South African based Zimbabwean Business man Mr Mutumwa Mawere has filed a court challenge in South African high court, against Econet Wireless founder Mr Strive Masiyiwa, over a rescission of a default order granted on the 24th of March 2020, by his lordship Honourable Judge Mahapelo.
In his challenge, Mawere insists that Mr Masiyiwa ran away from Zimbabwe over improper business conduct and was facing a hearing before leaving the country.
The order is being challenged on the basis that such an order was granted in the absence of the applicant or alternatively, based on common law on the ground that the order was tainted by common fraud , fraudulent concealment ,non disclosure , recklessness and or gross misrepresentation amounting to fraud .
Mutumwa Mawere challenges that his matter is against Strive Masiyiwa in his personal capacity, not Econet Wireless Zimbabwe, South Africa or group, Mawere states that Strive Masiyiwa fled Zimbabwe to avoid “justified” criminal prosecution when
“in truth and fact, the evidence of fraud against the fourth respondent was overwhelming and compelling, that prior to running away the fourth respondent arrest was imminent when it is true and correct that the fourth respondent did run away from Zimbabwe after he unsuccessfully tried to interdict the publication and distribution of a report by a commission of inquiry established to investigate the serious allegations of fraud against him.
In his affidavit Mawere alleges that Masiyiwa fraudently acquired Econet.
“Mr Mawere claims that Strive Masiyiwa left Zimbabwe following Mrs Masiyiwa’s court application intended to interdict the investigations that Mr Mawere was heading in relation to corruption allegations against some certain officers working for first mutual life (FML) especially in respect of an unauthorized investment of $ZWL 180 million that resulted in Mr Masiyiwa gaining control of Econet.”