We love to hear how somebody has fallen on hard times, clucking our tounges in simulated sympathy and immediately expecting the news conveyor belt to bring another instalment of another person’s misfortunes (ad infinitum).
Some of the reading public are competent to assist our brother who has had his life seriously disrupted by lawless, greedy people, with the active connivance of a discredited judiciary.
From my reading of Mr.
Westwood’s story, the following salient points emerge. 1.
Westwood and one Hammarskjold Banda were the shareholders of the company commonly known as Benbar/ Tromps.
Banda had secured employment for his wife, Brendaly Banda with the company and she was responsible for Finance and Administration. 2.
In or around December 2009, Mr.
Westwood, acting on his own and unbeknown to his other shareholder, Hammarskjold Banda (who apparently was in South Africa), suspended Brendaly Banda, austenibly to conduct a forensic audit of the company’s finances. 3.
In apparent retaliation, on 18 December 2009, Hammarskjold and his wife ran the company payroll and awarded themselves and their cousin a Christmas bonus.
They must have done this in the company of Temba Mliswa, who had addressed the workers in the presence of Mr.
Westwood and is alleged to have said “I now own the company this murungu has nothing to do with this company anymore, in line with indigenisation so, don’t question me or none of you will see your wife and children again! ” Thereafter, Themba and people acting under his direction and control destroyed property and company documents and records.
I can only infer that the destruction of the company documents and records permanently stopped the forensic audit from taking place. 4.
It would appear that a report was made to the police.
The police investigated the case, leading to a criminal trial of fraud against Themba Mliswa and some co-accused.
From the interview, it is apparent that Mr.
Westwood was and is still of the conviction that Temba Mliswa and Hammarskjold Banda perpetrated a fraud on the company.
Westwood, we gather that Hammarskjold Banda had entered into a private agreement with Temba Mliswa, wherein he purported to transfer his (Banda’s) shares in the company to Temba Mliswa, without following the procedures laid out in the Companies Act and also specified in the company’s Articles of Incorporation and Memorandum of Association.
Because the procedures were not followed, Mr.
Westwood therefore is convinced, a case for fraud is made out. 5.
The trial Magistrate, His Worship Mr.
Katiyo, in his ruling, addressed a slightly different cause of action.
He wrote… “In my view Westwood felt threatened by the accused.
If the big names were mentioned, they were meant to instil fear and not misrepresentation.
Instilling fear does not amount to fraud. ”
Justice Katiyo withdraws ‘made up’ ruling, in case that was…Aug 8, 202546,810Supreme Court under the spotlight in case involving arrested…Jul 28, 202527,460Temba Mliswa decries Mutsvangwa’s anti-Tagwirei stance…Jul 23, 202543,728Mliswa’s arrest unmasks alleged high-level corruption…Jun 16, 202547,850
Justice Katiyo withdraws ‘made up’ ruling, in case that was…Aug 8, 202546,810Supreme Court under the spotlight in case involving arrested…Jul 28, 202527,460Temba Mliswa decries Mutsvangwa’s anti-Tagwirei stance…Jul 23, 202543,728Mliswa’s arrest unmasks alleged high-level corruption…Jun 16, 202547,850
Justice Katiyo withdraws ‘made up’ ruling, in case that was…Aug 8, 202546,810
Justice Katiyo withdraws ‘made up’ ruling, in case that was…Aug 8, 202546,810. 🔗 Read Full Article
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