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Lusengo acquitted in Dynamos share ownership case
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After a protracted legal battle spanning over three years, Dynamos Football Club (Pvt) Ltd board chairman Bernard Marriot Lusengo has been acquitted of fraud charges related to his acquisition of 51% of the club's shares.
Harare Magistrate Yeukai Dzuda handed down the ruling late in the afternoon, bringing an end to a case that had deeply divided the Dynamos family. The matter was further complicated by the deaths of two complainants, David George and Ernest Kamba, during the proceedings.
Emerging from the Harare Magistrates Court in a light grey suit, a visibly relieved Marriot walked out all smiles, surrounded by jubilant supporters and members of the club's safety and security team.
Magistrate Dzuda ruled that the complainants did not qualify as former players under the club's 1963 constitution, which they had sought to rely on. The court found that none of them had played for Dynamos during its formation in 1963, and they failed to prove the illegality of constitutional amendments that allowed Marriot to claim majority shareholding.
"The State did not tender evidence to prove a charge of fraud against the accused person, therefore he is found not guilty and acquitted," Dzuda ruled.
Marriot had been accused of fraudulently acquiring majority shareholding in Dynamos and distributing shares to individuals not recognized as founding members of the club. The complainants, led by former club secretary-general Leslie Gwindi and ex-treasurer Eric Mvududu, alleged that Marriot illegally took control of the club in 2017 by disregarding the 1963 constitution.
They also accused him of defying a 2005 Supreme Court ruling by Justice Luke Malaba, which had ordered Dynamos to operate under its founding constitution. However, the court dismissed these arguments, ruling that Marriot was the only surviving founding member of the club and that Dynamos was now being run under a different legal framework.
Throughout the trial, Marriot maintained that the complainants had no legitimate claim to shares in Dynamos Football Club (Pvt) Ltd. He argued that the club's 1963 constitution had been repealed at a general assembly meeting and replaced by a new structure under company law.
Furthermore, he stated that no one, including the complainants, had objected to the formation of Dynamos Club Private Limited when it was established.
Marriot's acquittal marks his second recent legal victory against Gwindi and Mvududu. Just last week, the High Court dismissed their attempt to block the ZIFA elections by questioning the legitimacy of the Marriot-led executive's role in signing nomination forms. Justice Esther Muremba struck down the application and ordered the complainants to pay the costs incurred by the Premier Soccer League and Marriot, who were cited as respondents.
The ruling solidifies Marriot's position at the helm of Dynamos, despite opposition from a faction of former players and officials. With the court's decision now settled, focus shifts back to the club's future, as it navigates internal divisions and prepares for upcoming competitions.
Harare Magistrate Yeukai Dzuda handed down the ruling late in the afternoon, bringing an end to a case that had deeply divided the Dynamos family. The matter was further complicated by the deaths of two complainants, David George and Ernest Kamba, during the proceedings.
Emerging from the Harare Magistrates Court in a light grey suit, a visibly relieved Marriot walked out all smiles, surrounded by jubilant supporters and members of the club's safety and security team.
Magistrate Dzuda ruled that the complainants did not qualify as former players under the club's 1963 constitution, which they had sought to rely on. The court found that none of them had played for Dynamos during its formation in 1963, and they failed to prove the illegality of constitutional amendments that allowed Marriot to claim majority shareholding.
"The State did not tender evidence to prove a charge of fraud against the accused person, therefore he is found not guilty and acquitted," Dzuda ruled.
Marriot had been accused of fraudulently acquiring majority shareholding in Dynamos and distributing shares to individuals not recognized as founding members of the club. The complainants, led by former club secretary-general Leslie Gwindi and ex-treasurer Eric Mvududu, alleged that Marriot illegally took control of the club in 2017 by disregarding the 1963 constitution.
They also accused him of defying a 2005 Supreme Court ruling by Justice Luke Malaba, which had ordered Dynamos to operate under its founding constitution. However, the court dismissed these arguments, ruling that Marriot was the only surviving founding member of the club and that Dynamos was now being run under a different legal framework.
Throughout the trial, Marriot maintained that the complainants had no legitimate claim to shares in Dynamos Football Club (Pvt) Ltd. He argued that the club's 1963 constitution had been repealed at a general assembly meeting and replaced by a new structure under company law.
Furthermore, he stated that no one, including the complainants, had objected to the formation of Dynamos Club Private Limited when it was established.
Marriot's acquittal marks his second recent legal victory against Gwindi and Mvududu. Just last week, the High Court dismissed their attempt to block the ZIFA elections by questioning the legitimacy of the Marriot-led executive's role in signing nomination forms. Justice Esther Muremba struck down the application and ordered the complainants to pay the costs incurred by the Premier Soccer League and Marriot, who were cited as respondents.
The ruling solidifies Marriot's position at the helm of Dynamos, despite opposition from a faction of former players and officials. With the court's decision now settled, focus shifts back to the club's future, as it navigates internal divisions and prepares for upcoming competitions.
Source - The Herald
