Mlotshwa is a commercial lawyer and owns GN Mlotshwa and Co
Legal Practitioners.
The issue came to light after Mlotshwa’s client, an
Oman-based businessman, Thamer Said Ahmed Al Shanfari, went to court demanding
back his properties.
Mlotshwa, his partner Tawanda Maguwudze, Defence minister
Oppah Muchinguri, army-owned company Rusununguko Nkululeko Holdings, former
Defence secretary Martin Rushwaya and the Registrar of Deeds were cited as
respondents in the matter.
Mlotshwa said he should not be included in the proceedings
of the main case, but High Court judge Justice Paul Musithu dismissed his
arguments.
“It is partly because of the respondents’ conduct that
proceedings were instituted therein. For the foregoing reasons, this court is
satisfied that this is an appropriate case for the joinder of the respondents
in the main matter,” Justice Musithu ruled.
Court papers dated October 24, 2019 state that Shanfari
filed the main application seeking the placement of a caveat over four
immovable properties, all in Glen Lorne.
These include stand numbers 98, 99, 100 and 101 Glen Lorne
Township 8 of Lot 40A Glen Lorne.
The Oman businessman said the properties were acquired
through his own finances between 1999 and 2001, and were to be registered
through a trust, of which he was the majority shareholder.
Documents pertaining to ownership of Shanfari’s properties were
in the hands of Muchinguri’s lawyers, GN Mlothswa and company and Mlotshwa
himself.
Around 2012, Shanfari engaged Chibune & Associates
Legal Practitioners to handle his legal affairs pertaining to his various
business interests in Zimbabwe.
A principal partner from Chibune & Associates fell ill
and Shanfari had to engage Mlotshwa to take over around March 15, 2012.
Mlotshwa was allegedly given original copies pertaining to
the property for safekeeping.
Mlotshwa confirmed receipt of the document by email on
March 21, 2012, and his employee, one Timothy Mazongo, said he received the
files.
Shanfari argues the documents confirmed that the properties
were owned by him in his capacity as director of Bourhill Investments (Private)
Limited, Graphic Investments (Private) Limited, and as the beneficiary of the
Fifty Seven Folyjon Trust.
He said the properties were vacant when he purchased them,
except for a small structure on Stand 99, Glen Lorne, Harare, which had been
demolished to make way for the main structure.
In the application for the caveat HC 8780/19, Shanfari
claimed that on February 27, 2019, his agent Alan Passaportis received a letter
of demand from Muchinguri’s lawyer, Mlotshwa.
It claimed that the Defence and War Veterans ministry had
regularised ownership documents for the properties under one of its investment
companies, Folyjon Gardens (Private) Limited under Rushwaya.
Shanfari was then required to facilitate a handover and
takeover of the properties to the respondents, despite that he had never given
them authority to transfer the properties to the army.
His new legal practitioner, Atherstone & Cook’s Raymond
Kadani responded requesting clarification on the relationship between
Muchinguri and Rusununguko.
Kadani also demanded documentation pertaining to the
alleged regularisation of ownership of the said properties and clarification as
to ownership by Rushwaya.
Court documents say: “Attempts to get the said information
were all in vain, prompting the applicant to institute proceedings under HC
8780/19. He claimed that the conduct of the fourth to eighth respondents
pointed to the possibility of a fraudulent disposal and transfer of title in
the said properties.
“In their opposition in HC 8780/19, the first and second
respondents raised preliminary points at the outset alleging that the applicant
had not offered security. They also said Shanfari was a fugitive from justice
with two outstanding warrants of apprehension and that he was also a prohibited
immigrant.” Newsday
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