdraw the matter from court, and he complied, on August 18 2014.
However, Rundaba was not happy with that decision and walked out, and never involved himself in Dynamos issues, although he never resigned as a director at Dynamos (Pvt) Ltd.
The State alleges that sometime in 2019, Rundaba received a call from an official of accompany advising him Marriot had approached them seeking sponsorship for the Glamour Boys, and he was claiming to be the sole owner of the club.
A meeting was convened where it was revealed Marriot had now changed his earlier claims and was now saying he owned 51 percent of the company shares.
Investigations revealed Marriot had allegedly manipulated the distribution of shares and awarded himself a 51 percent shareholding, without the knowledge or approval of Rundaba and others.
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