Mining Company Director Accused of Illegally Seizing Ownership
By Judith Nyuke
A director from a mining company was brought before the court accused of illegally transferring the company’s ownership, which was originally owned by the late Stephen Chiparawasha, to his own possession, amounting to a loss of US$5 million.
Christopher Chibwana, 51, was brought before Harare magistrate Sharon Rakafa, facing charges of three counts of fraud and one count of perjury.
He was remanded in custody to 2 May for bail ruling.
The late Stephen Chiparawasha owned a mining claim known as Ascot Mine 20 in Norton. Following his demise in 2012, Chibwana initiated alterations to the mine’s ownership.
It is the State’s case that Chibwana masterminded the transfer of the mining claim from MAWK (Pvt) Ltd where Chiparawasha was a shareholder into JnYang Htson MAWK (Pvt) Ltd where the late did not have any shares.
He did so by allegedly used fraudulent special power of attorney.
Chibwana allegedly on 25 November 2016 ,he authorised the Ministry of Mines to transfer mining certificate into his company.
On another charge, the State alleged that on 11 October 2018 and 28 January 2020, Chibwana manufactured a fake CR14 for MAWK Mining Development Company where he appointed himself as the company secretary when the company secretary who was appointed on the incorporation of the company was Farai Chikwekwete as indicated on the genuine CR14 dated 2 December 2016.
After making a false appointment Chibwana allegedly filed the fake CR14 with the Registrar of Companies when he knew very well that he had not been appointed as the company secretary and that there was no resolution made by the company to that effect.
According to the State,on the first CR14 form, Chibwana without a company board resolution, filed a new set of CR14 form with the Registrar of Companies, Harare in which he had also appointed Doubt Jenala director on the 18September 2018 and Clever Mandizvidza on 11October 2018.
On the second count of perjury, Chibwana on 8 June 2021, in an attempt to defraud the late Stephen Chiparawasha`s estate, he took an oath and deposed an affidavit in the High Court under case number HC2737/21.
Chibwana represented the applicant and sought to interdict the Estate of Late Stephen Chiparawasha and all those associated with it from having anything to do with Ascot 20 mining claim and to be barred two kilometers away from the mining location.
He submitted a fake CR14 filed with the Registrar of Companies dated 28 January 2020.
He also made a false statement that he was the company secretary appointed on the date of incorporation, which was on 2 December 2016 whereas the company secretary was Farai Eshuance Chikwekwete in terms of the CR14 filed with the Registrar of Companies on the basis of 2 December 2016.
Hence Chibwana submitted false information under oath.
