Online Reporter
Arron Nyamayaro and Prosper Dembedza
A MAZARURA Bus Company secretary allegedly removed a director from a long-established family transport business, and facilitated the appointment of new directors, who went on to take control of the company.
Tsamwisai Richard Chitombo is now facing fraud allegations, involving about US$2,544,000, and appeared before Harare regional magistrate, Jesse Kufa, who granted him US$300 bail.
She is also being accused of failing to account for the money she allegedly received as rentals from company properties from 2018 to date.
It is the State’s case that Mazarura Bus Service and Stores was incorporated in 1986, under the Companies Act.
The late Killian “Jojo” Mazarura, as the majority shareholder, held 10,000 shares.
He died in 2018.
Shingirai Mazarura and Chris John Mazarura each held one share.
Chitombo became the company secretary in 2003.
The court heard that the company operated bus services along the Harare-Nyamapanda route and amassed substantial assets over the years.
These assets included more than 100 buses, commercial properties in Mutoko, Murehwa, Suwe, Kotwa, Nyamapanda, Makaha and Harare, as well as several heavy-duty trucks and luxury vehicles.
Chris told the court that he was the only surviving director of Mazarura Bus Services.
He said he left for South Africa shortly after his father’s death, to wind up some business there.
And, on his return home in November last year, he discovered that he had been removed as a director of the company, without his knowledge or consent, and that shares due to him had not been issued.
The State further alleges that the accused unlawfully appointed Trevor Mazarura and Charles Mazarura as directors in 2018, without following the required corporate procedures and fraudulently allocated shares to them.
“The complainant further noticed that the accused person had fraudulently appointed Trevor Mazarura and Charles Mazarura as directors of the Mazarura Bus Service and Stores (Pvt) Ltd in 2018 without following proper procedures and fraudulently issued them with some shares.
“Trevor and Charles assumed control of the company, without the complainant’s knowledge, and started collecting rentals from properties registered under Mazarura Bus Services and Stores (Pvt) Ltd, from the year 2018 up to date.
Chris claims Chitombo started collecting rentals shortly after his late father died.
Mazarura told the rentals from company properties brought in an estimated US$318,000 annually which, over about eight years, amounts to about US$2,544,000.
He said that in February 2018, he travelled to South Africa to wind up another business he was running. He said Chitombo received rental income from properties in Mutoko, Makaha, Kotwa, Suswe, Nyamapanda and Harare, including shops and garages.
He said since 2018, he has repeatedly tried to engage Chitombo to resolve the issue but those efforts have been unsuccessful.
Prosecutors claim Chitombo allegedly fraudulently disposed of a Marondera company property and sold several vehicles and buses and kept the proceeds.
Among the properties, which Mazarura claims Chitombo sold, was a Volvo FL6 truck (registration AAD 3952), a Mercedes Benz ML320, and 12 buses, with a total value of US$3,544,000, and nothing has been recovered.
