ZIMBABWE ANTI CORRUPTION COMMISSION has pounced on South African based Zimbabwean business mogul Mutumwa Dziva Mawere launching investigations into how Afaras Gwaradzimba, an administrator for Shabani-Mashava Mines (SMM) ended up collecting rentals from Mutumwa Mawere’s private property in Mt Pleasant. Mawere could have lost US$500 000 in income from the house which sits on several acres of land in the plush suburb.ZACC Spokesperson John Makamure confirmed the investigations and said that Mawere reported the matter “I can confirm that we received Mutumwa Mawere’s complaint and sent it to our investigators. I cannot give you the details of the investigation for now,” said Makamure. Mawere had his SMM company taken away by Government in 2004 on allegations that he had prejudiced the country of US$300 billion and Gwaradzimba was appointed administrator of the company. Gwaradzimba then went on to include Mawere’s US$450 000 Mt Pleasant house in his portfolio and collected rent for 17 years from 2004 to March 2021 without the latter’s consent. Efforts to get a comment from Gwaradzimbaa who was appointed administrator by the then Minister Patrick Chinamasa were fruitless.Although Gwaradzimba is accepting fault, he is refusing to release lease agreements to Mawere to show who rented his house when and what was paid over the years. Gwaradzimba has referred Mawere to his lawyers DHM for the information. Cambridge Road, Bryanston Johannesburg, South Africa. In his court papers Mawere introduces himself as self-employed and knew the accused Gwaradzimba not only in connection with this case but also as an old acquaintance. He lamented how sometime in 1992, he purchased a house located at number 2 Durland Close, Mount Pleasant, Harare as an investment and as such never resided at the house. He then rented the house to an employee of the World Bank based in Zimbabwe and acquired this house prior to his involvement in the affairs of SMM Holdings Private Limited (SMM) in March 1996. Mawere was appointed as the non-executive Chairman from March 1996 up until October 1997 when he resigned. At the time of the acquisition of the house in 1992, he was working and residing in the USA and in 1995, relocated to South Africa where he has been a resident ever since. Sometime in 2003, Mawere approached Ms Mwamuka, who was employed by SMMs Human Resources Department, to assist him personally with the administration of the affairs of his personal house.Ms. Mwamuka was to handle this matter in her personal capacity. At no time was she to act in any represenative capacity. After entering into no contract or agreement with SMM in relation to the house no board approval of SMM was sought and obtained regarding this matter. Mutumwa said ''SMM had no rights or obligations in relation to the house but the tenant would enter into a rental agreement with me and where SMM was to be a tenant in realation to its employees,'' ''Ms. Mwamuka would enter into such agreements on my behalf and with my prior approval. Accordingly, anyone who alleges that SMM was a party to any agreement with me, should provide documentary evidence to this fact.'' ''In September 2004, a reconstruction order was issued by the then minister ofjustice, Legal and ParliamentaryAffairs, Hon. P. Chinamasa, whose effect was to divest and deprive the shareholders and directors ofSMM of the control and direction of SMM.'' ''The effect of the said order was to alienate me from the affairs of all companies deemed to be under my control or influence.'' ''Pursuant to the order and specifically in terms of s6(a)(1) of the Act, Gwaradzimba assumed the control and management of SMM. He became the sole fiduciary consequently.'' ''In terms of the Reconstruction Act that was passed into law by Parliament after the fact of SMM?s placement under extrajudicial administration, Mr Gwaradzimba to the Minister of Justice who is responsible for administering the Reconstruction of the Act.'' ''Following the introduction of the reconstruction order, what should have followed, if any principal and agent relationship existed or is alleged to have existed, was for the person who had assumed the control and management of SMM to seek to contact me to sign an agreement in relation to the house.'' Clearly Mutumwa disagrees with how this administrator handled the affairs and collected rent of this particular property prejudicing him of half a million united states dollars.
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