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Eddie Chikamhi Senior Sports Reporter
DYNAMOS Football Club board chairman Bernard Marriot says he is open to the offer by the club’s principal sponsors Sakunda Holdings to engage in professional mediation in the protracted dispute for the control of the institution with a faction led by former players.
Marriot’s sentiments come just a few days after leader of the former players, Ernest Kamba, had shown apathy to the idea.
The mediation was suggested by Sakunda Holdings in their quest to see order at this club, in which they sink close to US$1m annually in sponsorship for three years, beginning 2021.
The energy giants last week wrote to the main protagonists in the ownership row via their lawyers Chimuka Mafunga Commercial Attorneys.
And yesterday Marriot responded to the invitation through his legal advisors. Harare lawyer Herbert Mutasa said Marriot has resolved to embrace the proposals from Sakunda Holdings and has put it in writing to the sponsors’ lawyers.
“Regarding the contents of your letter dated 24 June, 2022, we are instructed to advise you that in principle, our client embraces your suggestion to refer the dispute for arbitration.
“The nitty-gritties and parameters for such arbitration should be availed once we have ascertained the other party’s attitude,” reads the letter.
However, the other party in the long-standing ownership and shareholder wrangles has not committed themselves.
Sakunda Holding have genuine fears that they cannot be putting their money where ownership and control of the club are in contention and have sought to bring the warring parties to the table in the hope of resolving the issues “amicably”.
“Of course, I received that letter which spoke about issues to do with Dynamos ownership and shareholding,” Kamba told The Herald this week.
“Unfortunately, we are not going to do anything about that (letter) because the Dynamos constitution is very clear on the shareholding.
“There is also the Justice Malaba Judgement of 2006 which pointed us back to the 1963 constitution. The constitution spells out clearly who owns Dynamos and the shareholding structure is explained in unambiguous terms.”
Kamba was elected chairman of a 10-member board of trustees that also has Sunday Chidzambwa, Eric Aisam, Cremio Mapfumo, David George, Moses Chunga, Clayton Munemo, Labani Kandi, Makwinji Soma-Phiri and Gina Kapfunde.
The group of players have challenged Marriot’s claim of 51 percent share ownership in Dynamos. The former players also claim that Dynamos was being run outside the provisions of its constitution.
They reckon that order should return to the club by reverting to the Justice Malaba Supreme Court judgement of 2006, which ruled that the club should be run in accordance with the founding constitution of 1963.
However, Marriot has long held that Dynamos ceased to be a community club via a resolution passed during the 1998 AGM.
According to Marriot, things changed in 1999 when the original founding fathers, concluding him, registered a private company which now controls the club.
And, as the sole surviving member of the Glamour Boys founders, Marriot has been chairman of the company’s board for the past few years. DeMbare sponsors Sakunda Holdings, in their efforts to see peace prevailing and also getting a good return on their investment, have proposed professional mediation to assist the warring factions so that permanent solutions are found and allow the club to attract more partners.
Chimuka Mafunga Commercial Attorneys wrote to the factions urging them to amicably resolve the shareholder and management disputes, as a matter of urgency.
“We refer to the above matter in which we act for and on behalf of the club Sponsors. We confirm that several meetings were held by the Sponsors’ representatives and the club’s warring camps from around September 2021 to June 2022 whereat the Sponsors sought to help resolve the current impasse involving the shareholding of the club.
“That notwithstanding, it appears that the historical issues have not yet been resolved. The Sponsors take the view that the quick and final resolution of the shareholder disputes is crucial to the smooth running of the club for the benefit of the shareholders, management, fans and the entire constituency of stakeholders,” wrote Norman Chimuka.
“Considering the current situation, we are instructed to propose that a mediation process be conducted involving all the parties in dispute to allow for a resolution of the historical issues. “The mediation process will be conducted without prejudice to any rights that each of the parties have and will have no effect on any past or present legal proceedings involving the parties. The parties can consult their professional advisors for guidance and representation in the whole process.
“Should the parties be amenable to the above proposal, we propose that the mediation be conducted by Advocate T. Magwaliba of Advocates Chambers and any Retired Judge(s) appointed by any of the following arbitral institutions in Zimbabwe:
- Africa Institute of Mediation and Arbitration (AIMA), or;
- Alternative Dispute Solutions Centre (ADSC), or;
- Harare Commercial Arbitration Centre.
“We advise that the Sponsors take a serious view to the resolution of the impasse as it affects any future sponsorship deals. May we hear from you regarding the above proposal at your earliest convenience. We now await to hearing from you.”
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