THOUSANDS of residents who invested millions of dollars into Destiny for Afrika Network National Housing Projects Development Trust risk losing their investments as the battle to control the Trust turns nasty.
The matter has since spilled into the courts of law, The
Manica Post can reveal.
Bloody clashes were witnessed recently as members fought
over the control of the Mutare office and finances.
Accusations and counter-accusations are flying left, right
and centre, putting desperate home-seekers’ investments into jeopardy.
Destiny for Afrika Network National Housing Projects
Development Trust is spearheading housing projects in Mutare and other cities
countrywide.
A red flag has been raised over alleged abuse of funds,
resulting in the organisation’s founder and president, Reverend Obedia Msindo,
calling for an audit of the Mutare Office’s finances; a move which some
trustees view as a ploy by the reverend to lay his hands on the finances.
Some of the trustees are reported to be living large, and
have acquired a number of properties and assets in the city, and are
continuously hanging onto their posts despite either the expiry of their terms
or suspensions.
However, this has been shot down by those fingered in the
scam.
They insist that their terms of offices were extended by
Rev Msindo, and are also challenging his powers to suspend them, arguing that
they stand on an equal footing as trustees.
Police had to be summoned to quell disturbances at the
Trust’s Fifth Street offices as the feuding parties clashed.
Local trustees led by Messrs Wilson Masokovere and Temba
Sauramba allegedly hired thugs to bar a team from Harare from looking into the
Trust’s finances, resulting in some of them being injured and losing valuables.
The injured had to seek treatment at Victoria Chitepo
Provincial Hospital, while they also pressed assault and theft charges against
their assailants.
Messrs Masokovere and Sauramba vehemently denied mobilising
people to attack the Harare team that was led by another trustee, Mr Gerald
Mabika, and instead accused Rev Msindo of inviting people to gather at the
Mutare offices for a verification exercise.
Mr Masokovere stated that he was out of town, while Mr
Sauramba said he was at home when violence broke out.
As the drama continues unfolding, Rev Msindo, through Mr
Mabika, applied for a spoliation and ancillary relief order against Messrs
Masokovere and Sauramba.
In the application, Mr Mabika argued that the court should
order Messrs Masokovere and Sauramba, their agents, employees or assignees to
restore peaceful and undisturbed possession of the Mutare offices.
He urged that the respondents be ordered to ensure that
public order was maintained at the offices, while they also pay for the costs
of the suit. Mr Mabika is represented by Mr Passmore Nyakureba of Maunga Maanda
and Associates, while Messrs Masokovere and Sauramba are represented by Mr
Chris Ndlovu of Gonese and Ndlovu Legal Practitioners.
The matter appeared in court yesterday (Thursday).
In his affidavit, Mr Mabika stated: “On October 6, agents
of the Trust from Harare, including myself, went to the Mutare office to
discharge our duties and assignments. We entered into the offices and worked in
a peaceful manner without any disturbances.
“On October 7, the same employees went back to the offices
to continue with the unfinished tasks, and it was upon our arrival that we were
met with a huge crowd outside the premises, including Messrs Masokovere and
Sauramba. The crowd was also accompanied by security guards from Boltspeed
Security in which Messrs Masokovere and Sauramba are the only directors.
“The crowd attacked us with assorted weapons, and heavily
assaulted part of the group, severely injuring some. Some, including me,managed
to escape. Those who escaped went to Mutare Central Police Station where the
escort of police officers was sought to neutralise the situation by maintaining
law and order. Messrs Masokovere and Sauramba, together with their agents,
continued assaulting us even in the presence of police officers.”
However, in response, Mr Masokovere argued that Mr Mabika
had no legal right to represent Destiny for Afrika Network National Housing
Projects Development Trust. “What the applicant has attached is simply a letter
by one Obedia Msindo purporting to give him authority to represent him (Obedia
Musindo). Acting alone, Obedia Msindo has no authority to represent, and bind
the other trustees. Nowhere in the papers before the court has it been
suggested that the other trustees agree with Obedia Musindo over his choice of
the deponent, or for that matter over his decision to litigate against us. A
simple letter is not enough. It has to be a resolution of the trustees
themselves acting collectively and not individually,” argued Mr Masokovere.
He admitted that their term of trustees was supposed to
expire on March 20, 2021.
“It is true that at its formation and registration, the
Trust had six trustees. It is true that the terms of office of the trustees
were to expire on March 20, 2021. However, our terms of office were extended
for a further period of four years by express and tacit conduct of the Trust
itself and ourselves. Obedia Msindo specifically wrote a letter indicating that
our tenure as trustees was to be extended, and from March to this date we have
continued to conduct and carry out the functions of the Trust as trustees with
no objections from anybody, Obedia Msindo included,” said Mr Masokovere.
He added: “Before the Trust was established, we were
operating our affairs as a universitas, and our operations began in 2006 in
Mutare where we were doing housing projects. It is not correct, therefore, to
give an impression that our operations began after registration of the Trust in
2017. Long before the establishment of the Trust, we had begun our operations
in Mutare, and I was the driving force and the chief operations officer for
projects in Mutare. It is, therefore, incorrect to suggest that I was hired as
a non-executive employee of the Trust. I am the face of the Trust in
Manicaland. That is why I am head of its operations at the Mutare office.”
On the gathering of people and violence reported at the
Mutare office, Mr Masokovere, said: “I can confirm that there were disturbances
between the people who had been invited to the offices, and the team from
Harare. Since I was not present, I can neither confirm nor deny that some
people were assaulted. I, however, deny that I assaulted anybody because I was
not even there.
“I have no knowledge of the report that was made to the
police, neither am I privy to the information relating to the arrests made by
the police. I can, however, confirm as a fact that I was never arrested by the
police for the disturbances that occurred that day because I was not there. It
is not true that we invited anyone to our offices. On the contrary, it was
Obedia Msindo who sent out messages to our members inviting them to the office.
It is, therefore, not true that we tried to block the team from Harare from
doing its duties. We have nothing to hide. We have not stolen any money from
our members or from the organisation.” Manica Post
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