Gono told
magistrate Stanford Mambanje that he was introduced to the couple in 2016 by
his children, who persuaded him to employ them as his family real estate
project.
“I entrusted
them to manage a portfolio of over 15 properties in Chivhu and in 2017, I
expanded the trust so they could manage our Mutare portfolio that included
Valley Lodge,” he said.
“The same
challenges that occurred in Chivhu are the same challenges we are facing in
Mutare and we are in the process of seeking to rectify the fraudulent
activities done by the accused persons.”
Gono said
Makoni, through a fraudulent court process, blocked them entry to Valley Lodge
and his workers were being arrested day and night by police officers on the
influence of the former employee.
“We later
discovered that the police and the community were deceived by Makoni and they
did not know that they have a fraudulently acquired order,” Gono said.
He told court
that he is the owner of Galwex Investments, the holding company owning all
issued shares in both Lizack Holdings and Valley Lodge, having acquired the
shares from Costick Investments represented by Ayoob Omar.
He told the
court that the businesses were sold by Costick to Galwex, one of his companies,
but the transfer was yet to take place because he was yet to finish purchasing
the property.
Gono said the
Makonis’ main mandate was to collect rentals from the tenants and other
occupancy-related income, deduct an agreed commission and paid expenses as
agreed prior, with him saying the difference was to be remitted to him on a
monthly basis.
“The accused
persons went for several months without remitting any income to me and this
prompted me to carry out some investigations in a bid to find out what was
happening to my property Valley Lodge (Pvt) Ltd.
“Through my
members of staff, namely George Mashonganyika, Lindiwe Sabeka and Michelle
Nongogo, I learnt that the CR14 of Valley Lodge (Pvt) Ltd and the signatories
to ZB Bank had been corruptly changed by the accused persons without my
knowledge as the sole shareholder of the company or that of the directors
namely, Ayoob Omar and Mohamed Hussein Omar,” he said.
“The boards of
Lizack and Valley Lodge have not sat or resolved that there be a change to the
directorship of the companies since December 10, 2008 as appears on the current
and legit Valley Lodge CR14.
“Any suggestion
of ownership, lease or occupation by anyone other than nominees duly appointed
by and representing myself is false and fraudulent and also an affidavit from
Omar, whom I bought the lodge from, confirms this position.”
Gono said he
suffered actual prejudice of ZWL$137 296 500 through unauthorised bank
withdrawals by the accused persons purportedly as salaries for themselves and
their Ark Properties employees and nothing was recovered, except apologies from
both Clark and Beverly, “which apologies do not wash away the fraud committed
by these two”.
He testified
that the verbal agreement was signed by both accused persons, adding: “They
would meet with my family. In some instances, it would be Clark Makoni. We
formed a group on WhatsApp, the main person was accused one.”
Gono said the
prejudice in place is around US$100 000 and since he is retired, he depends on
these investments.
He said the
accused persons’ interference with this business stressed him.
The former
Reserve Bank boss said in January 2024, Makoni apologised to him and they
drafted a proposal which outlined that he would pay back US$50 000.
He said Clark
brought his legal counsel, while he, Gono, was represented by two legal firms
when the draft proposal was done, saying they even took photos after smoking
peace pipe.
Gono said he
was surprised after Beverly refused to sign the proposal and that led to the
suit.
Omar, the
former owner of the property, also testified against the Makonis saying they
sold the company to Gono and not the couple.
Magistrate
Stanford Mambanje postponed the matter to July 11 and investigating officer
Eric Chacha, from the Zimbabwe Anti-Corruption Commission, is next to testify.
The State
alleges that the Makonis orchestrated a sophisticated scheme, beginning with
the forgery of a CR14 form.
This document,
central to the prosecution’s argument, purportedly appointed Clark as director
and company secretary of Valley Lodge, with Beverly designated as his deputy.
Further
accusations include the couple’s alleged misrepresentation to the bank, where
they falsely claimed to be new shareholders in a bid to change signatories to
Valley Lodge’s bank accounts.
The prosecution
firmly contends that through these fraudulent acts, the Makonis illicitly took
over the complainant’s company, gained unauthorised access to its bank
accounts, and ultimately embezzled the staggering ZWL$172 million. Newsday
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