‘Mlotshwa improperly sold cattle to Mliswa’

of businessman Mliswa who is facing charges of contempt of court and stock theft.
Mr Mpofu, who was the then headmaster, was the first to testify.
He said no decision was to be implemented without the knowledge of the board of governors and board of trustees of the school.
Mr Mpofu said in 2007, the school ran out of operational funds and approached Mr Mlotshwa who was then supposed to inform the board, which was responsible for sourcing funds.
“After some numerous visits to his office inquiring about the funds, which were to cater for salaries and school trips, Mr Mlotshwa told me that he had managed to get some funds and I never queried where he got the money from,” he said.
“He told me he had already paid for the bus which was supposed to ferry pupils to Kadoma for inter-schools competitions. Mr Mlotshwa then instructed me to go to Saltlakes offices to confirm if the transfer had been made, which I did but without knowing what the transfer was for.”
Mr Mpofu said Mliswa later came to his office and told him that he wanted to take 56 head of cattle from the school to his farm, arguing that he had bought them through Mr Mlotshwa.
“I told him I was not aware and needed to confirm with the board members and to my surprise one of the board members, John Pipers told me there was no board resolution to that effect and ordered me not to release the cattle,” he said.
“I later resigned sometime in June 2007 and left the school on December 31 and the cattle were still there at the school.”
Mliswa’s lawyer Mr Charles Chinyama produced documents which confirmed that Mr Mlotshwa had sold the cattle to Mliswa.
He produced a letter signed by Mr Mlotshwa authorising the responsible authorities to release the cattle.
Mr Chinyama also produced a memo written by Mr Mlotshwa to the bursar informing her that Mliswa had indeed purchased the cattle and a letter signed by the bursar confirming the payment was made.
Also produced were minutes of a meeting, which had been held with the parents asking why Mr Mlotshwa had sold the cattle without their consent and an animal movement permit issued to Mliswa by the police.
But Mr Mpofu told the court it was his first time to see the documents.
Mr Chinyama asked Mr Mpofu if there was anything wrong with Mliswa driving the cattle away if the school chairman and the bursar confirmed that he indeed paid for them.
Mr Mpofu said if the documents were original, Mr Mlotshwa had erred by selling the cattle to Mliswa without a board resolution.
Mr Chinyama told the court that it was not proper for Mr Mlotshwa to make a police report against Mliswa considering that he was the one who confirmed payment.
The second witness Mr Moses Buranda told the court that the bursar advised him as the chairperson of the parent’s assembly that Mr Mlotshwa had sold 56 head of cattle to Mliswa.
He said a meeting was held and the parents were against the selling of the cattle.
“It was resolved that Mr Mlotshwa takes back the money to the buyer, whether he took back the money or not I do know,” said Mr Buranda.
“I, however, blame Mliswa for taking the cattle even after the High Court issued an order barring him from taking them. Both of them have a case to answer.”
Magistrate Ms Esthere Chivasa deferred the matter to February 3 when Mr Chinyama is expected to continue cross-examining Mr Buranda.
It is alleged that sometime in 2007, Rydings Farm in Karoi was gazetted to Gerald Mlotshwa under the land redistribution.
Mlotshwa was the chairman of Board of Governors at the school.
In order to protect the school that is on the farm, the board of trustees made an application at the High Court to spare the school.
A provisional order was granted on October 5, 2007 and Mliswa was among the respondents who were not to interfere with the administration, assets and programmes of the school.
In January 2008, Mliswa allegedly sent his employees to drive 56 cattle, which were part of the school property.
On the other charge, the complainant is Rydings School of Chiedza Farm in Karoi.
In March 2007, Rydings School had financial problems.