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#MondayBlues: Mawere Challenges Masiyiwa in South African High Court

Strive Masiyiwa, founder and chairman of Econet Wireless Global Ltd., speaks during the annual Milken Institute Global Conference in Beverly Hills , California, U.S., on Monday, May 2, 2016. The conference gathers attendees to explore solutions to today's most pressing challenges in financial markets, industry sectors, health, government and education. Photographer: Patrick T. Fallon/Bloomberg via Getty Images

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.”

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