admina wrangle over control of the firm has spilled into the High Court.
In court papers filed by the firm’s lawyers, it was stated that the company’s founder Mr Kwanayi Kashangura was the one who caused the arrest of company’s acting chief executive Mr Simba Mangwende and a director Mr Farai Rwodzi on espionage charges.
This, it is stated, was a way of frustrating an audit report that implicated him.
The company, through its acting chief executive Mr Simba Mangwende, has filed an urgent chamber application to bar Mr Kashangura, who is “former” company chief executive from interfering with the operations before the total collapse of the firm.
Mr Kashangura, according to the application filed last week at the High Court, was responsible for the financial problems haunting the firm and should not be allowed near the business.
The papers show that Africom was in a desperate financial crisis owing creditors to the tune of US$20 million.
“I should mention that the company’s financial position is extremely precarious with creditors amounting to US$20 million.
“There are overdrafts that are not being properly serviced, service providers are on the verge of switching the applicant’s equipment off, which is tantamount to shutting the business altogether.
“There is a negative cash flow and a resultant cooling off in relationships with most of its bankers,” read the papers.
Mr Mangwende accuses Mr Kashangura of resisting to some board resolutions that were meant to turnaround the company’s fortunes for his personal reasons related to company ownership. Mr Kashangura, according to Mr Mangwende’s affidavit, was asked to step down in July this year, which he reportedly accepted.
This was done after the board realised that financial institutions were now reluctant to do business with Africom when he was still chief executive.
Mr Mangwende stated that Mr Kashangura had agreed to step down, to stop attending board meetings and therefore he no longer had the right to continue interfering with the firm’s business. Mr Mangwende suspected Mr Kashangura of breaking into his office when he was at the police and that he started interfering with operations at Africom.
In an opposing affidavit filed at the High Court by Mr Kashangura’s lawyer Mr Selby Hwacha, Mr Kashangura dismissed Mr Mangwende’s claims as false. He denied ever causing the arrest of Mr Mangwende and Mr Rwodzi saying the police arrested them after their investigations implicated them.
Mr Kashangura also dismissed as false the allegations that he broke into Mr Mangwende’s office.
“I deny breaking into ‘Mr Mangwende’s’ office or any other office. I find it difficult to understand how or why it is alleged that I caused the arrest of Mr Mangwende as if to say
I installed the alleged offending gadget in their names.
“In their wisdom, the police arrested Mr Mangwende and Mr Rwodzi. The police asked me to give a statement, which I did,” he said.
Mr Kashangura denied ever stepping down from the position of chief executive saying he was actually the substantive chief executive. He also challenged Mr Mangwende’s legal standing in representing Africom.
“Firstly and among other things, this Honourable Court will observe that there was no resolution authorising Mr Mangwende to bring this application,” he said.
He said Mr Mangwende was trying to grab the company that Mr Kashangura founded.
Peter Tanyanyiwa
Online Reporter