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Dynamos relocates to BF, Chiwenga angry about it

by Staff reporter
03 Jul 2023 at 20:42hrs | Views
GOVERNMENT has decried Harare City Council's failure and ineptitude that has seen them failing to maintain football stadia, particularly the ceremonial home of Zimbabwean football-Rufaro Stadium, resulting in the country's most successful football club Dynamos relocating to Bulawayo.

Dynamos prefers Rufaro Stadium for its home matches- a stadium in which they have recorded record-breaking success since their formation in 1963. In cases where Rufaro is not available, the club has over the years opted for either the National Sports Stadium across town or Gwanzura Stadium.

However, this time they have been forced to take an unprecedented move and relocate their home matches more than 400km away from their favourite hunting ground after Harare City Council reneged on several promises to get the stadium ready to host top-flight football.

Most of these broken timelines and promises to get the stadium ready were made by the Harare Mayor himself, Mr Jacob Mafume.

Addressing thousands of ruling party supporters who thronged Mbare Netball Complex open space in Harare yesterday, Vice President Chiwenga said the electorate must rescue itself from the inefficient Harare City Council by voting for President Mnangagwa and ruling Zanu PF council and parliamentary candidates in harmonized elections slated for August 3.

"Speaking of football, some of you are ardent sports lovers, now you are forced to travel all the way to Babourfields Stadium in Bulawayo to watch your team-Dynamos," said the VP amid applause from the approving crowd.

"This is a result of the Council which has failed to maintain and service Rufaro Stadium. This disheartens us a lot in Zanu PF because as the Government we encourage sports and leisure.

"People would have spent their days, hard at work, sometimes they have a lot on their minds troubling them, they need to watch football to recreate and relax," said the VP.

In the absence of Rufaro, Dynamos and the rest of other top-flight Harare teams including Caps United Yadah FC, Black Rhinos, Herentals and Cranborne Bullets had been crammed into the National Sports Stadium for home matches at the beginning of the Castle Lager Premier Soccer League season.

However, the turf at the giant stadium just couldn't cope with incessant use leading to its failure to meet homologation standards as set by the football governing body-the Zimbabwe Football Association (ZIFA).

Under the Second Republic, Sport is a key development agent as Government looks at pulling all stops to promote youths and their respective areas of excellence.

Premier Logistics (Pty) Ltd., appointed MSM Brothers Group (Pty) Ltd. to uplift a consignment comprising of 32.800 kg coking coal from their premises situate 48B Morris Road, Meyerton and deliver it to the premises of ArcelorMittal South Africa Limited situate 3837 Mad Street, Newcastle. The load was in turn sub-contracted by MSM Brothers (Pty) Ltd., to Road Riders Logistics (Pty) Ltd.

Please note that the subject consignment coking coal originated from Zimbabwe and had been uplifted into the Republic by another company not linked to Road Riders Logistics (Pty) Ltd whose mechanical horse registration no. is HY53DDGP according to the border documents which were given to the Road Riders Logistics (Pty) Ltd driver as proof of the source of origin for the product.

On 30 January 2023 Road Riders Logistics (Pty) Ltd mechanical horse registration no. JW71VLGP, which was hauling tipper trailer registration numbers. JZ70BHGP and JZ69ZYGP, attended at the premises of Premier Logistics (Pty) Ltd., situate Meyerton, South Africa, when the subject consignment was loaded into the trailers for delivery to final destination.

With the consignment loaded into the trailers the driver, Barnabas Bright Mugocha (ID no. 47-156036-K-47 – Zimbabwean), departed from Meyerton en route to Newcastle. The journey went without incident until approximately 06.20 hours on 31 January 2023, whilst travelling on the R54 in the vicinity of Vaal Marina. At this stage the driver reportedly hit a pothole in the road, when he lost control of the combination and it overturned spilling the load therefrom.

With the coking coal spilling from the trailers it was contaminated and therefore no longer fit for use by ArcelorMittal South Africa Limited. With the coking coal being contaminated, it did not retain any value.

Whilst Premier Logistics Solutions lodged a claim with MSM Brothers Group (Pty) Ltd., in the amount of R 317.343,34 and MSM Brothers Group (Pty) Ltd., lodged a claim with Road Riders Logistics (Pty) Ltd., in the amount of R 364.929,34 (including VAT), Road Riders Logistics (Pty) Ltd and MSM Brothers Group (Pty) Ltd reached an agreement that MSM Brothers Group (Pty) Ltd cannot claim R 364.929,34 (including VAT) because their invoice included unearned transport fees which are deemed to be a trade risk. MSM Brothers Group (Pty) Ltd concurred with the line of reasoning and agreed to limit the claim to possible legal liability for loss and damages caused to the the load entrusted to Road Riders Logistics (Pty) Ltd during delivery.

Premier Logistics Solutions withheld a payment amount of R 317.343,34 which was due to MSM Brothers Group (Pty) Ltd., and never paid it back because that was it's claim amount. However, Senate Transit Underwriters (Pty) Ltd, settled R 238.937,85 which was on an ArcelorMittal South Africa Limited invoice supplied with documents proving the origin of the coking coal.

In settling at R 238.937,85, there was a short fall of R 78,405.49 which MSM Brothers (Pty) Ltd. is now claiming from Road Riders Logistics (Pty) Ltd as Premier Logistics (Pty) Ltd. had already withheld R 317.343,34 from their invoices.

Issue for determination

The extent of Premier Logistics (Pty) Ltd's contractual damages (if any) as a consequence of the accident.

We want to know if;

i) Premier Logistics (Pty) Ltd was correct in claiming an amount of R 317.343,34 using the paperwork supplied considering that the product was brought into the Republic by another transporter and;

ii) Senate Transit Underwriters (Pty) Ltd,. was correct in settling at R 238.937,85 considering that Road Riders Logistics (Pty) Ltd uplifted the consignment in South Africa and not Zimbabwe.

With what transpired, we are currently puzzled as to why the insurer, that is, Senate Transit Underwriters (Pty) Ltd, and Premier Logistics (Pty) Ltd had two different valuation of the product. We do not think that considering that Road Riders Logistics (Pty) Ltd was fully insured it is supposed to be left with a net loss position of R 78,405.49. Unfortunately due to technicalities involved we do not know who is correct between the two companies mentioned above. We wrote Senate Transit Underwriters (Pty) Ltd an email putting across our view as to which invoice should have been settled and why, unfortunately we did not reach any consensus. Road Riders Logistics (Pty) Ltd is seeking relief in the amount of R 78,405.49 from either Premier Logistics or Senate, being the financial damage it has suffered, through either payment of the wrong invoice or with holding of wrong amount by Premier Logistics (Pty) Ltd.

Source - the chronicle
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