Published
3 years agoon
By
Peter SmithOn 30 January 2006, Gwaradzimba fraudulently obtained a judgment in Zambia on the basis of the self-created claim that by virtue of the Zimbabwean Presidential Powers (Temporary Measures) (Reconstruction of State-Indebtedness Insolvent Companies) Regulations 2004 published in Statutory Instrument No. 187/2004 (as amended) and read with the State-Indebted Insolvent Companies Act Cap 24:27 of the laws of Zimbabwe, TAP Building Products Limited (TAP), a Zambian juristic entity is AN ASSOCIATE COMPANY OF SMM UNDER RECONSTRUCTION and DEEMED TO Be UNDER RECONSTRUCTION, not in terms of Zambian laws but a foreign law and THEREFORE BE DECLARED by a ZAMBIAN COURT to be under the control and direction of a foreign representative of SMM, a ZIMBABWEAN COMPANY.
The jurisdictional attack of Zambia is self-evident. The mere fact that a representative of an entity whose control and direction was divested in Zimbabwe through administrative fiat having title to assume the control and direction of a Zambian company was not only unprecedented but an attack on the rule of law in Zambia.
When Gwaradzimba was asked about this travesty of justice, he simply laughed it off by saying that he was appointed as Administrator by his buddy, Hon Chinamasa, to pursue all the companies deemed to be under SMM, the company whose control and direction was divested by regulations promulgated using Zimbabwean Presidential Powers.
The fact that at no stage was SMM a shareholder of TAP was lost in the details of fraud and greed.
Gwaradzimba was able to commit this fraud on a SADC member country, Zambia, fully knowing that the regulations that were introduced without the involvement of the parliament of Zimbabwe and the judiciary protected him from any litigation or attack and, therefore, the theft of $1 million by Manikai and Gwaradzimba remains unrecoverable because, in order to claim the stolen funds, TAP will have to seek Gwaradzimba’s permission to sue SMM under Gwaradzimba’s control.
Below is an extract of the limitations imposed on victims of injuries caused to anyone in relation to the affairs of SMM and related crimes committed by Gwaradzimba:
The rule of law is premised on no one being above the law yet as can be seen above, Gwaradzimba is the law.
Working in cahoots with Mundashi of Mulenga Mundashi Limited Partners (MMLP) and Manikai of DMH, a judgment was able to procure a judgment in Zambia whose effect was to clothe Gwaradzimba with the plenary powers and authority over TAP whose shareholders were divested of their rights and freedoms in relation to TAP.
Gwaradzimba proceeded to dissolve TAP’s board of directors although SMM under his control had no shareholding relationship with TAP.
He dismissed the board in Zambia with immediate effect even before the victims were allowed to decide whether to appeal or not.
He then thanked the lawful board that he did not appoint for serving the company he had hijacked.
Mr. Mpasiri, a director of TAP, and a member of FOSMM had this to say: “After talking to Gwaradzimba on Tuesday, 15 February 2022, I got really scared that the attitude and sense of entitlement are now deeply seated in Zimbabwe, especially because of their proximity to President Mnangagwa.
Shockingly, Mr. Gwaradzimba who told me to go to hell, confirmed that he was advised by his lawyers, DMH Attorneys, whose Director, Mr. Edwin Manikai, was personally involved in the hijacking of TAP on the false premise that TAP was an associate of SMM.
It is trite that Zimbabwean law has no extraterritorial application, yet Gwaradzimba was proud of benefiting from a fraudulent Zambian judgment that effectively made Zambia, a jurisdictional province of Zimbabwe.
He implored me to look at the judgment and said because the crime was committed some 16 years ago, it must not be punishable and more importantly, he defends himself by asserting that his conduct should not be impeached because the crime was a consequence of a valid and enforceable judicial order.
The facts are that this crime was committed in the minds of Manikai and Gwaradzimba who then exported their criminality to the jurisdiction of Zambia using a crooked Zambian lawyer and a complicit Zambian judge in the name of Kajimanga.”
Below is an extract from a letter addressed to the then Minister of Finance, Hon. Biti, from TAP requesting him to protect the tainted reputation of the government of Zimbabwe.
The link to the full letter is https://online.flipbuilder.com/mmawere/jkct/.
The details of the financial prejudice inflicted on TAP include the following:
It is clear from the above that a company, AMG Global Zambia, received on the instructions of Gwaradzimba an amount of $345,829.98 that the company was not entitled to.
This fraudulent payment was orchestrated by Gwaradzimba who used a fraudulent court order to make this payment possible.
The firm, MMLP, also received $127,346.10 from this casino theft that was enabled by a court judgment.
Although the Kajimanga J judgment was subject to appeal between 2006 and 2008, this did not stop the looting of TAP in Zambia.
In response to Mupasiri’s landmark court application, President Mnangagwa has confirmed under oath that he was briefed of this cross-border application of the Reconstruction Act in Zimbabwe that was used to hijack and loot TAP’s funds.
How was the control of TAP divested in Zambia by Gwaradzimba & Crew? Please read: https://online.flipbuilder.com/mmawere/jkct/.
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