ZIMASCO has written to the Judicial Services Commission (JSC) accusing High Court Judge, Justice Joel Mambara, of being an active participant in recent attempts to defraud it.
In the letter, dated March 21, ZIMASCO, through its Chief Executive Officer (CEO) John Musekiwa, notes that Mambara illegally granted a corporate rescue order on the chromite ore smelting company when they had not been served with the application.
The order in question was in favour of Kwekwe businessman Shepard Tundiya, who owns Avim Investments and sought to take over its operations and bank accounts with his partner Denny Marandure.
An initial one had failed to name ZIMASCO, hence the questionable correction that led to Musekiwa’s complaint.
Together with their lawyers, Valentine Kwande and Wilson Manase, the two are accused of having colluded with Mambara to “raid ZIMASCO accounts.”
“The Honourable Judge surely could not correct his own order in the absence of the affected parties,” reads Musekiwa’s letter.
“The acceptance of an application which did not provide for service, the consideration of that application in the absence of affected parties and the breath-taking speed with which this all took place (from filing of the order, allocation to Mambara, reading the papers, grant of the order and issue in three hours) is suggestive of judicial impropriety and that he was not just a passive, but active participant in the fraudulent scheme to defraud ZIMASCO (Private) Limited.
“There is only one possible explanation for the actions of the honourable judge and it is this; honourable Mambara is involved in the fraudulent plot to raid the bank accounts of ZIMASCO (Pvt) Ltd and take over control by fraudulent means in connivance with the two sets of lawyers and their client, hence the grant of two defective court orders.”
In related news, the company’s creditors’ meeting, which had been scheduled for March 26, was postponed by the High Court until a time it would have pronounced itself on the matter above.
An urgent application to the High Court is expected to be filed against Manase, who continues to present himself as the Corporate Rescue Practitioner for the mining entity despite the current impasse.
(Except for the headline, this story has not been edited by PostX News and is published from a syndicated feed.)
