The Green
Rebirth Trust trustees, represented by Nadia Vingai Mabvirakure, have filed an
application for interdict against Batsirai on the impending violation of their
unencumbered right to utilise and benefit from its tree nursery project at
Chemapango Secondary School in Murewa district.
In an urgent
High Court chamber application for a spoliatory and interdictory order, the
trust cited Batsirai, Tichabaiwa Gwadu and Familia Muvhunwa as respondents.
The trust is
seeking an order for relief to utilise and benefit from its tree nursery
project at Chemapango Secondary School in Murewa district.
According to
court papers near the end of February 2022, Mabvirakure together with five
other trust members, set up the Green Rebirth Jiri ra Mambo agro-forestry
project to promote sustainable development and climate redemption.
On October 11,
2023, they reportedly registered Green Rebirth Trust to restore the
environment, create employment, raise awareness on environmental preservation
and promote biodiversity and wildlife management.
The trust
reportedly set out to procure capital, establish strategic partnerships and set
up operational infrastructure in the country’s rural areas and as a result of
the overtures it made it established a substantial tree nursery at Chemapango
Secondary School in Murewa district.
In August last
year, Batsirai allegedly proffered a donation, citing his alignment with the
Green Rebirth Trust's mission and potential for reciprocal enhancement of his
public image.
In line with
its policy of receiving philanthropic support from diverse sources, the trust
accepted Batsirai’s contribution.
The trust's
nursery stock at seven months old was reportedly mature enough to be sold to
generate income in the furtherance of its objectives.
The project
represents a substantial investment, with an estimated valuation of US$1
million.
The trust
submitted that to its shock, Gwadu and Muvhunwa acting on Batsirai's behest
went to Chemapango Secondary School on February 27 this year and seized control
of the project effectively depriving the trust of its project.
In a letter
addressed to the school headmaster on the same day, Gwadu and Muvhunwa alleged
that they were members of a certain Matiza Trust which they said had been Green
Rebirth Trust’s partner in the project.
Batsirai, Gwadu
and Muvhunwa further alleged that they have been the project’s sole funder and
that they had cut ties with Green Rebirth Trust and taken over the project.
The trust
submitted that the respondents’ assertions were not only false but fraudulent
in that they have been at all material times a donor, and one of the many that
have provided financial support.
It further
submitted that at no point has Green Rebirth Trust partnered a Matiza Trust as
alleged, and it highly doubts that such a trust ever existed.
“Apart from
making monetary donations like applicant’s many other donors, respondents have
not been involved in any capacity in the operations of the project. Contrary to
the respondents' claim, the applicant has benefited from a diverse range of
financial supporters,” Mabvirakure said in her affidavit to the court.
The trust also
submitted that Batsirai, who joined the project's funding stream only seven
months ago, is just one of such contributors.
Mabvirakure
submitted that neither she nor any of her co-trustees has been involved in
fraudulent activity of any kind. She said due to respondents’ unlawful
behaviour they approached the High Court for relief.
Mabvirakure
further submitted that the trust has been working hard to grow and it is
actively attempting to sell its nursery stock without Batsirai Trust’s
participation.
“This nursery
stock once sold cannot be recovered and the true value of applicant’s loss will
be difficult to quantify accurately. If this honourable court does not
intervene and halt Batsirai’s unlawful conduct urgently, there exists a real
risk that the nursery stock will be sold to the applicant’s detriment,” she
said. Newsday
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