News / National
Mphoko vs Welshman Ncube in trust funds theft case
02 Jun 2023 at 01:42hrs | Views
THE case between former Vice President Phelekezela Mphoko and Citizens Coalition for Change (CCC) interim vice president, Professor Welshman Ncube, where the former is accusing the latter of theft of trust funds, has been granted a special two-day trial period next week.
The court will sit on Tuesday and Wednesday at the High Court of Zimbabwe in Bulawayo.
The case was permitted the trial period on 4 May this year.
According to court documents gleaned by this publication, former VP Mphoko is accusing the opposition leader of squandering part of the US$2,9 million he and his family received from Choppies Enterprises after they were bought out of the company.
In the matter filed at the Bulawayo High Court under HC 2906/19, the ex-VP Mphoko wants an order directing Prof Ncube to pay about US$1,5 million being outstanding balance of the money received from Choppies including a five percent interest calculated from January 16, 2019, to the date of full payment.
Prof Ncube of Mathonsi Ncube Law Chambers represented the Mphoko family before they ditched him for Mr Zibusiso Ncube of Ncube and Partners
The former VP through his incarcerated son Siqokoqela wrote a letter to the Law Society of Zimbabwe appealing to the regulatory body of lawyers in the country to compel Prof Ncube to produce bank statements from his law firm with reference to funds he received under a trust from Choppies Enterprises on their behalf.
In the letter dated 17 January 2023, Siqokoqela said Prof Ncube, by virtue of being an officer of the law, breached the trust of the attorney and client in violation of the ethics of the legal profession.
Siqokoqela said Prof Ncube confirmed to him that he received on his behalf, the full amount from Choppies Enterprises.
"Upon request, he (Prof Ncube) only paid me US$280 000 of my 25,5 percent shares from the amount transferred to Mathonsi Ncube Law Chambers trust account," he stated in his letter.
Siqokoqela said as per the agreement, Prof Ncube was supposed to get US$100 000 for his legal services.
"Despite demand, Welshman Ncube has failed, neglected, and refused to pay me. I have also taken this matter to the High Court in Bulawayo and the matter under case number HC2906/19 is awaiting trial," he said.
"I am appealing to the Law Society of Zimbabwe to compel Welshman Ncube to produce bank statements with reference to the funds under a trust from Choppies Enterprises on my behalf in terms of the laws of the country," Siqokoqela said at the time of receiving US$2, 9 million from Choppies Enterprises.
Prof Ncube was their family lawyer between January and February 2019 before their fallout.
"At all material times, I was a 25,5 percent shareholder in Nanavac Investments trading as Choppies Zimbabwe. The amount of money received by Ncube in trust involved a transaction where I was pressured to dispose of my shares in exchange for the withdrawal of fake criminal charges against me and my wife," said Mphoko.
The court will sit on Tuesday and Wednesday at the High Court of Zimbabwe in Bulawayo.
The case was permitted the trial period on 4 May this year.
According to court documents gleaned by this publication, former VP Mphoko is accusing the opposition leader of squandering part of the US$2,9 million he and his family received from Choppies Enterprises after they were bought out of the company.
In the matter filed at the Bulawayo High Court under HC 2906/19, the ex-VP Mphoko wants an order directing Prof Ncube to pay about US$1,5 million being outstanding balance of the money received from Choppies including a five percent interest calculated from January 16, 2019, to the date of full payment.
Prof Ncube of Mathonsi Ncube Law Chambers represented the Mphoko family before they ditched him for Mr Zibusiso Ncube of Ncube and Partners
The former VP through his incarcerated son Siqokoqela wrote a letter to the Law Society of Zimbabwe appealing to the regulatory body of lawyers in the country to compel Prof Ncube to produce bank statements from his law firm with reference to funds he received under a trust from Choppies Enterprises on their behalf.
In the letter dated 17 January 2023, Siqokoqela said Prof Ncube, by virtue of being an officer of the law, breached the trust of the attorney and client in violation of the ethics of the legal profession.
Siqokoqela said Prof Ncube confirmed to him that he received on his behalf, the full amount from Choppies Enterprises.
"Upon request, he (Prof Ncube) only paid me US$280 000 of my 25,5 percent shares from the amount transferred to Mathonsi Ncube Law Chambers trust account," he stated in his letter.
Siqokoqela said as per the agreement, Prof Ncube was supposed to get US$100 000 for his legal services.
"Despite demand, Welshman Ncube has failed, neglected, and refused to pay me. I have also taken this matter to the High Court in Bulawayo and the matter under case number HC2906/19 is awaiting trial," he said.
"I am appealing to the Law Society of Zimbabwe to compel Welshman Ncube to produce bank statements with reference to the funds under a trust from Choppies Enterprises on my behalf in terms of the laws of the country," Siqokoqela said at the time of receiving US$2, 9 million from Choppies Enterprises.
Prof Ncube was their family lawyer between January and February 2019 before their fallout.
"At all material times, I was a 25,5 percent shareholder in Nanavac Investments trading as Choppies Zimbabwe. The amount of money received by Ncube in trust involved a transaction where I was pressured to dispose of my shares in exchange for the withdrawal of fake criminal charges against me and my wife," said Mphoko.
Source - The Chronicle
