A Harare couple has been fully acquitted of defrauding a company owned by former Reserve Bank of Zimbabwe governor, Gideon Gono, of a staggering ZWL137 million (approx. US$ 360,000). Aisha Ndoda Makoni and Clark Clever Makoni, who had consistently denied the allegations, saw their case dismissed by the High Court, which found the prosecution’s charges to be fundamentally flawed.
The case revolved around the alleged unlawful takeover of Valley Lodge (Pvt) Ltd, with the state accusing the Makonis of positioning themselves as directors of Gono’s company by fraudulent means. Justice Regis Dembure delivered the decisive judgment, pulling apart the very foundation of the state’s argument.
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“Fatally Defective” Charges Sink State’s Case
Justice Dembure was scathing in his assessment, ruling that the charge sheet was “fatally defective.” He found that it critically failed to outline the specific misrepresentation the couple was alleged to have made.
The judge pointed out a serious procedural misstep, noting that the magistrate’s court had relied on assertions that were never part of the prosecution’s official case. In essence, the court had been guilty of “creating new particulars” not supplied by the state, an irregularity that proved fatal to the case.
The judgment illuminated glaring weaknesses in the complaint. Notably, the state failed to prove a concrete link between the accused and the allegedly forged CR14 form which was a key document in the case. Furthermore, there was no banking evidence presented to show that the couple had ever attempted to withdraw or misappropriate the ZWL137 million, nor was there a clear audit trail demonstrating any financial loss to Gono’s company.
A Long Ordeal and a Political Undertone
According to the initial allegations, the saga began in July 2017 when the Makonis were engaged to manage Valley Lodge among other properties. The prosecution claimed that on August 10, 2017, the couple forged a CR14 form, with Clark Clever Makoni appointing himself as director and company secretary, and his wife as his deputy.
Armed with this document, they allegedly approached ZB Bank in Mutare, misrepresenting themselves as the new shareholders in an attempt to change the bank account signatories and gain control of the company’s finances. Throughout the trial, the couple maintained their innocence, suggesting the charges were politically motivated.
“A Relief” and a Demand for Justice
Following the ruling, Clark Clever Makoni expressed his profound relief and affirmed his faith in the judicial system. He stated, “We are happy with the judgment.” He viewed the outcome as a testament to the courts’ ability to protect ordinary citizens when the law is applied correctly.
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“This shows the Second Republic’s commitment to fair justice for small people like us,” he said.
Makoni did not shy away from criticising the origins of the case, implying it was an abuse of power.
“This was made into a big issue as some tried to flex their muscle and abuse power and authority to prosecute others,” he remarked. He concluded with a powerful demand, saying, “We encourage — and demand — that manipulation of the courts be rejected so that justice is served.”
The state, acknowledging the flaws in its own case, did not oppose the High Court’s decision to acquit, bringing the months-long prosecution to a definitive end.
Crédito: Link de origem
