HARARE
–
Zimasco
(Pvt)
Ltd
has
written
to
the
Law
Society
of
Zimbabwe
(LSZ)
and
the
Judicial
Services
Commission
(JSC)
complaining
about
the
conduct
of
Harare
lawyers
Wilson
Manase
and
Valentine
Kwande
as
well
as
High
Court
judge
Joel
Mambara
for
allegedly
aiding
an
unlawful
bid
to
take
over
the
company
by
businessman
Shepherd
Tundiya’s
Avim
Investments.
In
a
letter
dated
March
26,
Zimasco,
through
its
CEO,
John
Musekiwa,
said
there
were
several
instances
of
unethical
conduct
by
the
court
officials,
something
which
brought
the
legal
system
into
disrepute.
This
following
a
recent
order
by
the
High
Court
granting
Avim
lnvestments
the
right
to
take
over
the
prominent
mining
and
chromite
ore
smelting
company.
The
order
was
issued
by
Justice
Mambara
but
there
were
claims
the
ruling
was
not
directed
at
Zimasco
but
a
completely
unrelated
and
non-registered
entity,
Sinosteel
Zimasco,
as
confirmed
by
a
company
registry
search.
Zimasco
complained
that
despite
the
discrepancy,
mentioned
above,
Tundiya,
in
collaboration
with
Manase
and
businessman
Denny
Marandure,
allegedly
attempted
to
gain
control
of
Zimasco’s
bank
accounts
at
Ecobank
by
instructing
the
bank
to
alter
the
account
signatories
in
their
favour
on
March
17,
2025.
The
bank
however
declined
to
comply,
asserting
that
the
court
order
did
not
pertain
to
Zimasco.
In
addition,
the
order
had
not
been
served
on
Zimasco
but
was
instead
presented
directly
to
the
bank.
Following
the
failed
attempt
at
the
bank,
the
individuals
visited
Zimasco
head
office,
claiming
authority
to
take
over
the
company’s
management
under
the
purported
court
order.
According
to
Zimasco
management,
the
order
was
against
Sinosteel
Zimasco,
not
their
company.
Avim
Investments,
then
sought
assistance
of
Kwande,
a
lawyer
from
Kwande
Legal
Practitioners
who
filed
an
application
to
“correct”
the
court
order,
to
show
that
Sinosteel
Zimasco
(Pvt)
Ltd
was
operating
as
Zimasco.
This
application
was
heard
by
Justice
Mambara,
who
granted
the
order.
The
company
said
it
was
never
notified,
even
though
it
was
an
affected
party.
Zimasco
and
Ecobank
were
also
served.
Armed
with
the
modified
court
order,
Manase
and
his
associates
renewed
their
attempt
to
gain
control
of
Zimasco’s
accounts.
Ecobank
refused
to
comply,
maintaining
that
the
corporate
rescue
order
applied
to
Sinosteel
Zimasco
and
not
Zimasco
Pvt
Ltd.
The
standoff
resulted
in
the
company
filing
an
urgent
chamber
application
to
stop
the
takeover.
Zimasco
also
lodged
formal
complaints
with
Mambara
and
the
two
lawyers
for
alleged
unethical
conduct.
In
the
letter,
Zimasco
said
that
in
terms
of
the
rules
of
court,
an
application
to
correct
an
order
can
only
be
made
as
a
court
application
and
that
it
must
be
made
on
notice
to
all
affected
parties.
“Further,
a
look
at
the
order
sought
in
this
hastily
prepared
application
shows
that
it
is
not
an
application
to
correct
an
order
but
an
application
to
introduce
a
new
party
who
was
not
part
of
the
previous
order.
“No
attempt
was
made
to
serve
this
new
party
which
in
the
context
of
this
matter
is
obviously
an
attempt
to
defraud
us
and
ensure
that
we
do
not
have
the
chance
to
oppose
the
patently
defective
process.
“Regardless
of
such
non-service,
the
application
was
referred
to
Mambara
who
had
granted
the
first
defective
order
at
the
insistence
of
the
lawyer
Valentine
Kwande.
It
was
considered
by
the
Honourable
Judge,
and
granted
by
17.19
PM
on
the
same
day
it
was
filed,
barely
three
hours
post
filing,”
Musekiwa
said.
Zimasco
said
the
speed
was
astounding
because
“this
chamber
application
was
filed,
allocated,
read
and
considered
by
the
judge,
granted
by
him
and
an
order
issued
in
three
hours
and
yet
an
urgent
chamber
application
which
we
filed
to
stay
the
first
order
on
the
20th
March
2025
(we
did
not
know
of
this
second
application
or
order
at
this
stage)
has
only
been
set
down
for
the
24th
March
2025.”
The
company
said
the
ordinary
chamber
application
was
more
effectively
and
expeditiously
dealt
with
even
than
any
urgent
chamber
application
could
be
and
yet
it
was
not
even
an
urgent
application.
“For
these
and
other
anomalies,
we
have
filed
a
complaint
against
the
judge
and
are
preparing
a
criminal
complaint
against
all
parties
concerned
including
the
lawyers,
their
client
and
judge.
“Armed
with
the
‘corrected’
order,
Mr.
Manase
again
attempted
a
raid
on
Ecobank
who
again
refused
to
give
him
access
to
the
accounts
as
this
second
order
was
even
more
defective
and
meaningless
than
the
first.
“The
actions
of
the
lawyers
are
deplorable,
criminal,
and
dishonourable.
They
are
unethical
and
bring
the
entire
justice
delivery
system
into
disrepute.
In
fact,
our
principal
shareholder
is
a
Chinese
company
who
has
raised
a
diplomatic
complaint
over
the
actions
in
question,”
said
Musekiwa.
The
company
wants
the
LSZ
to
investigate
the
case.