Friday, July 1, 2011

Interfin Banking Corporation producuct of illegal transaction


OUR REF: BC/pmd/44

Monday September 27, 2010

The Managing Director
Interfin Holdings (Pvt) Ltd
15th Floor, NSSA Building
Cnr Sam Nujoma St/Julius Nyerere Way
HARARE

Attention: Mr. R. Njanike

Dear Mr. Njanike

Re: GILBERT FARAI MUPONDA and ENG CAPITAL (PVT) LTD: INTEREST IN CFX FINANCIAL SERVICES (PVT) LTD

We refer to our letter dated August 27, 2010 as well as to other previous correspondence in this matter.

We confirm that our client right from the outset, has been challenging the manner in which ENG Capital (Pvt) Ltd’s shares in Century Bank were disposed of by the liquidator, Mr. R. Saruchera. In fact, our client challenged the transfer of the shares through High Court case No. H.C. 6244/04. His co-director, Mr. Nyasha Watyoka supported this court application. The main thrust of this court application was to block the sale and/or transfer of our client’s shares. Our client owned 309 million shares in Century Bank Limited. With respect, therefore, the assumption that our client does not have a legitimate claim is clearly misplaced. Please note that case number H.C. 6244/04, that was filed in the High Court at Harare in late May 2004 by our client’s then lawyer, the late Mr. Oscar Ziweni, is still pending. For your information and records, herewith we forward a copy of the full court application under case number H.C. 6244/04. Our understanding is that Century Holdings has since been effectively taken over by Interfin Holdings Limited. Further, we understand that Interfin Holdings (Pvt) Ltd assumed all the assets and liabilities of the Century Holdings Limited when they took over CFX Bank which itself had taken over the original Century Bank.

When Mr. Oscar Ziweni passed on, our client was left with no legal representation at that stage and around the same time, he was specified. Fearing for his life, our client had no option but to flee Zimbabwe. Mr. Ziweni died in a very mysterious circumstance and our client had every reason to fear that his own life was also in danger. This is the main reason why he fled Zimbabwe.

The process to have our client de-specified has since been set in motion and we are very confident that within the next few weeks, he will be formally de-specified.

You can be assured that our client will take this matter up with the courts in Zimbabwe as soon as he is formally de-specified.

Yours faithfully


B. CHIKOWERO (MR)
GUTU & CHIKOWERO

cc client

Sunday, June 26, 2011

Zimbabwe indigenization Program must aim at creating new wealth


Zimbabwe’s much publicised indigenization and economic empowerment program must aim at creating new wealth .The real solution is to grow the economy and in the process generate new wealth which in the process creates jobs and brings national prosperity.

Zimbabwe’s broad based black economic empowerment must not merely focus on correcting historical wrongs. It should be refined and become a pragmatic growth strategy that aims to realise the country's full economic potential while helping to bring the black majority into the economic mainstream which further creates a market for enterprises. The program must clearly identify individuals with potential who can be supported to build enterprises and businesses from scratch and create new wealth and jobs. The over focus on re-distributing current wealth only serves to bring disrepute to an otherwise very noble and necessary program.

There are several practical steps which need to be developed and followed to ensure the program becomes a resounding success which include skills development and access to Entrepreneurial infrastructure. The ownership, management, socioeconomic development and preferential procurement are critical areas of broad based economic empowerment program which need to be clarified and developed to ensure the program’s success without disrupting established businesses which are already employing thousand of people and contributing to the Treasury through corporate and income tax.

The rules of engagement of the Broad based Economic empowerment program must be well laid out in advance for all investors to understand. If done hap-hazardly the economy shrinks and more people go hungry because investors flee and the skills that we need also flee, we see that what we have inherited has turned to ash. A credible empowerment program must be aimed to ensure broader and meaningful participation in the economy by indigenous people to achieve sustainable development and national economic security.

In light of Globalization and dominance of Foreign Direct Investment and Sovereign Wealth Funds in distribution of capital it is imperative for the economic empowerment to be done within the confines of the law. Admittedly Zimbabwe has several attractive features such as mineral resources, educated labour force ,excellent weather etc but investors have multiple other potential investment destinations.

This means Zimbabwe still has to be competitive in attracting FDI and the economic empowerment program implementation needs to take into account international trends and internationally acceptable practices on dealing with empowerment matters. Zimbabwe and Zimbabweans should shun being associated with grabbing other peoples businesses or assets but should rather develop a reputation as being welcoming to investors who will help in creation of new wealth.The focus should be on creating wealth and not grabbing, seizing or looting.

It has been correctly noted that direct intervention in the distribution of assets and opportunities was needed to resolve the economic disparities created by historical colonial policies which had favoured white business owners and citizens at the expense of everyone else regardless of their education, skills or ambition . The World over BEE is intended to transform the economy to be representative of the demographics, specifically race demographics of the country in particular its racial make up must be reflected reasonably in the ownership of resources and access to opportunities.

There is need to avoid victimizing one section on the population even though it may have been a beneficiary of past ill-thought out and discriminatory policies of the past.

It has been observed and universally accepted that "Societies characterised by entrenched gender inequality or racially or ethnically defined wealth disparities are not likely to be socially and politically stable, particularly as economic growth can easily exacerbate these inequalities." Thus broad based economic empowerment initiative is a necessary and critical program which should be carried out in a transparent and accountable manner for the benefit of broad sections of society which were previously systematically excluded from the Economy.

Disclaimer

Prepared by GMRI Capital (www.gmricapital.com) for 3MG MEDIA (www.3mgmedia.ca). At GMRI Capital, we pride ourselves on the quality and depth of our research and analysis. This means digging deeper than our competition for information and generating more useful reports.

This article is provided "as is" for informational purposes only, not intended for trading purposes or advice. Prior to execution of any security trade, you are advised to consult your authorized financial advisor to verify the accuracy of all information. Neither GMRI Capital nor any independent provider is liable for any informational errors, incompleteness, or delays, or for any actions taken in reliance on information contained herein.

Contact Email ; gilbert@gmricapital.com

Face book ; http://www.facebook.com/GMRICAPITAL

Skype ; gilbert.muponda

Website ; www.gmricapital.com

Wednesday, June 22, 2011

Gilbert Muponda cleared by Interpol


CANADA – EXILED businessman and ENG Capital director Mr Gilbert Muponda has been cleared by the International Police Organisation and has been removed from the list of international fugitives. Muponda was issued with a clearance certificate through his Canadian lawyers, SVN law firm.

A letter written by the Interpol secretariat to Mr Muponda’s lawyer Mr Sunny Nnamdi Vincent reads: “The procedure in our letter dated 6 December, 2010 has been applied to the process of your request.
“We would like to inform you that the information concerning Mr Muponda communicated by Zimbabwe has been deleted from Interpol General Secretariat Files.”

Mr Muponda was put on the Interpol files after he skipped bail in 2004 when he was facing, together with ENG co-director, Nyasha Watyoka fraud allegations. He was issued with a warrant of arrest after he skipped bail.

The courts cleared the ENG directors in 2008 after it ruled that the case against them should proceed by way of summons.

Mr Muponda was also cleared while some of their assets were returned by a High Court ruling after ENG Capital that had been placed under voluntary liquidation cleared its debt.

He was de-specified two months ago. In a statement yesterday, Muponda, who is also challenging the acquisition of his shares in CFX Bank by Interfin Holdings welcomed the clearance by Interpol.

“The clearance certificate was issued to my Canadian lawyers SVN Law Office after they made an application based on the given facts that I was actually the victim who lost assets such as CFX Bank and my personal house 17 Chishawasha Road, Umwinsdale.

“All these assets were irregularly sold and investigations by Interpol confirmed that I was a victim and did not deserve to be on the list but rather deserved help and protection and assistance in recovering my assets which I am seeking to recover in particular CFX Bank,” he said.

He said the fact that various authorities had cleared him proved his innocence. “I have been cleared by Anti-Corruption Commission, the Home Affairs Ministry de-specified me recently and also the High Court of Zimbabwe confirmed my innocence and returned some of our assets.

“This clearance by a professional and respected organisation like Interpol totally confirms my innocence and I look forward to the return of my Bank CFX and its re-licencing,” Mr Muponda said.

Friday, June 10, 2011

Cautionary Statement - Trade in Interfin Banking Corporation Holdings Limited Shares


Dear Members of the Zimbabwe Stock Brokers Community,

I have well known ongoing dispute with Interfin Financial Holdings Limited.This ownership dispute is with regards to the Interfin's merger with CFX Bank and stripping CFX Bank Assets and then devise a fraudulent scheme to hide the stripping by Liquidating the CFX Bank shell. This has never happened anywhere in the world to capitalize a Bank,then merge with the Bank only to Liquidate it a few months later .

It shows there is something being hidden.Stock brokers must ask what is it thats being hidden..This is an attempt to escape paying $ 15.4 million which me and other ENG Capital contributories are claiming from Interfin on the strength of High court case HC 6244-04.Interfin took over CFX Bank despite clear advisory letters from my lawyers Gutu and Chikowero Attorneys At Law .Earlier Finance Bank of Zambia and Credit Suisse tried to buy CFX Bank but stopped when we advised them of our claim.They did their own due diligence and verifed the nature of our claim and were convinced of its legitimacy and they pulled out of the transaction.

However Interfin decided to ignore our advice and warning and proceeded to take over CFX Bank ,assets and liabilities.We have tried to avoid a public or prolonged dispute with Interfin by trying to talk to their Senior Directors,But this has been continously rebuffed.Interfin`s prior defence all along has been that I am specified and as such I have no legal rights.Now that I have been specified it goes withotu saying that Interfin should be aware of the natural steps which should follow.

As you maybe aware I was recently cleared of any wrong doing by the high court on 15 July 2010.In addition the Government of Zimbabwe has formally cleared me of any wrong doing.This has been confirmed by my De-specification by Co-Home Affairs Ministers Theresa Makone and Hon Kembo Mohadi on 29 April 2011.This has legally restored my rights and I filed a Notice of Opposition to the Proposed liquidation of CFX Bank on 17 May 2011.

The Notice was Served on Interfin and CFX Bank and Master of High Court.Essentially this action is the first step towards enforcing our claim of $ 15.4 million against Interfin or alternatively seek the reversal of the merger between Interfin and CFX Bank and remove any and all CFX Bank assets from Interfin or alternatively seek to convert the my claim into Interfin Equity.

Under normal circumstances Interfin Financial Holdings should have issued a cautionary statement to advise its shareholders of the legal action because it has a material impact on the Company`s position.However Interfin management has not done so and seem not to be in a hurry to do so.As members of the Stockbrokers community it is your responsibility to accurately and honestly advise the investing public on the Company`s prospects in face of this Notice of opposition.As Professional courtesy since I regard myself as a member of the Zimbabwe Investment Community I feel I have a fiduciary duty to alert fellow members of the Zimbabwe investment community of such a serious development.

I have attached Affidavit for HC 6244-04 and Affidavit opposing the CFX Bank liquidation for your records.Please feel free to contact either myself or my lawyers Gutu and Chikowero Attorneys at Law for any clarification.

Please be guided accordingly.

--
Gilbert Muponda,
Phone - 1-647-994-5542
http://www.facebook.com/gmricapital
http://twitter.com/engcapital
www.engcapital.ca

Sunday, June 5, 2011

Zimbabwe Sovereign Wealth Fund necessary for future generations.


The discovery of massive diamond reserves in Eastern Zimbabwe has created an economic windfall which should be managed properly for future generations to benefit. Zimbabwe has various other resources including Gold, Coal and platinum which is believed to be the second largest known reserve after South Africa. These resources a finite and can run out and as such the proceeds from these resources must be invested wisely in properly structured Institutions such as the Zimbabwe Sovereign Wealth Fund (ZSWF).

According to the Sovereign Wealth Fund Institute a Sovereign Wealth Fund (SWF) is defined as a state-owned investment fund composed of financial assets such as stocks, bonds, real estate, or other financial instruments funded by foreign exchange assets. Generally these assets include: balance of payments surpluses, official foreign currency operations, the proceeds of privatizations, fiscal surpluses, and/or receipts resulting from commodity exports. Sovereign Wealth Funds can be structured as a fund, pool, or corporation.

There are two major types of SWF funds: saving funds and stabilization funds. Stabilization SWFs are created to reduce the volatility of government revenues, to counter the boom-bust cycles' adverse effect on government spending and the national economy. Savings SWFs build up savings for future generations according to Wikipedia.

Traditionally SWF tend to prefer returns over liquidity, thus they have a higher risk tolerance than traditional foreign exchange reserves. This is in line with their goal to create long term value and build wealth for future generations who may not have the same mineral resources at their disposal.

In theory SWF have their origins in Commodities – funded through commodity exports, either taxed or owned by the government. And Non Commodities – Usually created via transfers of assets from official foreign exchange reserves. Zimbabwe’s Sovereign Wealth Fund would naturally be from commodities and exports of minerals and royalties from Diamonds ,Gold ,Platinum etc.

A few SWFs, such as the Government of Singapore Investment Corporation (GIC) and China Investment Corporation (CIC), invest wealth from fiscal surpluses or foreign currency reserves.

According to the Economist Magazine “The world’s largest sovereign-wealth fund belongs to the United Arab Emirates, whose Abu Dhabi Investment Authority manages assets worth $627 billion. No single Chinese fund is nearly as big: the chunkiest, the SAFE Investment Company, has holdings worth $347 billion. But taken together China’s sovereign funds are worth an estimated $831 billion, more than any other country’s holdings. Many of the biggest sovereign funds belong to oil exporters.”

Many emerging nations which have significant natural resources have turned to SWF as a way to broaden and deepen their capital markets. WF provide long term capital similar to what the National Social Security Authority (NSSA) has been able to do in Zimbabwe’s capital and money markets over the last decade. The ZSWF will have a critical role in ensuring that there are more deep pocketed Institutions in Zimbabwe with capacity to underwrite huge transactions whilst furthering national economic vision and goals.Some African countries as well such as Libya,Nigeria,Botswana and Mauritania have also developed and established SWFs.

SWF have historically been accused of being too secretive and lacking in transparency which the ZSWF should be structured to address and ensure it has the support of all stakeholders as it will be holding assets and resources on behalf of the nation including future generations. he fund structure should outline the Management composition, here and how funds can be invested.


Domestically, people want to know how their money is being invested, whereas internationally SWFs face challenges investing in companies that fear their motives may be politically driven. These are areas which need to be critically looked at before the ZSWF concept is fully implemented.

Disclaimer

Prepared by GMRI Capital (www.gmricapital.com) for 3MG MEDIA (www.3mgmedia.ca). At GMRI Capital, we pride ourselves on the quality and depth of our research and analysis. This means digging deeper than our competition for information and generating more useful reports.

This article is provided "as is" for informational purposes only, not intended for trading purposes or advice. Prior to execution of any security trade, you are advised to consult your authorized financial advisor to verify the accuracy of all information. Neither GMRI Capital nor any independent provider is liable for any informational errors, incompleteness, or delays, or for any actions taken in reliance on information contained herein.

Contact Email ; gilbert@gmricapital.com
Face book ; http://www.facebook.com/GMRICAPITAL
Skype ; gilbert.muponda
Website ; www.gmricapital.com

Saturday, June 4, 2011

Entrepreneurship should be formally included in Zimbabwe Education


Developing nations including Zimbabwe face an uphill struggle to develop their economies relying on foreign Entrepreneurs and multinational corporations which usually are controlled and owned institutions which may or may not assist in building entrepreneurial infrastructure in host nations.

Whilst Foreign Direct Investment is a welcome source of investment and development emerging economics such as Zimbabwe need to take immediate and firm steps to develop local entrepreneurs from a very early age. Individuals shouldn’t become Entrepreneurs by fluke or by chance. There is need to put national efforts and resources to develop entrepreneurs from early in life.

Zimbabwe and other emerging market should welcome FDI but should ensure that local population do not remain perennial cheap labour providers without any hope of ever graduating into shareholders and business owners.

The providers of FDI should be pro-active and seek to use local suppliers wherever possible as a way to support local Entrepreneurs to slowly enter the entrepreneurship ladder. In the long run such relationships build long-term stability for all stake holders including the foreign investors.

Entrepreneurship like any essential life skill can be learnt, developed and refined and this is best done from a very early stages in life. The Educational system in Zimbabwe like many other emerging countries which were once colonized was modelled upon their colonizers and the majority of the population was trained and groomed towards being employees and not potential employers. Its true not everyone can be an employer but its also accurate to say everyone must be given an opportunity to be a potential employer at a very early age.

Considering how nations are forming into regional groups such as Ecowas ,EU,NAFTA, SADC etc, which are essentially economic and political groupings meant to retain all economic activity within members between members its imperative for nations like Zimbabwe to develop comprehensive entrepreneurial based education models which can develop globally competitive Entrepreneurs. The challenge to be Globally competitive should be part of a National Economic Vision which is driven by local Entrepreneurs who would have been trained and groomed from a very early age.

Training teenagers about Entrepreneurship from an early age will teach them proper values such as the need to think long term and seek to build wealth over a sustained period without resorting to asset grabbing or looting already established businesses only to run them into the ground. Youngsters have to be trained on the ethics and spirit required to build a solid business which can be passed from one generation to the next based on proper corporate structures and systems.



Disclaimer

Prepared by GMRI Capital (www.gmricapital.com) for 3MG MEDIA (www.3mgmedia.ca). At GMRI Capital, we pride ourselves on the quality and depth of our research and analysis. This means digging deeper than our competition for information and generating more useful reports.

This article is provided "as is" for informational purposes only, not intended for trading purposes or advice. Prior to execution of any security trade, you are advised to consult your authorized financial advisor to verify the accuracy of all information. Neither GMRI Capital nor any independent provider is liable for any informational errors, incompleteness, or delays, or for any actions taken in reliance on information contained herein.

Contact Email ; gilbert@gmricapital.com
Face book ; http://www.facebook.com/GMRICAPITAL
Skype ; gilbert.muponda
Website ; www.gmricapital.com

Wednesday, June 1, 2011

The Original Zimbabwe Dollar Debate

When the GNU suspended the Zimbabwe dollar more than 2 years ago GMRI Capital wrote an opinion article opposing the idea on a purely academic,financial and economic basis.It was never about political but based on Economic needs of the country.The debate has raged on 2 years down the line but now its heated and GMRI Capital is now in a difficult position to back up what appears to be a very unpopular idea.

At GMRI Capital we have written extensively about the conditions needed for the Zimbabwe dollar this can be confirmed via simple google search.One of the occupational risks of being a Research analyst and being part of a Think tank sometimes you have to go against popular public opinion.This is normal because the ideas and research you generate maybe be slightly ahead of its time but is actually the correct thing to do.This is especially correct about the currency implementation as it is highly emotionally for many people and there are lots of vested interests competing.

Currency implementation is a long drawn out process as such it requires a broad based debate which is critical in confidence building as all stakeholders must be consulted and feel they are part of the whole process.The addition of Gold to back any currency can not replace sound economic policies and the respect of the rule of law which are the cornerstone of any strong currency.

Below is the full article done by GMRI Capital 2 years ago.Its been re-produced from Zimeye.org where it was originally published.


Published: May 5, 2009


Comment



(Analysis)Zimbabwe recently announced the official suspension of the Zimbabwe dollar for at least one year .The reason cited was that the currency was worthless and there was nothing to back up it value. In the same announcement there were indications that the currency may be re-introduced once the economy reaches about 60% of its capacity. However a full analysis of what led to the Zimbabwe dollar collapse and how the economy can recover shows that suspending the Zimbabwe dollar was in fact not the right thing to do.



The Zimbabwe dollar should have been left in circulation alongside other major currencies . In terms of Economic recovery the currency suspension make sit harder for the economy to recover but politically it may have served another purpose for the various- in fighting parties in the inclusive Government. Therefore the currency suspension move was more of a political tactic meant to starve off funding to one section of the government instead of aiding the economic recovery process .





Zimbabwe’s inflation was not caused by having a local currency. It was caused by excessive printing of the Zimbabwe dollar. So inflation could have been tamed by simply stopping the excessive currency printing. This would have partially stabilized the Zimbabwe dollar even though it would have remained weak due to a precarious balance of payment position .





The argument provided was that the Zimbabwe dollar was worthless because it lacked something to back it up would only have been correct and accurate if Zimbabwe was sticking to the Gold standard . This practice, before World War I, had been to link it to the sum of bullion held by the treasury (the so-called ‘gold standard’). It meant the Governments can only print enough money backed by actual /real gold reserves they held. But this was long abandoned by most countries including the USA which dumped the Gold standard around 1973 adopting the ‘FIAT MONEY’ .





Fiat money is paper or otherwise money declared by a government to be legal tender making it an acceptable medium to settle debts. The name comes from the Latin language fiat, which means -let it be done. Fiat or paper currency achieves value because a government accepts it in payment of taxes and says it can be used within the country as a “tender” (offering) to pay all debts . For this basic reason the circulation of the Zimbabwe dollar would have allowed the smooth functioning of the Government whilst the economy stabilizes .





The valuation of any currency has numerous variables which impact of the currency’s value and exchange rate .The value of a currency is affected by exports, imports, foreign currency reserves, balance of payment position ,economic activity and many other factors .





The market value of asset such as money is largely a reflection of supply and demand for that asset. And thus, when looking at assessing the value of a currency, we should try to gauge the supply of and demand for that particular currency. This directly answers Zimbabwe’s decline and its possible route out of the decline.





The money must not be printed and injected into the financial system haz-hazardly. If a certain quantity is printed and circulated without further unreasonable additional printing then that currency can be used as a medium to transact and allow the Government to function normally.





The currency will most likely remain weak but will not collapse like the previous currency if excessive printing is avoided. Once this is done other measures such as attracting foreign direct investments, privatizations and public sector investment programmes can be used to help bring additional stability to the currency. Over time confidence and economic productivity will pick up providing the necessary support which will result in currency appreciation .





As it is the government is failing to pay most civil servants which is kind of a self made problem partly from the suspension of the Zimbabwe dollar . Zimbabwe government workers can be paid in Zimbabwe dollars which they can use to pay for services from other Zimbabwe Government owned entities such as ZESA, NRZ ,TEL-ONE and others. This way slowly the Government can function providing a stimulus for economic activity .





The is need to simplify money supply concept to clarify the points above, it is crucial to note that under current monetary policy, money is created out of debt. This happens in two ways:

Firstly money is created when governments need to borrow, and central banks then print money and sell treasury bills and at times long term bonds. The key here is to make sure the central bank is accountable for the money printed through parliament and Treasury. Ensure currency integrity by making sure there isn’t clandestine currency printing .





Secondly through the fractional reserve system the money supply is then expanded again when banks loan money; banks are allowed to loan out amounts beyond what they actually hold in deposits and shareholder equity ( this is controlled through statutory reserves – lower statutory reserves means the banks can create more money) the money they have in deposits, and thus expand the money supply when they loan.





In recent weeks the prices in Zimbabwe have stabilized ,with some reports that prices are going down in certain products and commodities. The price stabilization coincided with official dollarization which was followed by the suspension of the Zimbabwe dollar. Hyperinflation in 2007 and 2008 made Zimbabwe’s currency virtually worthless despite the introduction of bigger and bigger notes, including a 10 trillion dollar bill which is possibly a world record.





Prices have stabilized or fallen since the government legalized the use of other currencies including the U.S. dollar in January. Supplies have improved for basics this is mainly due to the fact that all businesses are now allowed to use any major currency. However the removal of the Zimbabwe dollar does not serve any particular purpose .Instead it makes the Government lose a vital tool and resource to deliver service and help kick start economic activity.





Whilst some rough guidelines have been set on when the currency suspension can be lifted its clear that the Government has tied its own hands and curtailed its capacity to restore critical services .Therefore the currency suspension must be lifted sooner rather than later and allow the Government to properly function and deliver service to the people of Zimbabwe. Obviously there is need to put adequate controls and restrictions to ensure that the people who were responsible for excessive currency printing may not get a second chance to ruin the currency again.





Gilbert Muponda is an Entrepreneur based in Canada. He is CEO of GMRI CAPITAL. He can be reached at;

Email: gilbert@gilbertmuponda.com Skype ID: gilbert.Muponda

Twitter ; http://twitter.com/gmricapital

Phone: 1-416-841-5542

(ZimEye, Zimbabwe)




Published: May 5, 2009 - link http://www.zimeye.org/?p=4451

Friday, May 27, 2011

COMPLAINT TO The South African Institute of Chartered Accountants (SAICA)


The Chairman
ICAZ,
The South African Institute of Chartered Accountants (SAICA)
Capetown

27 May 2011


RE - CORRUPTION,FRAUD AND ABUSE OF OFFICE LETTER OF COMPLAINT TO The South African Institute of Chartered Accountants (SAICA)
AGAINST MR REGGIE SARUCHERA OF GRANT THORNTON CAMELSA ZIMBABWE

I would like to lodge an official complaint against a Member of The South African Institute of Chartered Accountants (SAICA) Mr Reggie Saruchera Managing Partner of Grant Thornton Camelsa, a member firm of Grant Thornton International on the corrupt and incompetent manner in which he handled the Liquidation of ENG Investments P/L. I would like the Institute of Chartered Accountants of Zimbabwe to investigate this and possibly review membership of Mr Saruchera and CAMELSA .I have reason to believe Mr Saruchera has violated The South African Institute of Chartered Accountants (SAICA) Charter and the Chartered Accountants Act under Zimbabwean law.


He conducted himself in a manner likely to bring the ICAZ into disrepute and make your esteemed organization subject to endless ridicule. It is my humble submission that Mr Saruchera’s membership of The South African Institute of Chartered Accountants (SAICA) be suspended pending the results of an investigation on his fraud, corruption and general dishonesty given how he scandalously handled the liquidation of ENG assets and abused his office by misleading the Minister of Justice to Specify me for 7 years only to be found innocent after all my assets had been stripped by Mr Saruchera.

A - Just to highlight his incompetence he sold my personal house number 17 Chishawasha Road, Chishawasha Hills, Umwinsdale Harare when he didn’t have Authority and whilst leaving Company assets which he later said were in excess to liabilities. If he was honest and competent he should have self Company assets first and if there was a shortfall he could then have gone after personal assets. But due to his corrupt nature ,incompetence and vindictiveness he chose to make me homeless by selling my home and residence leaving me homeless.

B - In addition Mr Reggie Saruchera Managing Partner of Grant Thornton Camelsa, a member firm of Grant Thornton International is at the centre of my dispute with Interfin Banking Corporation due to his corrupt and incompetent handling of the ENG liquidation. In particular his disposal of 309 million Century Holdings shares which we bought for Z$ 35 billion (then equivalent to approximately US $ 17.5 million ) and selling those shares for Z$ 2.9 billion ( then approximately equivalent to US $ 1,5 million).He sold the shares creating a loss of Z$ 32 billion (approximately $ US 16 million).This transaction had all hallmarks of corruption, insider trading and incompetence all rolled into one which forced me to initiate high court action HC 6244-04 . I have attached a copy of HC -6244 -04 which fully describes the fraud and corruption engineered by Mr Saruchera. This is totally unbecoming for a Chartered Accountant to be so blatantly corrupt and fraudulent when he had a fiduciary duty to protect all stakeholder interest. He totally ignored this duty and embarked on mission to line his pockets and in unjust self enrichment schemes selling assets at under priced levels to his relatives, friends and cronies.

Brief Back Ground
In late 2003 my business partner and myself were arrested on allegations of economic crimes which we were later cleared of resulting in my De-specification on 29 April 2011. In order for us get bail we secured the creditors by placing ENG Capital under voluntary liquidation. We and First Mutual Life the biggest creditors agreed on Mr Reggie Saruchera who was to protect our Interest and those interests of the creditors .A consent order was granted on the proviso that he was supposed to work in consultation with all stakeholders since he had been appointed with our consent under High court cases HC 244-04 and HC 145 - 04.


Mr Saruchera as a member of The South African Institute of Chartered Accountants (SAICA) had a fiduciary responsibility to act prudently, honestly and diligently. We all assumed that being a Chartered Accountant accredited to Institute of Accountants of Zimbabwe ( ICAZ) Mr Saruchera would act competently, professionally and reasonably. We were very disappointed by his level of incompetence, unprofessionalism ,unreasonableness and general corrupt conduct on how he handled the ENG Capital Investments liquidation.

In the first instance Mr Saruchera started by selling off ENG Assets before even verifying the Company’s liabilities and assets. He did not even construct a basic Trial Balance to guide the process and he started to sell assets hap-hazardly in a corrupt manner least expected of a man who claims to be a Chartered Accountant under the Institute of Chartered Accountants of Zimbabwe. Even an inexperienced book keeper would know that before selling assets you need to secure them and verify all claims before deciding what to sell and at what price.

1 - He sold assets which he didn’t have authority or permission to sell. We suspect he was getting kick backs from his connections who were getting these assets at completely unrealistic prices.

2 - He sold our personal assets even though he had not exhausted Company assets which he later on surrendered saying they were in excess to creditor requirements.

3 - He was cherrying picking our personal assets motivated by greedy, corruption and envy and selling these asset to his select connections whom we suspect were his friends, relatives and business associates.It appears his friends, relatives and business associates were directing him which assets to sell and at what price totally ignoring his fiduciary duties.

4 - For Example he sold my house number 17 Chishawasha Road ,Chishawasha to someone we have reason to believe is his close friend or relative yet he returned Allied Conveyors P/L and other assets to ENG Directors .Why would he sell my personal house leaving me homeless when he could have sold movable assets such as Allied Conveyors. Such actions only prove his corrupt and incompetent conduct which is totally unbecoming of a man who is supposed to be a Chartered Accountant in good standing with ICAZ.

5 - Once Mr Saruchera Managing Partner of Grant Thornton Camelsa, a member firm of Grant Thornton International was appointed Liquidator he took a very hostile and aggressive attitude towards us even though we had appointed him by consent to protect all stake holders. We agreed that the best way was to negotiate share swaps with creditors and give them shares which we owned in various companies instead of selling the shares because the share market was depressed. Our biggest creditor FML and others had agreed to get shares instead of cash in particular our shares in Century Bank were bought at a cost of $ 35 billion and were valued even higher since they were a controlling stake in a Bank

6 - We heard Rumours that Century Shares were being sold and we asked Mr Saruchera who initially denied the rumour. After a few days we then read in the newspaper that Mr Saruchera had sold 309 million CENTURY shares .Our lawyer then wrote to him seeking clarification on why he had sold the shares since he did not have permission to sell the shares and also since Creditors had agreed to receive shares instead of cash payments. We wrote to ZSE and to Fidelity asking for identity of buyer and seeking investigation because we suspected Mr Saruchera acted corruptly to sell the shares at 2,9 billion when we had bough the shares for $ 35 billion ( US17 $ million) (causing a loss of $ 32 billion or US $ 16 million).He sold them through a special bargain which showed he had a side deal already since he was supposed to sell the shares thru normal market deal which sells to the highest bidder.

7 - Special Bargains are pure symptoms of corruption and kick backs especially when assets are supposed to be sold to the highest bidder to ensure that Creditors are fully paid and any surplus goes to the

8 - Our lawyers asked the ZSE to stop the deal and investigate. This was ignored. We then started legal proceedings of High court case HC 6244-04 Seeking to stop the sale of the shares and remove Saruchera from office. Once Saruchera saw our court action he then could not defend his decision which was clearly corrupt and unjustifiable by selling something bought for $35 billion for $ 2.9 billion. He started to intimidate us with specification threats and also verbally saying he had full powers from "authorities" to deal with us as harshly as he wanted.

9 - After we filed the motion to remove Saruchera from office and stop the sale of the shares Saruchera then applied to the Minister of Justice for myself ,my business partner Nyasha Watyoka and our Lawyer to be specified. We were all specified and Saruchera appointed Investigator. Saruchera then became Liquidator and Investigator at the same time placing him in position of conflict of interest. As a Chartered Accountant governed by the Institute of Chartered Accountants he ought to have known such a position was bound to create a corrupt outcome and bring the accountant proffession into ridicule and disrepute.

10 - Mr Saruchera was selling assets which he was supposed to investigate even though there was already court application HC 6244-04 to stop the sales and remove him from office. There was conflict of interest with liquidator being investigator he became the Police, Prosecutor, Witness and Judge all rolled into one creating a situation without any check as to the fairness of the work he was doing.

11 - Various laws and regulations were violated in the process of disposing our shares in the Bank .There was a general cloud of corruption, insider dealing ,incompetence which I outlined in my High court application Case HC 6244-04 seeking to remove Mr Saruchera from office as Liquidator since he had started by selling our assets without even verifying how much we owed to the creditors as is required by the law and general good corporate governance practice

12 - My lawyer then told me I was not safe since he had information that there were people who were prepared to eliminate me so that they can have full access to the ENG assets which I was resisting through court action. In fear I then fled Zimbabwe and tried to clear my name and clarify the ENG position.

13 - Mr Saruchera then continued to sell assets and he even sold my personal house number 17 Chishawasha Road, Chishawasha this (left me homeless) even though he had not finished selling ENG assets he took my personal house whilst leaving ENG assets such as Allied Conveyors which he later returned but he sold my house instead of ENG assets showing he was being ,malicious ,vindictive and corrupt as I suspect most assets were being sold to his connections .

14 - The bank was sold even though there was a court application HC 6244-04 to block it. Interfin and many other buyers before them were buying an asset that was already disputed. They failed to do their proper due diligence to verify the ownership dispute. They inherited Century/CFX bank and took over its assets and liabilities which included our claim. This is the nature of my dispute with Interfin Bank.

15 - Interfin Bank have always known the illegal and corrupt nature surrounding the sale of those shares and assumed all risk linked to these shares and that Financial Institution which is well known.

My court claim HC 6244-04 filed at the is well known and was well publicised such that when the Finance Bank of Zambia and Credit Suisse of Switzerland attempted to buy CFX Bank I told them about my claim and they did their own checks and verified the legitimacy of the claim. They stopped the transaction since my claim was proved to be legitimate. This proved Mr Saruchera had acted improperly since a reputable organization did their own due diligence and ascertained my claim and my main allegation that Mr Saruchera acted fraudulently, corruptly and devised an unjust self enrichment scheme.

It goes without saying that all other clients of Mr Saruchera and Camelsa Grant Thornton will also be fleeced and ripped of by this man who is masquerading as a chartered accountant.

Yours Sincerely ,

Gilbert Muponda
Contact
Phone - 1-647-994-5542
Email - gilbert@gmricapital.com
Face Book - http://www.facebook.com/GMRICAPITAL

LETTER OF COMPLAINT TO GRANT THORNTON INTERNATIONAL AGAINST MR REGGIE SARUCHERA OF GRANT THORNTON CAMELSA ZIMBABWE

Grant Thornton
Grant Thornton International
National Toronto
12th Floor
50 Bay Street
Toronto, ON, M5J 2Z8



RE - LETTER OF COMPLAINT TO GRANT THORNTON INTERNATIONAL AGAINST MR REGGIE SARUCHERA OF GRANT THORNTON CAMELSA ZIMBABWE

I would like to lodge an official complaint against Mr Reggie Saruchera Managing Partner of Grant Thornton Camelsa, a member firm of Grant Thornton International on the corrupt and incompetent manner in which he handled the Liquidation of ENG Investments P/L. I would like Grant Thornton International to investigate this and possibly review its relationship with Mr Saruchera and CAMELSA especially in view I am finalizing legal action against Mr Saruchera and CAMELSA which will enjoin Grant Thornton International as the main entity supporting Mr Saruchera and his discredited operation .

A - Just to highlight his incompetence he sold my personal house number 17 Chishawasha Road, Chishawasha Hills, Umwinsdale Harare when he didn’t have Authority and whilst leaving Company assets which he later said were in excess to liabilities. If he was honest and competent he should have self Company assets first and if there was a shortfall he could then have gone after personal assets. But due to his corrupt nature ,incompetence and vindictiveness he chose to make me homeless by selling my home and residence leaving me homeless.

B - In addition Mr Reggie Saruchera Managing Partner of Grant Thornton Camelsa, a member firm of Grant Thornton International is at the centre of my dispute with Interfin Banking Corporation due to his corrupt and incompetent handling of the ENG liquidation. In particular his disposal of 309 million Century Holdings shares which we bought for Z$ 35 billion (then equivalent to approximately US $ 17.5 million ) and selling those shares for Z$ 2.9 billion ( then approximately equivalent to US $ 1,5 million).He sold the shares creating a loss of Z$ 32 billion (approximately $ US 16 million).This transaction had all hallmarks of corruption, insider trading and incompetence all rolled into one which forced me to initiate high court action HC 6244-04 . I have attached a copy of HC -6244 -04 which fully describes the fraud and corruption engineered by Mr Saruchera.This is totally unbecoming for a Chartered Accountant to be so blatantly corrupt and fraudulent when he had a fiduciary duty to protect all stakeholder interest. He totally ignored this duty and embarked on mission to line his pockets and in unjust self enrichment schemes selling assets at under priced levels to his relatives, friends and cronies.

Brief Back Ground
In late 2003 my business partner and myself were arrested on allegations of economic crimes which we were later cleared of resulting in my De-specification on 29 April 2011. In order for us get bail we secured the creditors by placing ENG Capital under voluntary liquidation. We and First Mutual Life the biggest creditors agreed on Mr Reggie Saruchera who was to protect our Interest and those interests of the creditors .A consent order was granted on the proviso that he was supposed to work in consultation with all stakeholders since he had been appointed with our consent under High court cases HC 244-04 and HC 145 - 04.


Mr Saruchera and Managing Partner of Grant Thornton Camelsa, a member firm of Grant Thornton International had a fiduciary responsibility to act prudently, honestly and diligently. We all assumed that being a Chartered Accountant accredited to Institute of Accountants of Zimbabwe ( ICAZ) Mr Saruchera would act competently, professionally and reasonably. We were very disappointed by his level of incompetence, unprofessionalism ,unreasonableness and general corrupt conduct on how he handled the ENG Capital Investments liquidation.

In the first instance Mr Saruchera started by selling off ENG Assets before even verifying the Company’s liabilities and assets. He did not even construct a basic Trial Balance to guide the process and he started to sell assets hap-hazardly in a corrupt manner least expected of a man who claims to be a Chartered Accountant. Even an inexperienced book keeper would know that before selling assets you need to secure them and verify all claims before deciding what to sell and at what price.

1 - He sold assets which he didn’t have authority or permission to sell. We suspect he was getting kick backs from his connections who were getting these assets at completely unrealistic prices.

2 - He sold our personal assets even though he had not exhausted Company assets which he later on surrendered saying they were in excess to creditor requirements.

3 - He was cherrying picking our personal assets motivated by greedy, corruption and envy and selling these asset to his select connections whom we suspect were his friends, relatives and business associates.It appears his friends, relatives and business associates were directing him which assets to sell and at what price totally ignoring his fiduciary duties.

4 - For Example he sold my house number 17 Chishawasha Road ,Chishawasha to someone we have reason to believe is his close friend or relative yet he returned Allied Conveyors P/L and other assets to ENG Directors .Why would he sell my personal house leaving me homeless when he could have sold movable assets such as Allied Conveyors. Such actions only prove his corrupt and incompetent conduct which is totally unbecoming of a man who is supposed to be a Chartered Accountant in good standing with ICAZ.

5 - Once Mr Saruchera Managing Partner of Grant Thornton Camelsa, a member firm of Grant Thornton International was appointed Liquidator he took a very hostile and aggressive attitude towards us even though we had appointed him by consent to protect all stake holders. We agreed that the best way was to negotiate share swaps with creditors and give them shares which we owned in various companies instead of selling the shares because the share market was depressed. Our biggest creditor FML and others had agreed to get shares instead of cash in particular our shares in Century Bank were bought at a cost of $ 35 billion and were valued even higher since they were a controlling stake in a Bank

6 - We heard Rumours that Century Shares were being sold and we asked Mr Saruchera who initially denied the rumour. After a few days we then read in the newspaper that Mr Saruchera had sold 309 million CENTURY shares .Our lawyer then wrote to him seeking clarification on why he had sold the shares since he did not have permission to sell the shares and also since Creditors had agreed to receive shares instead of cash payments. We wrote to ZSE and to Fidelity asking for identity of buyer and seeking investigation because we suspected Mr Saruchera acted corruptly to sell the shares at 2,9 billion when we had bough the shares for $ 35 billion ( US17 $ million) (causing a loss of $ 32 billion or US $ 16 million).He sold them through a special bargain which showed he had a side deal already since he was supposed to sell the shares thru normal market deal which sells to the highest bidder.

7 - Special Bargains are pure symptoms of corruption and kick backs especially when assets are supposed to be sold to the highest bidder to ensure that Creditors are fully paid and any surplus goes to the

8 - Our lawyers asked the ZSE to stop the deal and investigate. This was ignored. We then started legal proceedings of High court case HC 6244-04 Seeking to stop the sale of the shares and remove Saruchera from office. Once Saruchera saw our court action he then could not defend his decision which was clearly corrupt and unjustifiable by selling something bought for $35 billion for $ 2.9 billion. He started to intimidate us with specification threats and also verbally saying he had full powers from "authorities" to deal with us as harshly as he wanted.

9 - After we filed the motion to remove Saruchera from office and stop the sale of the shares Saruchera then applied to the Minister of Justice for myself ,my business partner Nyasha Watyoka and our Lawyer to be specified. We were all specified and Saruchera appointed Investigator. Saruchera then became Liquidator and Investigator at the same time.

10 - Mr Saruchera was selling assets which he was supposed to investigate even though there was already court application HC 6244-04 to stop the sales and remove him from office. There was conflict of interest with liquidator being investigator he became the Police, Prosecutor, Witness and Judge all rolled into one creating a situation without any check as to the fairness of the work he was doing.

11 - Various laws and regulations were violated in the process of disposing our shares in the Bank .There was a general cloud of corruption, insider dealing ,incompetence which I outlined in my High court application Case HC 6244-04 seeking to remove Mr Saruchera from office as Liquidator since he had started by selling our assets without even verifying how much we owed to the creditors as is required by the law and general good corporate governance practice

12 - My lawyer then told me I was not safe since he had information that there were people who were prepared to eliminate me so that they can have full access to the ENG assets which I was resisting through court action. In fear I then fled Zimbabwe and tried to clear my name and clarify the ENG position.

13 - Mr Saruchera then continued to sell assets and he even sold my personal house number 17 Chishawasha Road, Chishawasha this (left me homeless) even though he had not finished selling ENG assets he took my personal house whilst leaving ENG assets such as Allied Conveyors which he later returned but he sold my house instead of ENG assets showing he was being ,malicious ,vindictive and corrupt as I suspect most assets were being sold to his connections .

14 - The bank was sold even though there was a court application HC 6244-04 to block it. Interfin and many other buyers before them were buying an asset that was already disputed. They failed to do their proper due diligence to verify the ownership dispute. They inherited Century/CFX bank and took over its assets and liabilities which included our claim. This is the nature of my dispute with Interfin Bank.

15 - Interfin Bank have always known the illegal and corrupt nature surrounding the sale of those shares and assumed all risk linked to these shares and that Financial Instution which is well known.

My court claim HC 6244-04 filed at the is well known and was well publicised such that when the Finance Bank of Zambia and Credit Suisse of Switzerland attempted to buy CFX Bank I told them about my claim and they did their own checks and verified the legitimacy of the claim. They stopped the transaction since my claim was proved to be legitimate. Interfin Banking Corporation were fully aware that they were buying stolen property and are now in possession of stolen property which they should return.


Yours Sincerely ,

Gilbert Muponda
Contact
Phone - 1-647-994-5542
Email - gilbert@gmricapital.com
Face Book - http://www.facebook.com/GMRICAPITAL

Thursday, May 26, 2011

GILBERT FARAI MUPONDA and ENG CAPITAL (PVT) LTD: INTEREST IN CFX FINANCIAL SERVICES (PVT) LTD

OUR REF: BC/pmd/44



Monday September 27, 2010



The Managing Director

Interfin Holdings (Pvt) Ltd

15th Floor, NSSA Building

Cnr Sam Nujoma St/Julius Nyerere Way

HARARE



Attention: Mr. R. Njanike



Dear Mr. Njanike



Re: GILBERT FARAI MUPONDA and ENG CAPITAL (PVT) LTD: INTEREST IN CFX FINANCIAL SERVICES (PVT) LTD



We refer to our letter dated August 27, 2010 as well as to other previous correspondence in this matter.



We confirm that our client right from the outset, has been challenging the manner in which ENG Capital (Pvt) Ltd’s shares in Century Bank were disposed of by the liquidator, Mr. R. Saruchera. In fact, our client challenged the transfer of the shares through High Court case No. H.C. 6244/04. His co-director, Mr. Nyasha Watyoka supported this court application. The main thrust of this court application was to block the sale and/or transfer of our client’s shares. Our client owned 309 million shares in Century Bank Limited. With respect, therefore, the assumption that our client does not have a legitimate claim is clearly misplaced. Please note that case number H.C. 6244/04, that was filed in the High Court at Harare in late May 2004 by our client’s then lawyer, the late Mr. Oscar Ziweni, is still pending. For your information and records, herewith we forward a copy of the full court application under case number H.C. 6244/04. Our understanding is that Century Holdings has since been effectively taken over by Interfin Holdings Limited. Further, we understand that Interfin Holdings (Pvt) Ltd assumed all the assets and liabilities of the Century Holdings Limited when they took over CFX Bank which itself had taken over the original Century Bank.



When Mr. Oscar Ziweni passed on, our client was left with no legal representation at that stage and around the same time, he was specified. Fearing for his life, our client had no option but to flee Zimbabwe. Mr. Ziweni died in a very mysterious circumstance and our client had every reason to fear that his own life was also in danger. This is the main reason why he fled Zimbabwe.



The process to have our client de-specified has since been set in motion and we are very confident that within the next few weeks, he will be formally de-specified.



You can be assured that our client will take this matter up with the courts in Zimbabwe as soon as he is formally de-specified.



Yours faithfully



B. CHIKOWERO (MR)



GUTU & CHIKOWERO



cc client



cc The Business Editor



NewsDay



Harare



Attention: Mr. Munyaradzi Mugowo



(This is for your information. In the interest of fairness and balanced reporting, we hope and trust that your newspaper will carry a story that gives our client’s side of the story as set out in our letter to Interfin Holdings Limited).

Corruption and Incompetence perfected by Mr Reggie Saruchera of Grant Thornton Camelsa, of Grant Thornton International

Mr Reggie Saruchera of Grant Thornton Camelsa, of Grant Thornton International

refused to identify the buyer of our 309 million shares Century Shares whom we believe were his front, connection ,relative or business associates.



When I challenged him in court to identify the buyer instead of responding to court application he applied to the Minister of Justice to have me specified so that I could not challenge him.He applied for my specification maliciously so that he could corruptly dispose off ENG assets with any resistance.



This was a clear attempt to cover his corrupt and incompetent conduct.Mr Reggie Saruchera Managing Partner of Grant Thornton Camelsa, a member firm of Grant Thornton International is at the centre of this dispute with Interfin Banking Corporation due to his corrupt and incompetent handling of the ENG liquidation. In particular his disposal of 309 million Century Holdings shares which we bought for Z$ 35 billion (then equivalent to approximately US $ 17.5 million ) and selling those shares for Z$ 2.9 billion ( then approximately equivalent to US $ 1,5 million).He sold the shares creating a loss of Z$ 32 billion (approximately $ US 16 million).This transaction had all hallmarks or corruption, insider trading and incompetence all rolled into one which forced me to initiate high court action HC 6244-04 . Interfin Banking Corporation due to greed and unchecked appetite for risk thought wise to buy a looted asset which created the current dispute with ENG Capital.



 

Interfin Bank Corporation, Farai Rwodzi,,Raymond Njanike have always known of my claim of this bank since I personally wrote to them and my lawyers Gutu and Chikowero wrote to them well before they got involved and advised them of the dispute and the claim.



Due to greed, incompetence and lack of foresight Interfin Banking Corporation decided to buy what was clearly a stolen asset. And now they are in possession of stolen property which they bought knowing fully it was contested and stolen. For the avoidance of doubt below is one of the letters by my Lawyers Gutu and Chikowero to Interfin Managing Director on the matter.




OUR REF: BC/pmd/44



Monday September 27, 2010



The Managing Director

Interfin Holdings (Pvt) Ltd

15th Floor, NSSA Building

Cnr Sam Nujoma St/Julius Nyerere Way

HARARE



Attention: Mr. R. Njanike



Dear Mr. Njanike



Re: GILBERT FARAI MUPONDA and ENG CAPITAL (PVT) LTD: INTEREST IN CFX FINANCIAL SERVICES (PVT) LTD



We refer to our letter dated August 27, 2010 as well as to other previous correspondence in this matter.



We confirm that our client right from the outset, has been challenging the manner in which ENG Capital (Pvt) Ltd’s shares in Century Bank were disposed of by the liquidator, Mr. R. Saruchera. In fact, our client challenged the transfer of the shares through High Court case No. H.C. 6244/04. His co-director, Mr. Nyasha Watyoka supported this court application. The main thrust of this court application was to block the sale and/or transfer of our client’s shares. Our client owned 309 million shares in Century Bank Limited. With respect, therefore, the assumption that our client does not have a legitimate claim is clearly misplaced. Please note that case number H.C. 6244/04, that was filed in the High Court at Harare in late May 2004 by our client’s then lawyer, the late Mr. Oscar Ziweni, is still pending. For your information and records, herewith we forward a copy of the full court application under case number H.C. 6244/04. Our understanding is that Century Holdings has since been effectively taken over by Interfin Holdings Limited. Further, we understand that Interfin Holdings (Pvt) Ltd assumed all the assets and liabilities of the Century Holdings Limited when they took over CFX Bank which itself had taken over the original Century Bank.



When Mr. Oscar Ziweni passed on, our client was left with no legal representation at that stage and around the same time, he was specified. Fearing for his life, our client had no option but to flee Zimbabwe. Mr. Ziweni died in a very mysterious circumstance and our client had every reason to fear that his own life was also in danger. This is the main reason why he fled Zimbabwe.



The process to have our client de-specified has since been set in motion and we are very confident that within the next few weeks, he will be formally de-specified.



You can be assured that our client will take this matter up with the courts in Zimbabwe as soon as he is formally de-specified.



Yours faithfully



B. CHIKOWERO (MR)



GUTU & CHIKOWERO



cc client



cc The Business Editor



NewsDay



Harare



Attention: Mr. Munyaradzi Mugowo



(This is for your information. In the interest of fairness and balanced reporting, we hope and trust that your newspaper will carry a story that gives our client’s side of the story as set out in our letter to Interfin Holdings Limited).

Letter Sent to Interfin Banking Corporation MD Raymond Njanike

OUR REF: BC/pmd/44



Monday September 27, 2010



The Managing Director

Interfin Holdings (Pvt) Ltd

15th Floor, NSSA Building

Cnr Sam Nujoma St/Julius Nyerere Way

HARARE



Attention: Mr. R. Njanike



Dear Mr. Njanike



Re: GILBERT FARAI MUPONDA and ENG CAPITAL (PVT) LTD: INTEREST IN CFX FINANCIAL SERVICES (PVT) LTD



We refer to our letter dated August 27, 2010 as well as to other previous correspondence in this matter.



We confirm that our client right from the outset, has been challenging the manner in which ENG Capital (Pvt) Ltd’s shares in Century Bank were disposed of by the liquidator, Mr. R. Saruchera. In fact, our client challenged the transfer of the shares through High Court case No. H.C. 6244/04. His co-director, Mr. Nyasha Watyoka supported this court application. The main thrust of this court application was to block the sale and/or transfer of our client’s shares. Our client owned 309 million shares in Century Bank Limited. With respect, therefore, the assumption that our client does not have a legitimate claim is clearly misplaced. Please note that case number H.C. 6244/04, that was filed in the High Court at Harare in late May 2004 by our client’s then lawyer, the late Mr. Oscar Ziweni, is still pending. For your information and records, herewith we forward a copy of the full court application under case number H.C. 6244/04. Our understanding is that Century Holdings has since been effectively taken over by Interfin Holdings Limited. Further, we understand that Interfin Holdings (Pvt) Ltd assumed all the assets and liabilities of the Century Holdings Limited when they took over CFX Bank which itself had taken over the original Century Bank.



When Mr. Oscar Ziweni passed on, our client was left with no legal representation at that stage and around the same time, he was specified. Fearing for his life, our client had no option but to flee Zimbabwe. Mr. Ziweni died in a very mysterious circumstance and our client had every reason to fear that his own life was also in danger. This is the main reason why he fled Zimbabwe.



The process to have our client de-specified has since been set in motion and we are very confident that within the next few weeks, he will be formally de-specified.



You can be assured that our client will take this matter up with the courts in Zimbabwe as soon as he is formally de-specified.



Yours faithfully



B. CHIKOWERO (MR)



GUTU & CHIKOWERO



cc client



cc The Business Editor



NewsDay



Harare



Attention: Mr. Munyaradzi Mugowo



(This is for your information. In the interest of fairness and balanced reporting, we hope and trust that your newspaper will carry a story that gives our client’s side of the story as set out in our letter to Interfin Holdings Limited).

Wednesday, May 25, 2011

Mr Reggie Saruchera of Grant Thornton Camelsa, of Grant Thornton International When proffessionals act unprofessionally


Introduction
Mr Reggie Saruchera Managing Partner of Grant Thornton Camelsa, a member firm of Grant Thornton International is at the centre of my dispute with Interfin Banking Corporation due to his corrupt and incompetent handling of the ENG liquidation. In particular his disposal of 309 million Century Holdings shares which we bought for Z$ 35 billion (then equivalent to approximately US $ 17.5 million ) and selling those shares for Z$ 2.9 billion ( then approximately equivalent to US $ 1,5 million).He sold the shares creating a loss of Z$ 32 billion (approximately $ US 16 million).This transaction had all hallmarks or corruption, insider trading and incompetence all rolled into one which forced me to initiate high court action HC 6244-04 . Interfin Banking Corporation due to greed and unchecked appetite for risk thought wise to buy a looted asset which created the current dispute with ENG Capital.

Brief Back Ground
In late 2003 my business partner and myself were arrested on allegations of economic crimes which we were later cleared of resulting in my De-specification on 29 April 2011. In order for us get bail we secured the creditors by placing ENG Capital under voluntary liquidation. We and FML the biggest creditors agreed on Mr Reggie Saruchera who was to protect our Interest and those interests of the creditors .A consent order was granted this order meant he was supposed to work in consultation with all stakeholders since he had been appointed with our consent.


Mr Saruchera and Managing Partner of Grant Thornton Camelsa, a member firm of Grant Thornton International had a fiduciary responsibility to act prudently, honestly and diligently. We all assumed that being a Chartered Accountant accredited to Institute of Accountants of Zimbabwe ( ICAZ) Mr Saruchera would act competently, professionally and reasonably. We were very disappointed by his level of incompetence, unprofessionalism ,unreasonableness and general corrupt conduct on how he handled the ENG Capital Investments liquidation.

In the first instance Mr Saruchera started by selling off ENG Assets before even verifying the Company’s liabilities and assets. He did not even construct a basic Trial Balance to guide the process and he started to sell assets hap-hazardly in a corrupt manner least expected of a man who claims to be a Chartered Accountant. Even an inexperienced book keeper would know that before selling assets you need to secure them and verify all claims before deciding what to sell and at what price.

1 - He sold assets which he didn’t have authority or permission to sell. We suspect he was getting kick backs from his connections who were getting these assets at completely unrealistic prices.

2 - He sold our personal assets even though he had not exhausted Company assets which he later on surrendered saying they were in excess to creditor requirements.

3 - He was cherrying picking our personal assets motivated by greedy, corruption and envy and selling these asset to his select connections whom we suspect were his friends, relatives and business associates.It appears his friends, relatives and business associates were directing him which assets to sell and at what price totally ignoring his fiduciary duties.

4 - For Example he sold my house number 17 Chishawasha Road ,Chishawasha to someone we have reason to believe is his close friend or relative yet he returned Allied Conveyors P/L and other assets to ENG Directors .Why would he sell my personal house leaving me homeless when he could have sold movable assets such as Allied Conveyors. Such actions only prove his corrupt and incompetent conduct which is totally unbecoming of a man who is supposed to be a Chartered Accountant in good standing with ICAZ.

5 - Once Mr Saruchera Managing Partner of Grant Thornton Camelsa, a member firm of Grant Thornton International was appointed Liquidator he took a very hostile and aggressive attitude towards us even though we had appointed him by consent to protect all stake holders. We agreed that the best way was to negotiate share swaps with creditors and give them shares which we owned in various companies instead of selling the shares because the share market was depressed. Our biggest creditor FML and others had agreed to get shares instead of cash in particular our shares in Century Bank were bought at a cost of $ 35 billion and were valued even higher since they were a controlling stake in a Bank

6 - We heard Rumours that Century Shares were being sold and we asked Mr Saruchera who initially denied the rumour. After a few days we then read in the newspaper that Mr Saruchera had sold 309 million CENTURY shares .Our lawyer then wrote to him seeking clarification on why he had sold the shares since he did not have permission to sell the shares and also since Creditors had agreed to receive shares instead of cash payments. We wrote to ZSE and to Fidelity asking for identity of buyer and seeking investigation because we suspected Mr Saruchera acted corruptly to sell the shares at 2,9 billion when we had bough the shares for $ 35 billion ( US17 $ million) (causing a loss of $ 32 billion or US $ 16 million).He sold them through a special bargain which showed he had a side deal already since he was supposed to sell the shares thru normal market deal which sells to the highest bidder.

7 - Special Bargains are pure symptoms of corruption and kick backs especially when assets are supposed to be sold to the highest bidder to ensure that Creditors are fully paid and any surplus goes to the

8 - Our lawyers asked the ZSE to stop the deal and investigate. This was ignored. We then started legal proceedings of High court case HC 6244-04 Seeking to stop the sale of the shares and remove Saruchera from office. Once Saruchera saw our court action he then could not defend his decision which was clearly corrupt and unjustifiable by selling something bought for $35 billion for $ 2.9 billion. He started to intimidate us with specification threats and also verbally saying he had full powers from "authorities" to deal with us as harshly as he wanted.

9 - After we filed the motion to remove Saruchera from office and stop the sale of the shares Saruchera then applied to the Minister of Justice for myself ,my business partner Nyasha Watyoka and our Lawyer to be specified. We were all specified and Saruchera appointed Investigator. Saruchera then became Liquidator and Investigator at the same time.

10 - Mr Saruchera was selling assets which he was supposed to investigate even though there was already court application HC 6244-04 to stop the sales and remove him from office. There was conflict of interest with liquidator being investigator he became the Police, Prosecutor, Witness and Judge all rolled into one creating a situation without any check as to the fairness of the work he was doing.

11 - Various laws and regulations were violated in the process of disposing our shares in the Bank .There was a general cloud of corruption, insider dealing ,incompetence which I outlined in my High court application Case HC 6244-04 seeking to remove Mr Saruchera from office as Liquidator since he had started by selling our assets without even verifying how much we owed to the creditors as is required by the law and general good corporate governance practice

12 - My lawyer then told me I was not safe since he had information that there were people who were prepared to eliminate me so that they can have full access to the ENG assets which I was resisting through court action. In fear I then fled Zimbabwe and tried to clear my name and clarify the ENG position.

13 - Mr Saruchera then continued to sell assets and he even sold my personal house number 17 Chishawasha Road, Chishawasha this (left me homeless) even though he had not finished selling ENG assets he took my personal house whilst leaving ENG assets such as Allied Conveyors which he later returned but he sold my house instead of ENG assets showing he was being ,malicious ,vindictive and corrupt as I suspect most assets were being sold to his connections .

14 - The bank was sold even though there was a court application HC 6244-04 to block it. Interfin and many other buyers before them were buying an asset that was already disputed. They failed to do their proper due diligence to verify the ownership dispute. They inherited Century/CFX bank and took over its assets and liabilities which included our claim. This is the nature of my dispute with Interfin Bank.

15 - Interfin Bank have always known the illegal and corrupt nature surrounding the sale of those shares and assumed all risk linked to these shares and that Financial Instution which is well known.

16 - My court claim HC 6244-04 filed at the High court in Harare on 21 May 2004 is well known and was well publicised such that when the Finance Bank of Zambia and Credit Suisse of Switzerland attempted to buy CFX Bank I told them about my claim and they did their own checks and verified the legitimacy of the claim. They stopped the transaction since my claim was proved to be legitimate. Interfin Banking Corporation were fully aware that they were buying stolen property and are now in possession of stolen property which they should return.

Sunday, May 22, 2011

Notice of Opposition to CFX Bank liquidation attempt by Interfin Banking Corporation


Founding Affidavit opposing the Liquidation of CFX Bank Limited in terms of the Companies Act by Gilbert Muponda filed with the Master of High Court I, GILBERT MUPONDA, of the City of TORONTO,ONTARIO ,CANADA, MAKE OATH

AND SAY AS FOLLOWS:

swear or affirm that:

(A) - I know or believe the following facts to be true. If these facts are based on information from others,

(B) - I believe that information to be true.

(C) - I make this affidavit to oppose an application by -

INTERFIN BANKING CORPORATION’s parent Company INTERFIN FINANCIAL HOLDINGS LIMITED DIRECTORS AND CFX BANK LIMITED DIRECTORS AND CFX FINANCIAL SERVICES HOLDINGS LIMITED FOR LIQUIDATION OF CFX BANK LIMITED


BRIEF BACK GROUND

At all material times covered by these proceedings I have been the controlling shareholder of Century Bank Financial Holdings which I controlled through various investment vehicles and companies collectively known as ENG Capital .Century Bank Financial Holdings Limited was merged with CFX Bank and renamed CFX Bank and then merged with Interfin Merchant Bank resulting in formation of Interfin Banking Corporation. I have already filed HC 62 -6244-04 seeking the reversal of the first illegal merger between Century Bank and CFX Bank upon its completion will result upon the reversal of the Merger of Interfin and CFX Bank since Interfin on its own does not have any meaningful assets accept those stripped from my Bank which I owned through various investment vehicles generally known as ENG Capital Group.


When I opposed the first merger between Century Bank and CFX bank I was specified to tie my hands so that I could not legally challenge this illegal and irregular transaction. I was specified under the Prevention of Corruption Act whose purpose is to allow and investigation and also safeguard assets of the specified person so that no-one can sell, buy or dispose of these assets as they are under investigation.


I was specified on 28 May 2004. The specification order was revoked on 29 April 2011.This legally restores me to my pre-specification position and I seek to now proceed with HC -6244-04 .I have attached the original founding affidavit.

According to the Prevention of Corruption Act Assets of a specified person can not be sold ,bought or disposed of since those assets are under investigation and would be required as evidence in the legal proceedings. So you can not be investigating assets and at the same time selling those very same assets. The purpose of specifying a person is to facilitate investigations into the alleged corrupt activities. Section 10(2) specifically prohibits any person from dealing with the assets of a specified person. In terms of Section 10(7) of the Act to all transactions that we purportedly concluded during the period specification are null and void.


The purpose of specification is not to sell an individuals assets but to investigate so assets cant be sold whilst they are being investigated at the same. This is illegal and against natural justice and the Anti-Corruption Act.

When Interfin Bank illegally and irregularly took over my Bank CFX which was previously called Century Bank they used the excuse that I was specified so I couldn’t oppose the illegal transaction. Now that that my full legal rights have been restored I have already filed a motion to oppose the liquidation of CFX Bank and also reverse the Merger which created Interfin Banking Corporation.


1 - I do hereby place it on record that I wish to oppose the proposed liquidation of CFX Bank Limited. I will suffer irreparable financial damage exceeding US $ 15.4 million if the said liquidation goes ahead before finalization of the High Court case HC 6244-04 in which I am challenging the illegal and irregular sale of 309 million shares from Century Bank which was then merged to create CFX Bank which is now in liquidation in an attempt to escape paying the $ 15.4 million.


2 - I have an on-going dispute involving CFX Bank Limited and Interfin Banking Corporation and its holding Company.Mr Raymond Njanike the Managing Director of Interfin Bank has publicly acknowledged this dispute in the NewsDay Newspaper published on 27 September 2010 by Mr Munyaradzi Muguwo in addition to many other articles.Link http://www.newsday.co.zw/article/2010-09-27-muponda-scared-off-cfx-suitors-interfin


3 - Interfin Holdings Limited Director Mr Farai Rwodzi also publicly acknowledged this debt when he falsely claimed in the Newsday Newspaper of 25 August 2010 that Interfin had paid me US $ 5.3 million for my shares in Century / CFX Bank which were illegally and irregularly acquired. The link is herehttp://www.newsday.co.zw/article/2010-08-25-interfin-acquires-13-of-starafrica


4 - I denied this false statement and NewsDay Newspaper published a retraction a few days later.Upto this day Interfin have not paid me anything for my Bank which they took and rebranded Interfin Banking Corporation and now they are trying to liquidate it after stripping it of all assets.


5 - ENG Capital contributories ,shareholders and Directors and myself are claiming US$ 15.4 million being the 309 million shares multiplied by the share price of $ 0.05 which give the claim total of US $ 15.4 million.


6 - Interfin Banking Corporation Zimbabwe is a product of a fraudulent merger between Century Bank and CFX Bank which was subsequently renamed Interfin Banking Corporation after another irregular merger between Century/CFX Bank and Interfin Bank Zimbabwe.


7 - The liquidation of CFX Bank Limited should therefore be held back until such a time that HC 6244-04 is finalized. Interfin Bank Directors are seeking to hide their tracks and creating a very complex and complicated web of mergers and de-mergers and liquidations and re-structurings which will conceal their illegal and irregular take over of Century/CFX Bank assets.



8 - All these “fake mergers” were designed with the intention of concealing the initial fraudulent transfer of 309 million Century shares illegally and irregularly transferred into Century/CFX Bank then Interfin Banking Corporation. This illegal transfer is being challenged through High court case HC-6244-04.


9 - I have attached a copy of my original founding affidavit for High Court Case HC 6244 – 04 dated 21 May 2004.


10 - I have attached the supporting affidavit by my co-Director Nyasha Watyoka fully supporting my Original affidavit.


11 - The High Court Case is still before the Courts but it has been delayed since I am currently specified and as such have to seek permission from the Liquidator/Investigator to proceed with the action. However my court action HC 6244-04 is on the most part against the liquidator /Investigator it is therefore not possible to seek permission and approval from the same person you wish to take action against.


12 - I wish that the liquidation be delayed until such a time High Court deals with HC 6244-04.The liquidation is not urgent and I see no reason why it can not be put on hold pending the finalization of HC -6244-04.


13 - Proceeding with the liquidation before HC 6244-04 is finalized will cause me irreparable damage amounting to $ 15.4 million which I am seeking from CFX Bank Limited ,Interfin Holdings ,Interfin Directors and Shareholders jointly and severally each paying and absolving for the other.


14 - Interfin Banking Corporation Zimbabwe is a product of a fraudulent merger between Interfin Merchant Bank and CFX Bank which was subsequently renamed Interfin Banking Corporation after another irregular merger between Century/CFX Bank Limited and Interfin Bank Zimbabwe.


15 - Any further transaction or re-organization or restructuring will not change the facts that Interfin Banking Corporation has a disputed ownership due to the presence of CFX Bank assets in its DNA composition.


16 - If the merger was approved by all the regulatory Authorities then why would Interfin try to liquidate a Bank which it merged with. It clearly doesn’t make any sense to liquidate a Bank which has already been merged with another .


17 - Its not legally possible and its practically fictitious to claim to liquidate a Bank which has already merged with another resulting in the formation of a new entity.


18 - The so-called liquidation of CFX Bank is nothing but a fraud being perpetrated by Interfin Holdings Directors . There is no liquidation taking place whatsoever since all the CFX assets have already been “merged“ and transferred into the new entity now renamed Interfin Banking Corporation.


19 - This is an effort to hide the tracks of the original fraud which is being challenged under High Court case HC 6244-04.This is an effort to escape legitimate liabilities brought about by Interfin`s unwise and greed move of trying to grab CFX Bank assets.


20 - Interfin can not fully capitalize a Bank and then liquidate the same bank all within a year .According to another report titled Interfin Holdings Fully Capitalises CFX Bank Published on 13 January 2010 – http://allafrica.com/stories/201001130248.html .


21 - This does not add up and only provides further evidence that Interfin Banking Corporation are involved in fraudulent transaction and the various movements are meant to hide the tracks and cleanse an otherwise illegal and underhand deal.


22 - There can be no talk of liquidating CFX Bank since CFX Assets have been merged with Interfin and effectively transferred into Interfin Banking Corporation and rebranded Interfin Banking Corporation in an a deliberate fraudulent effort to hide the illegal take over of Century – CFX Bank assets and network.


23 - Specifically the assets below have been stripped from CFX Bank and transferred into Interfin Banking Corporation. IT and Computer Systems

- MoneyGram Money Transfer Franchise and System

- Branch Network

- Customers , clients and loan Book

- International Correspondent Bank Network

- Management and Staff

- Leases, Contracts and general goodwill

- Buildings and offices

- ZSE Listing Spot


24 - Interfin Bank Directors led by Messrs Farai Rwodzi and Raymond Njanike are getting increasingly desperate to hide their tracks on the illegal and irregular take over of Century – CFX Bank assets which were illegally transferred into Interfin Bank and rebranded Interfin Banking Corporation.


25 - Their lastest stunt of claiming to “liquidate“ CFX Bank is one such effort to conceal their fraudulent take over of Century – CFX Bank assets and stealthily transferring them into Interfin Bank and rename the resultant entity Interfin Banking Corporation.


26 - After claiming a successful merger as anticipated in this report by Dumisani Ndlela http://www.financialgazette.co.zw/companies-a-markets/4525-cfx-fs-to-lose-bank-for-bigger-entity.html in June 2010 only 9 months later CFX Bank now rebranded Interfin Banking Corporation is being liquidatedhttp://www.newsday.co.zw/article/2011-03-14-cfx-to-windup-operations .


27 - Interfin owes me and other contributories US 15.4 million for the 309 million shares fraudulently converted from Century Bank into CFX Bank then Interfin Banking Corporation. Interfin Bank Directors and Shareholders are trying to escape paying this liability by claiming CFX Bank is being liquidated.


28 - Interfin Holdings limited and Interfin Banking Corporation Directors continue to mislead the public and other stakeholders by devising fraudulent schemes as a way to avoid settling what is due to Gilbert Muponda and ENG Capital contributories, shareholders and Directors.


29 - The fraudulent attempt by Interfin Holdings Directors to mislead the investing public and depositors that the ownership dispute will disappear just because they are attempting to fake a liquidation of a Bank whose assets they have transferred into another entity is totally irresponsible and disingenuous .


30 - Interfin Banking Corporation Directors seem to be practizing moral flexibility whilst bending rules and regulations to conceal their prior knowledge of a legitimate claim which they with held informing their employers who are the Investing public who are protected by the ZIMBABWE STOCK EXCHANGE ACT Acts 27/1973, 24/1975, 15/1981, 20/1984; R.G.Ns 54/1975; 1135/1975, S.Is 468/1979, 236/1980.


31 - High Court Case HC-6244-04 was filed in 2004 and its still pending before the courts. Yet Interfin Banking Corporation Directors pretend there was never any challenge to their illegal and irregular grabbing of Century/CFX Bank.


32 - By will fully and deliberately misleading the Investing Public in violation of the ZSE Act Interfin Banking Corporation is an organization that has re-defined the definition of corruption , deceit and concealment of material information from Investing public and Regulatory Authorities.


33 - The liquidation of CFX Bank Limited should therefore be held back until such a time that HC 6244-04 is finalized. Interfin Bank Directors are seeking to hide their tracks and creating a very complex and complicated web of mergers and de-mergers and liquidations and re-structurings which will conceal their illegal and irregular take over of Century/CFX Bank assets.



34 - I make this affidavit in opposing the Liquidation of CFX bank Limited before High Court Case HC 6244-04 is finalized, and for no illegal or improper purpose.

Wednesday, May 18, 2011

Interfin Bank attempt to liquidate CFX Bank blocked by Gilbert Muponda Case HC 288-11


Founding Affidavit opposing the Liquidation of CFX Bank Limited in terms of the Companies Act by Gilbert Muponda served on Interfin Bank and CFX Bank and filed with the Master of High Court on 17 May 2011 AT HARARE

I, GILBERT MUPONDA, of the City of TORONTO,ONTARIO ,CANADA, MAKE OATH

AND SAY AS FOLLOWS:
swear or affirm that:

I know or believe the following facts to be true. If these facts are based on information from others,
I believe that information to be true.
I make this affidavit in relation to an application* by

Interfin Holdings Limited Directors and CFX Bank Limited Directors
For Liquidation of CFX Bank Limited.

When Interfin Bank illegally and irregularly took over my Bank CFX which was previously called Century Bank they used the excuse that I was specified so I couldn’t oppose the illegal transaction. Now that that my full legal rights have been restored I have already filed a motion to oppose the liquidation of CFX Bank and also reverse the Merger which created Interfin Banking Corporation.

According to the Prevention of Corruption Act Assets of a specified person can not be sold ,bought or disposed of since those assets are under investigation and would be required as evidence in the legal proceedings. So you can not be investigating assets and at the same time selling those very same assets. The purpose of specifying a person is to facilitate investigations into the alleged corrupt activities. Section 10(2) specifically prohibits any person from dealing with the assets of a specified person. In terms of Section 10(7) of the Act to all transactions that we purportedly concluded during the period specification are null and void.


1 - I do hereby place it on record that I wish to oppose the proposed liquidation of CFX Bank Limited. I will suffer irreparable financial damage exceeding US $ 15.4 million if the said liquidation goes ahead before finalization of the High Court case HC 6244-04 in which I am challenging the illegal and irregular sale of 309 million shares from Century Bank which was then merged to create CFX Bank which is now in liquidation in an attempt to escape paying the $ 15.4 million.

2 - I have an on-going dispute involving CFX Bank Limited and Interfin Banking Corporation and its holding Company.Mr Raymond Njanike the Managing Director of Interfin Bank has publicly acknowledged this dispute in the NewsDay Newspaper published on 27 September 2010 by Mr Munyaradzi Muguwo in addition to many other articles.Link http://www.newsday.co.zw/article/2010-09-27-muponda-scared-off-cfx-suitors-interfin3 - Interfin Holdings Limited Director Mr Farai Rwodzi also publicly acknowledged this debt when he falsely claimed in the Newsday Newspaper of 25 August 2010 that Interfin had paid me US $ 5.3 million for my shares in Century / CFX Bank which were illegally and irregularly acquired. The link is herehttp://www.newsday.co.zw/article/2010-08-25-interfin-acquires-13-of-starafrica4 - I denied this false statement and NewsDay Newspaper published a retraction a few days later. Upto this day Interfin have not paid me anything for my Bank which they took and re-branded Interfin Banking Corporation and now they are trying to liquidate it after stripping it of all assets.

5 - ENG Capital contributories ,shareholders and Directors and myself are claiming US$ 15.4 million being the 309 million shares multiplied by the share price of $ 0.05 which give the claim total of US $ 15.4 million.

6 - Interfin Banking Corporation Zimbabwe is a product of a fraudulent merger between Century Bank and CFX Bank which was subsequently renamed Interfin Banking Corporation after another irregular merger between Century/CFX Bank and Interfin Bank Zimbabwe.

7 - The liquidation of CFX Bank Limited should therefore be held back until such a time that HC 6244-04 is finalized.Interfin Bank Directors are seeking to hide their tracks and creating a very complex and complicated web of mergers and de-mergers and liquidations and re-structurings which will conceal their illegal and irregular take over of Century/CFX Bank assets.


8 - All these “fake mergers” were designed with the intention of concealing the initial fraudulent transfer of 309 million Century shares illegally and irregularly transferred into Century/CFX Bank then Interfin Banking Corporation. This illegal transfer is being challenged through High court case HC-6244-04.

9 - I have attached a copy of my original founding affidavit for High Court Case HC 6244 – 04 dated 21 May 2004.

10 - I have attached the supporting affidavit by my Co-Director Nyasha Watyoka fully supporting my Original affidavit.

11 - The High Court Case is still before the Courts but it has been delayed since I am currently specified and as such have to seek permission from the Liquidator/Investigator to proceed with the action. However my court action HC 6244-04 is on the most part against the liquidator /Investigator it is therefore not possible to seek permission and approval from the same person you wish to take action against.

12 - I wish that the liquidation be delayed until such a time High Court deals with HC 6244-04.The liquidation is not urgent and I see no reason why it can not be put on hold pending the finalization of HC -6244-04.

13 - Proceeding with the liquidation before HC 6244-04 is finalized will cause me irreparable damage amounting to $ 15.4 million which I am seeking from CFX Bank Limited ,Interfin Holdings ,Interfin Directors and Shareholders jointly and severally each paying and absolving for the other.

14 - Interfin Banking Corporation Zimbabwe is a product of a fraudulent merger between Interfin Merchant Bank and CFX Bank which was subsequently renamed Interfin Banking Corporation after another irregular merger between Century/CFX Bank Limited and Interfin Bank Zimbabwe.

15 - Any further transaction or re-organization or restructuring will not change the facts that Interfin Banking Corporation has a disputed ownership due to the presence of CFX Bank assets in its DNA composition.

16 - If the merger was approved by all the regulatory Authorities then why would Interfin try to liquidate a Bank which it merged with. It clearly doesn’t make any sense to liquidate a Bank which has already been merged with another .

17 - Its not legally possible and its practically fictitious to claim to liquidate a Bank which has already merged with another resulting in the formation of a new entity.

18 - The so-called liquidation of CFX Bank is nothing but a fraud being perpetrated by Interfin Holdings Directors . There is no liquidation taking place whatsoever since all the CFX assets have already been “merged“ and transferred into the new entity now renamed Interfin Banking Corporation.

19 - This is an effort to hide the tracks of the original fraud which is being challenged under High Court case HC 6244-04.This is an effort to escape legitimate liabilities brought about by Interfin`s unwise and greed move of trying to grab CFX Bank assets.

20 - Interfin can not fully capitalize a Bank and then liquidate the same bank all within a year .According to another report titled Interfin Holdings Fully Capitalises CFX Bank Published on 13 January 2010 – http://allafrica.com/stories/201001130248.html .

21 - This does not add up and only provides further evidence that Interfin Banking Corporation are involved in fraudulent transaction and the various movements are meant to hide the tracks and cleanse an otherwise illegal and underhand deal.

22 - There can be no talk of liquidating CFX Bank since CFX Assets have been merged with Interfin and effectively transferred into Interfin Banking Corporation and rebranded Interfin Banking Corporation in an a deliberate fraudulent effort to hide the illegal take over of Century – CFX Bank assets and network.

23 - Specifically the assets below have been stripped from CFX Bank and transferred into Interfin Banking Corporation. IT and Computer Systems
- MoneyGram Money Transfer Franchise and System
- Branch Network
- Customers , clients and loan Book
- International Correspondent Bank Network
- Management and Staff
- Leases, Contracts and general goodwill
- Buildings and offices
- ZSE Listing Spot

24 - Interfin Bank Directors led are getting increasingly desperate to hide their tracks on the illegal and irregular take over of Century – CFX Bank assets which were illegally transferred into Interfin Bank and rebranded Interfin Banking Corporation.

25 - Their lastest stunt of claiming to “liquidate“ CFX Bank is one such effort to conceal their fraudulent take over of Century – CFX Bank assets and stealthily transferring them into Interfin Bank and rename the resultant entity Interfin Banking Corporation.

26 - After claiming a successful merger as anticipated in this report by Dumisani Ndlela http://www.financialgazette.co.zw/companies-a-markets/4525-cfx-fs-to-lose-bank-for-bigger-entity.html in June 2010 only 9 months later CFX Bank now re-branded Interfin Banking Corporation is being liquidatedhttp://www.newsday.co.zw/article/2011-03-14-cfx-to-windup-operations .

27 - Interfin owes me and other contributories US 15.4 million for the 309 million shares fraudulently converted from Century Bank into CFX Bank then Interfin Banking Corporation. Interfin Bank Directors and Shareholders are trying to escape paying this liability by claiming CFX Bank is being liquidated.

28 - Interfin Holdings limited and Interfin Banking Corporation Directors continue to mislead the public and other stakeholders by devising fraudulent schemes as a way to avoid settling what is due to Gilbert Muponda and ENG Capital contributories, shareholders and Directors.

29 - The fraudulent attempt by Interfin Holdings Directors to mislead the investing public and depositors that the ownership dispute will disappear just because they are attempting to fake a liquidation of a Bank whose assets they have transferred into another entity is totally irresponsible and disingenuous .

30 - Interfin Banking Corporation Directors seem to be practising moral flexibility whilst bending rules and regulations to conceal their prior knowledge of a legitimate claim which they with held informing their employers who are the Investing public who are protected by the ZIMBABWE STOCK EXCHANGE ACT Acts 27/1973, 24/1975, 15/1981, 20/1984; R.G.Ns 54/1975; 1135/1975, S.Is 468/1979, 236/1980.

31 - High Court Case HC-6244-04 was filed in 2004 and its still pending before the courts. Yet Interfin Banking Corporation Directors pretend there was never any challenge to their illegal and irregular grabbing of Century/CFX Bank.

32 - By will fully and deliberately misleading the Investing Public in violation of the ZSE Act Interfin Banking Corporation is an organization that has re-defined the definition of corruption , deceit and concealment of material information from Investing public and Regulatory Authorities.

33 - The liquidation of CFX Bank Limited should therefore be held back until such a time that HC 6244-04 is finalized. Interfin Bank Directors are seeking to hide their tracks and creating a very complex and complicated web of mergers and de-mergers and liquidations and re-structurings which will conceal their illegal and irregular take over of Century/CFX Bank assets.


34 - I make this affidavit in opposing the Liquidation of CFX bank Limited before High Court Case HC 6244-04 is finalized, and for no illegal or improper purpose.