Buyanga wins property dispute

Frank Buyanga

Daniel Nemukuyu Senior Court Reporter—
The Supreme Court has confirmed the transaction in which Zimcor Trustees Limited acquired a Mt Pleasant property and later sold it to Boka Investments. Zimcor, under the directorship of businessman Mr Frank Buyanga, acquired shares in Rasar Investments which owned Stand Number 671 Mt Pleasant in Harare.
Mr Buyanga then sold shareholding in the same company to Mr Mathew Boka of Boka Investments.
The original directors of Rasar Investments led by Dr Webster Rushesha contested the transactions at the High Court and obtained an order nullifying them.
He argued that the property belonged to his two minor children who were the registered shareholders for Rasar Investments.
Zimcor and Boka Investments took the matter to the Supreme Court on appeal where Justice Bharat Patel quashed the High Court decision and validated the transactions.
Justice Patel sitting with Justices Luke Malaba and Paddington Garwe, allowed the appeal with costs.
“The appeals in Case Number SC453 /13 and SC446/ 13 be and are hereby allowed with costs.
“The judgment of the court a quo is set aside and substituted with the following:
“The plaintiffs’ claims are dismissed with costs,” ruled the judge.
Justice Patel ruled that the formation and administration of the original Rasar Investments was marred with misrepresentation and fraud.
“To sum up, the net effect of all the aforementioned evidential deficiencies was to irremediably undermine Rushesha’s case as pleaded in the summons and declaration,” he said.
“They demonstrate that the formation of Rasar Investments and its subsequent control and administration were severely afflicted by misrepresentation, probably fraudulent, rendering it almost impossible to ascertain the precise status and contention that his minor children were the lawfully registered owners of the total issued share capital of Rasar Investments.”
Justice Patel ruled that the High Court erred in nullifying the transactions involving Zimcor.
“The court a quo clearly erred in upholding his claim (Dr Rushesha) and consequently invalidating the sale and transfer of shares to Zimcor and the subsequent sale of the property to Boka Investments,” he said.
Dr Rushesha acquired the property and later relocated to the United Kingdom for professional employment.
According to Dr Rushesha, he asked his brother-in-law Mr Alexio Dera, to set up a company called Rasar Investments.
The property was then registered in the name of Rasar as the company’s sole asset.
The directors of Rasar were Dr Rushesha, his wife and Mr Dera, while the two minor children were registered as shareholders.
When Dr Rushesha moved to UK in 2003, Mr Dera concluded a sale agreement of shares to Zimcor.
Dr Rushesha later tried to nullify the sale arguing that the property belonged to the children who did not consent to the sale.

PSG and Brazil defender David Luiz has vowed to abstain from sex until he is married.

The former Chelsea man, who regularly talks about his Christian faith, was recently baptised – and says he will remain a virgin until he has married girlfriend Sara Madeira. Luiz, who attends the Pentecostal Hillsong Church, was baptised in the swimming pool of PSG team-mate Maxwell, and took to Instagram to make his views clear. “I have chosen to wait,” the 28-year-old said in a post on the social media platform.PSG star David Luiz cries on live TV show after helping make a kid’s dream come true



PSG’s David Luiz gets baptised in a photo he posted on Instagram Luiz went on to quote the following Bible verse: “Therefore, if anyone is in Christ, he is a new creation. The old has passed away; behold, the new has come. (2 Corinthians 5:17 KJV).” “How wonderful to live with you Lord, thank You for loving me so much and taking care of me!” he added. “My life is yours, and I am your servant! You’re always in the centre of all my decisions! I love my God! Amen.”
Paris St Germain defender David Luiz Fellow Brazilian Kaka also abstained from sex until he married Caroline Celico in 2005 at the age of 23, explaining his views in an interview three years later. “I am a great example,” Kaka said. “The majority of people say that after marriage, they don’t like jumping into bed with their partner because there is no desire. “However, this is not true, my wife is the person I love and it was worth waiting. “A lot of people were surprised and shocked with me but I think it’s the best decision. I am an evangelist and I believe in those values. “I think people need to prevent themselves from making love before marriage,” he added. “Of course, everyone has their own opinions but I think it was worth the wait.” Yahoo

Killa Zivhu leads by example

Ngonidzashe Chiyangwa

Mr Killa Zivhu  the council chairman of Chivi central constitution who owns a multi dollar rural area  home stead in Ndungu village shows off his house which was developed under the concept of village Zim ASSERT .

Zivhu is not sure exactly how much he had put to create such a stunning house as he last calculated the amount he was pumping in that project ,8months ago and then he had used US$100 000 he did not stop investing large amounts in the project.

“Right now I am not sure how much I have spent on funding the  project but when I last calculated the amount eight months ago it was a hundred thousand United States dollars  , ever since other ernomous amounts were still pumped out torwads the development of such a beautiful  homestead,” he said

Zivhu created such an eye catching house just to set an example to the outside world, so that this would challenge other rich people who have the ability of doing the same at their rural homesteads.

“The media should take photos of my homestead and compare it with the rural homesteads of other prominent people so that they will be ashamed and forced to develop,” he said

“If all the people who have the capacity of creating such a place as this was willing , Zimbabwe could have the most beautiful rural areas to South Africa and Botswana.”

The homestead uses sunlight as a source of energy. He was sure that the electricity generated from the sunlight was enough to keep them going for a week.

“This method of harvesting sunlight for energy, can keep us going for days without having stored some more ,”added Zivhu

According to him the idea was to create a homestead that would be able to generate him money in the near future. He has a drip irrigation system that he is going for a tomatoes project he confirmed will begin next week before his travel to the United States of America on council business.

The entrepreneur also has his eyes set on fish business, as he is still constructing three very large fish ponds behind the stunning houses. These were still very large pits awaiting construction when the tour to his prestigious homestead was embarked on.

“I am going to put thick black plastics to put at the bottom of these fishponds and refill some soil so that I will avoid the water from sinking into the ground because water is very hard to find this region,” said Zivhu

Zivhu’s dream does not only end with those project which he had already accomplished but he is eyeing even the goat business in order to supplement the fish food.

He added ,“ I am going to purchase a thousand goats which are going to be kept at the site to make sure the fish have a continuous supply of food from the goat’s waste.”

Robert Mugabe’s vice-presidents at war

HARARE – Amid Zanu PF’s seemingly intractable factional and succession wars, President Robert Mugabe now has to contend with another mindless battle that is brewing between his deputies, Phelekezela Mphoko and Emmerson Mnangagwa.

At the heart of the new ruckus is a deadly fight over who is senior and more powerful between the two men who were appointed to their positions by Mugabe in December last year, following the brutal ouster from power of former Vice resident Joice Mujuru and her allies over murky allegations of plotting to depose and kill the embattled nonagenarian. Zanu PF and government sources who spoke to the Daily News yesterday said the new war avenue “manifested the ruling party’s undecided succession issue”, adding that it was so deep-rooted and apparent to the extent that it was becoming “an embarrassing problem” at both party and State level. “This is now an embarrassing problem as VPs Mphoko and Mnangagwa appear to be butting heads about their roles everyday, both at Zanu PF and government level,” one of the sources familiar with the issue said. Another source said it was not “by accident” that Mphoko had, while giving a lecture at the Great Zimbabwe University in Masvingo last week, made it clear that he was not junior to Mnangagwa, going to the “ridiculous extent” of correcting and embarrassing a subordinate who had introduced him as the country’s second vice president. This was after Josiah Hungwe, a close ally of Mnangagwa, had addressed Mphoko as second vice president — with the VP bluntly and indignantly pointing out that there was no such position in both Zanu PF and the government. “Before I proceed, I would like to make a point of correction to Cde Hungwe. We do not have a first and second vice president in our structures. We just have two vice presidents. “We only have one first secretary of the party, who is President Robert Mugabe, and two second secretaries of the party who are the vice presidents. So, I wanted to make that correction,” Mphoko told the stunned university gathering. Mphoko has also, curiously, recently moved to distance himself from the rampant factionalism devouring Zanu PF, telling party supporters in Hurungwe that he allegedly had no office but worked under the auspices of Mugabe — a move interpreted by insiders as a jab against Mnangagwa and other bigwigs who are linked to factions. “Having been away from the party for a long time, Mphoko has no faction and prides himself for being clean. However, we all know that Mnangagwa is heavily linked to a faction in the party,” a Zanu PF central committee source said. A senior civil servant said in addition to the “simmering tension” between Mnangagwa and Mphoko being “rooted in Zanu PF’s terrible succession politics”, another contributing factor was that “the structure set up is not clear on whether there is a first vice president or not” both at party and government level. “I sympathise with both men as things are only clear when President Mugabe is away and one of them, and now that VP Mphoko is also assuming the duties, is acting president,” the official said. Another senior Zanu PF official said he understood that the problem was now so bad that Mphoko had allegedly recently approached Mugabe to complain that Mnangagwa was “always undermining him and treating him like a junior vice president” when the two men were equal “at least in theory”. “VP Mphoko takes no prisoners and has told the president that he must be treated as an equal with Mnangagwa, whose backers view him as the first VP and him as the second. “And I can understand why Mphoko may feel undermined and why Mnangagwa is often seen as the first VP by the media and party structures, as he (Mnangagwa) has worked closely with the President for a long time which may explain why he has acted for the president on more occasions than Mphoko,” the official said. A Zanu PF leader in the troubled Harare province said many officials were “gravitating” towards Mphoko as they allegedly regarded him as “a sober and impartial head” in Zanu PF’s vicious wars — including the recent bloodletting over the choice of the party’s Harare East candidate in the forthcoming by-elections. A lawyer who was reluctant to be identified fearing being drawn into Zanu PF’s wars said a further complicating factor in the Mnangagwa and Mphoko feud was that the country’s Constitution stated that in the event that the president died or became incapacitated, the person who was the last acting president would take office for up to 90 days within which the party of the dead president would choose a successor to complete his term of office. “With the Constitution giving both vice presidents an equal chance, Mnangagwa is thus no longer the clear favourite to succeed Mugabe although he has the advantage of always being ahead in the acting role,” the lawyer said. Alex Magaisa, a constitutional law expert who was part of the team that drafted the current constitution, confirmed that under the new supreme law, there was no VP hierarchy, at least until 2023 when the running mate clause will be introduced. “There is nothing like that under the current set-up. If we were using the running-mates system, yes, there would be a first and second VP, but we do not have that system until 2023. At present, both VPs are appointed on an equal basis,” Magaisa said. But other legal experts say there is a conflict of interest between two provisions in the Constitution, with Section 100(1) suggesting that there is a hierarchy between the Vice Presidents and section 14(3) suggesting, on the contrary, that the two Vice Presidents are equal. “This hierarchical structure does not apply under the present system, because s. 92 and the running mates system does not become operational until 2023. Under the current system, the Vice Presidents are appointed by the President in terms of Section 14 (2) of the Sixth Schedule. “The two Vice Presidents are equal at law. One might contend that there is an internal political hierarchy within Zanu PF, which might make one of either VP Mnangagwa or VP Mphoko more senior than the other, but under the national Constitution, they are equals,” Magaisa explained. Even the Zanu PF constitution and the Unity Accord of 1987, signed between Mugabe and the late Vice President Joshua Nkomo makes no reference to a first or second VP. Article 4 of the Unity Accord states: “That Zanu-PF shall have two Second Secretaries and Vice Presidents who shall be appointed by the First Secretary and President of the party.” And article 7 of the party’s constitution reads: “There shall be a Central Committee which shall be the principal organ of Congress and shall consist of . . . (a) President and First Secretary; (b) Two Vice Presidents and Second Secretaries”. – Daily News