Is Mundashi SC, clean?

I have been following a scandal that unfolded in the Republic of Zambia involving President Mnangagwa’s men.

The facts that are in our possession confirm that Mandashi was involved in a fraudulent scheme in 2005 that led him firm, Mulenga, Mundashi, and Co., to pocket $127,000 unjustly from a Zambian company, TAP Building Products Limited (TAP).

The control and management of TAP was hijacked by a syndicate that included Mr. Edwin Manikai, President Mnangagwa’s close associate and legal advisor, and Mr. Afaras Gwaradzimba, who was appointed by Mr. Chinamasa, the ZANU-PF Secretary of Finance, as Administrator of a company that the government of Zimbabwe alienated from its directors and shareholders by an Act of State.

International laws prohibit the recognition and enforcement of any law that offends public policy yet in this unusual case, Mundashi managed to seek and obtain a judgment per Kajimanga J based on the application of draconian Zimbabwean regulations.

How was Mundashi paid for his assistance in giving life to the heist? His purported client was DMH, the law of choice of President Mnangagwa. He performed the herculean task of convincing Kajimanga J that SMM under the control of Gwaradzimba was a company with the title to assert rights that are limited to shareholders by virtue of a provision that Manikai authored that defines an associate in the most criminal and predatory manner.

Mundashi misrepresented to the Zambian courts that TAP was an associate of the state-captured SMM to permit rights and freedoms to appoint and remove directors to be vested in the Zimbabwean Administrator, a creature of statute.

This absurd construction was recognized and enforced in Zambia resulting in Mundashi billing the captured TAP seven days after the judgment was granted and being paid unjustly for work that he purportedly had done for and on behalf of the Zimbabwean fraudsters.

The criminal judgment was later reversed by the Zambian Supreme Court after Mundashi had been paid from the proceeds of this criminal project.

Mundashi whose client was DMH and in turn a creature called SMM. In terms of the operation of this draconian law, an Administrator appointed by a Minister without the involvement of the Courts and parliament was vested with the control and management of the target company.

Based on this repugnant law, Gwaradzimba removed the directors of TAP and placed the company under his control. He appointed directors to replace the directors of the hijacked company.

It is these unlawfully appointed directors who then approved the illegal payment to Mundashi.

Mundashi created the facts and circumstances that resulted in his firm pocketing $127,000.

A dispute has arisen as to whether Mundashi’s firm was entitled to the payment that was authorized by the directors that unlawfully applied a Zimbabwean statute in Zambia.

Many legal scholars are astonished that a Senior Counsel like Mundashi could knowingly and intentionally participate in this kind of fraud.

Mundashi does not dispute the payment but disputes the version that his firm was entitled to the payment.

He alleges that his client was DMH and in turn SMM under the control of Gwaradzimba.

Notwithstanding, his invoice makes reference to a matter involving SMM Holdings Private Limited (SMM) yet a company under reconstruction is governed by the Reconstruction of State-Indebted Insolvent Companies Act, a law that was put in place to expropriate 26 companies employing about 20,000 people from its shareholders.

This law makes the state, a term not defined in the Act, a superior creditor that is allowed to self-help.

In terms of the Act, this creature called a company under reconstruction cannot be sued without the permission of the Administrator who was part of the fraudulent heist of SMM.

With this knowledge, Mundashi knew that it would be an impossible legal journey to make him payback.

And now, there is a case pending in the Constitutional Court of Zimbabwe, in which the allegations made by Manikai that his, alter ego in prosecuting all these fraudulent activities was President Mnangagwa.

More to follow on this interesting Zambian leg of the people who surround President Mnangagwa.