Dynamos FC ownership wrangle trial date set

HARARE regional magistrate Mrs Barbra Mateko yesterday set February 22 as the trial date for Dynamos board chairman, Bernard Marriott Lusengo, on allegations of defrauding the football club, and the private company under which it falls, of a 51 percent shareholding.

This was after Mrs Mateko dismissed his application for further particulars, saying the State had furnished him with enough documents to prepare for his trial.

Marriot had applied for further particulars after the court dismissed his application for exception to the fraud charges he is facing.

Mr Tapuwanashe Zvidzai, appearing for the State, had opposed Marriot's application, saying they had given him all the papers that he needed to prepare for the trial.

The State alleges that sometime in 2008, Dynamos FC articles of association were replaced through a special resolution.

It is said that the net effect of the articles of association was to allocate some shares to people who were active members of the club during its formative period in 1963 to 1968 and it was in accordance with the recommendations of the Sports and Recreation Commission.

The court heard that the articles of association were adopted through Article 6 to 19, and a three-member committee was set up to look into the issue of allocation, payment, distribution and issuing of share certificates.

Robson Rundaba, who is representing Dynamos in the matter, Marriot and Casper Muzenda were members of the committee, according to the State.

However, the committee never convened to deliberate on the task and to that effect, the allocation of shares and issuance of certificates was not done.

The State alleges that sometime in February 2014, Rundaba reported a case against Marechera, who was then the club treasurer.

Rundaba did so in his capacity as director of finance, and the board was not happy with the decision to report the fraud case.

Pursuant to that, they called for a meeting in Rundaba's absence and resolved to replace him with Owen Chandamale, who is now deceased, as the new director of finance.

On April 21, 2014, the Dynamos board resolved that Rundaba should withdraw the matter from court.

The matter was withdrawn on August 18, 2014.

Rundaba was not happy with that decision and walked out, and never involved himself in Dynamos issues, although he never resigned as a director at Dynamos (Pvt) Ltd.

The State alleges that sometime in 2019, Rundaba received a call from a man only identified as Chitambo of Sakunda Holdings, advising him that Marriot had approached the company seeking sponsorship for Dynamos FC and he was claiming to be the sole owner of the club.

A meeting was convened where it was revealed that Marriot had now changed his earlier claims and was now saying he owned 51 percent of the company shares.

Investigations revealed Marriot had allegedly manipulated the distribution of shares and awarded himself a 51 percent shareholding without the knowledge or approval of Rundaba and others.