STAKEHOLDERS have voiced concern over the calibre of councillors that sit in the assembly of the Zimbabwe Football Association (ZIFA), with the majority of them questioning their suitability to make informed decisions.
But few know the extent of the damage these 58 councillors inflict on the beautiful game of soccer by their lack of knowledge of issues, leaving ZIFA and its assets exposed to abuse.
Many are still wondering how the Feb 17 AGM did not prosecute the sale of ZIFA property at 100 Kensington, but were quick to adopt the audited account for 2016, despite them being classified as qualified by reputable auditors, Baker Tilly Gwatidzo. Investigations, encompassing court records have revealed perhaps the biggest football scandal in the history of our domestic involving its assets.
The ZIFA house at stand 100 Kensington measuring 2815 m2 was sold by the Sheriff of the High Court on the 5th of December 2016 (exactly a year after Chiyangwa became ZIFA President).
The highest bidder for the property was Maxwell Ndudzo who purchased it at the sum of $61 000. On 24 May 2017, the Sheriff declared and confirmed the highest bidder Maxwell Ndudzo to be the purchaser and he duly deposited the said amount into the Sheriff’s CBZ bank account after which he signed an agreement of sale with the Sherriff on June 8, 2017. Investigations show Maxwell Ndudzo is related to Itayi Ndudzo, the ZIFA lawyer.
Ushewokunze Law Chambers who were appointed as conveyancers then wrote to Harare City Council inquiring about the rates payable for transfer of ownership to be done. The Harare City Council responded saying its records show that the property was transferred or is now owned by a company called Olive Touch Investments PVT LTD and not ZIFA.
Ushewokunze Law Chamber then wrote to the Sheriff on the 23rd of June 2017 requesting clarification on this matter. On the 26th of June 2017 the Sheriff wrote to the Deeds Office to urgently provide information on how the property was transferred to Olive Touch Investments PVT LTD on DEED OF TRANSFER No 1463/2017. It now appears that the property was transferred from ZIFA to Olive Touch Investments PVT LTD under DEED OF TRANSFER No 1463/2017 dated 4 April 2017.
The ZIFA house in Kensington has been under judicial attachment since 2015 to the extent that no alienation or disposal by ZIFA or other third party could be legally done without the knowledge and consent of the Sheriff and the participating judgement creditors, as is the case now.
The transfer was phoney and clearly meant to defeat the Sheriff’s attachment and sale in execution raising questions as to how the transfer from ZIFA to Olive Touch was executed. Herein are the details:
*Bernard Gwarada, owner of LED Travel Tours and one of ZIFA creditors and former board member finance, pulled out of the meeting with the Sheriff and other creditors and entered into an Agreement of Sale with ZIFA, using a company called Olive Touch Investments, as an out of court settlement without the knowledge of the Sheriff. He was owed $209 460 by ZIFA yet he agreed to lose $49 460. Why?
*Investigations show that the directors of Olive Touch Investments are related to Gwarada and are employed at LED Travel Tours one of them, Muzarurwi Masimba, confirmed that he did not know anything about this company nor the purchase and transfer of the said property despite being said to have paid $160 000 to Marshal Jonga, as director of ZIFA PVT LTD. The amount was the purchase price.
* A DEED OF TRANSFER done at the office of the Registrar of DEEDS on the 4th of April 2017 confirmed the transfer from ZIFA to Olive Touch.
*Donvant Moyo, a legal practitioner from Ngarava, Moyo and Chikono Legal Practitioners appeared before the Registrar of DEEDS, being duly authorised thereto by a power of attorney granted to him by Jonga on the 29th of March 2017, he being duly authorised thereto under and by virtue of a resolution of the Board of Directors of ZIFA PVT LTD, passed at Harare on the 15th of September 2016.
*Attorney Donvant Moyo declared that ZIFA PVT LTD had truly and legally sold, and that he, in his capacity as attorney of ZIFA PVT LTD, does transfer the property to Olive Touch PVT LTD.
*The Registrar together with attorney Donvant Moyo subscribe to these presents and caused the seal of office to be affixed hereto after acknowledging that the whole of the purchase price of $160 000 has been paid or secured.
So what happens to Maxwell Ndudzo who bought the same property through Sherriff and is already living with his family at the address or how will Gwarada through his Olive Touch Investments also get to live or access the same property? And where is Itayi Ndudzo in all this as ZIFA lawyer?
ZIFA (PvT) Ltd was established in 1982 with directors, Frank Valdemarca (09.12.82) and Ismail Kassim (03.07.2002) as directors and acquired properties – ZIFA House, ZIFA Village, 100 Kensington Rd and ZIFA Bulawayo office.
But court records show that Jonga (address – 31 Cleveland Ave, Greendale) replaced Valdemarca on the board on Aug 30, 2016, the same day Phelimon Machana (11 Colchester Ave, Avondale), who is a Zifa execo member is said to have replaced Kassim. On both cases, there are no resignation letters as claimed nor minutes of a board meeting. Both Kassim and Valdemarca profess ignorance of their resignations.
The change of Directors was signed by Jonga on the 8th of September 2016 and registered on the 28th of September 2016 by Clear Horizons PVT LTD as company secretary. ZIFA PVT LTD is a company whose address of service, according to the company registrar’s records is c/o Clear Horizon PVT LTD, Throgmonton House, 51 Samora Machel Ave, Harare Inc No 806/2004.
Interestingly, the ZIFA AGM of February 17 resolved to remove Jonga as a director of ZIFA Pvt Ltd and replaced him with Gladmore Muzambi of the ZIFA Referees Committee. Machana was retained, although his selection to the board was never done by the Congress, according to the Zifa constitution.
Many councillors only got to know about that on that day and do not have any more information about all that Jonga did since Chiyangwa became Zifa President.
This is a serious matter this ZIFA assembly cannot handle. It needs real state apparatus like ZACC to deal with. Sad, the term of office for Congress ended and that of the Execo is ending in 21 days.
Who will prosecute this or bring Chiyangwa to account for this scam? Are we not going to see a ballroom explosion as there are fears and unconfirmed reports that even 53 Livingstone Avenue, the real home of ZIFA, has been sold under similar circumstances. More details about that later…..
In fact, reports that Chiyangwa said ZIFA will not leave 160 Enterprise, give credence to such fears. More so, the Financials for 2016 presented and adopted at AGM show that ZIFA entered into a MOU with Kilima to be tenants at the above address until the expiry in 2021. Chiyangwa could still sue for breach, if ZIFA decide to leave and stop paying the agreed rate as contained in the lease agreement.Fraud at ZIFA Pvt Ltd
Clear Horizon PVT LTD, registered just 39 days after Chiyangwa rose to power is involved in a fraudulent act by changing the directors without following due process. Valdemarca, who has been living in the US for years now, has no knowledge that he resigned while Kassim who is in Harare, never wrote a resignation letter nor attended any meeting at which such a resolution was made. So, how was the directorship changed? During the same period no AGM or EGM of ZIFA was ever held.
Jonga is Philip Chiyangwa’s employee and deputy chairman of Beach Football. In view of the new appointments, it is also necessary to check how Jonga obtained authority from the “board” to represent ZIFA PVT LTD when there is no board to talk about. Is this not a scam or scheme or both?
It is very clear that ZIFA and ZIFA PVT LTD cannot be separated, but Jonga made oath stating the following that: “ZIFA PVT LTD is a commercial company duly registered under registration number 1236/1982 and incorporated in accordance with the laws of Zimbabwe.
Therefore ZIFA PVT LTD has a separate legal personality capable of acquiring and disposing of property or to sue or be sued in its own name. The two are completely different entities with separate legal personalities and functions as well as separate mandates. The directors of ZIFA PVT LTD are not part of the presidium of ZIFA. ”The title deed is registered in the name of ZIFA PVT LTD and not ZIFA. The title deed is legally, conclusive proof of ownership of the property and that right is enforceable against the whole world.
ZIFA consolidated financial statements of 2016 states that:
*ZIFA PVT LTD is a subsidiary and special purpose entity of ZIFA.
*All four properties under ZIFA PVT LTD are ZIFA properties as they appear in the Financial Report 2016 prepared and approved by the ZIFA Board and signed on its behalf by Philip Chiyangwa, ZIFA President and Mr Philemon Machana, execo responsible for finance, under Property and Equipment section, titled Buildings and Investment Property. ZIFA Buildings average useful life have been assessed to 40 years and are currently valued at $1 391 200.
So, who if not the Zifa Congress, gave Jonga the authority to sell the Kensington House? How did he get the authority to give power of attorney to a lawyer without the authority of board? Jonga is only Chiyangwa’s employee and hold no position in football?
But remember Zifa gave Hansporte, a company fronted by Jonga, $50 000 to renovate ZIFA Village, which is owned by ZIFA Pvt Ltd. Hansporte is Chiyangwa’s company awarded a tender to run the Village, the same company that declared no earning in the 2016 financial accounts despite hosting most coaching clinics.