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Full text of Gono vs Kereke exchanges in court

Reserve Bank of Zimbabwe governor Gideon Gono last month filed a US$25 million lawsuit against Dr Munyaradzi Kereke, a former adviser that he sacked from the Central Bank in February. Below is the full text of Kereke’s response to the lawsuit.

Munyaradzi Kereke vs Gideon Gono: Its War
Munyaradzi Kereke vs Gideon Gono: Its War

IN THE HIGH COURT OF ZIMBABWE                                          CASE NO HC 9255/12

HELD AT HARARE

In the matter between:

DOCTOR GIDEON GONO                                                                 PLAINTIFF

And

MUNYARADZI KEREKE                                                                  DEFENDANT

 

DEFEDANT’S REQUEST FOR FURTHER PARTICULARS

To enable the Defendant to plead, the Plaintiff is requested to supply the following further particulars;

 

  1. 1.     Ad Para 2.1

Source of Document

i)                   Where did the Plaintiff get the copy discovered as Annexure “GG1”” as attached to the founding Affidavit?

ii)                 Is it being alleged that the Plaintiff did not get the said letter as sent directly to him by the Defendant as the Plaintiff’s private and confidential letter? 

  1. 2.     Ad Para 2.2 

Publication

(i)                Is it being alleged that the Defendant published the letter to the various internet publications? If so please provide the strict proof.

  1. 3.     Ad Para 2.3.1

Theft of Public Funds

(i)                It is being alleged that Plaintiff never used funds belonging to the Reserve Bank of Zimbabwe for own gain in a fraudulent manner?

(ii)              It is being alleged that the Plaintiff never bought real estate properties for own use using Reserve Bank of Zimbabwe money in a fraudulent way?

(iii)            It is being alleged that the Plaintiff did not borrow in excess of US$35 million from banks he is supposed to supervise and secured those loans with assets bought using RBZ funds?

Plaintiff’s Collateral At Banks

(iv)            Please provide a full list of assets that were pledged as collateral by the Plaintiff in the borrowings he did personally and those by New Donnington Farm, Riamai Tidye and Lunar Chickens all of which are operations the Plaintiff has direct control and interests of. If such assets serving as collateral are shelf companies, please declare who the directors are and when they bought those assets. Please provide proofs on how these assets serving as collateral were paid for.

Accounting Firms

(v)              Is it being alleged that the Plaintiff did not give Ernst and Young Auditors mandates to handle his financial affairs?

(vi)            Is it being alleged that the Plaintiff never persuaded Deloitte and Touche auditors to stop investigating irregularities they had picked in the Reserve Bank of Zimbabwe’s books?

Lawyer of Asian Origin

(vii)          Is it being alleged that the Plaintiff never assigned the Defendant to sign papers being handled by Mr Kassim, in his capacity as Legal Counsel for the Plaintiff?

(viii)        Is it being alleged that Mr Kassim the lawyer never carried out conveyancing and company secretarial work for the Plaintiff in relation to assets bought using Reserve Bank of Zimbabwe money?

Plaintiff’s Multi-million Dollar Residency

(ix)            Is it being alleged that the Plaintiff’s multi-million dollar residence in Borrowdale was all built from the Zimbabwe Dollar housing loans from the Reserve Bank of Zimbabwe? Please provide details of the Zimbabwe dollar loan(s) that were issued by the Reserve Bank of Zimbabwe to the Plaintiff for the purpose of constructing his multi-million dollar residence in Borrowdale.

(x)              What is the current value of the Borrowdale property which the Plaintiff constructed?

  1. 4.     Ad Para 2.3.2

Theft of US$6.5 million from the Reserve Bank of Zimbabwe

(i)                 Is it being alleged that the Plaintiff did not directly play a part in the Reserve Bank of Zimbabwe’s loss of US$6,5 million via a company called Saltlakes?

(ii)               Is it being alleged that the issue of US$6.5 million is not under police investigation as a serious fraud matter?

(iii)             Is it being alleged that the Zimbabwe Republic Police never advised the Reserve Bank of Zimbabwe and the Plaintiff that it was false that Saltlake’s tobacco had been stolen and rain damaged?

(iv)             Is it being alleged that the Reserve Bank of Zimbabwe did not effectively incur losses in its audited financial accounts as a result of the write off of the lost amount through Saltlakes?

(v)               Is it being alleged that the Plaintiff never used Mr Temba Mliswa as his personal gym trainer and that such training sessions were being carried out at the Plaintiff’s house?

(vi)             Please provide signed contract under which the Reserve Bank of Zimbabwe paid money worth US$6.5 million to Saltlakes.

(vii)           Is it being alleged that the Plaintiff had good reasons for successively writing down the original indebtedness of Saltlakes to the Reserve Bank of Zimbabwe from the original US$6.5 million to US$1.5 million and subsequently to zero? Please explain.

(viii)        Is it being alleged that the plaintiff never wrote off from the Reserve Bank of Zimbabwe financial statements money that had been advanced to Saltlakes? If such funds were written off, how much? Why?

(ix)            Produce Board approval that sanctioned the write off of Millions of US dollars lost through Saltlakes.

(x)              Is it being alleged that the Plaintiff cooperated with the Zimbabwe Republic Police by responding to the explcit questions the Zimbabwe Republic Police was raising on the investigation?

  1. 5.     Ad Para 2.3.3

Reserve Bank of Zimbabwe Money Stolen by the Plaintiff

(i)                 Is it being alleged that the Plaintiff in his personal capacity, his family trust or a company he owns does not own shares in the Financial Gazette newspaper? If plaintiff holds shares in the Financial Gazette what is his shareholding?

(ii)               Is it being alleged the Plaintiff did not take US$200,000.00 belonging to the Reserve Bank of Zimbabwe and gave it to management at the Financial Gazette to prop up the company?

(iii)            Is it being alleged that the Defendant never wrote the Financial Gazette asking them to pay back the US$200,000.00 and that the Financial Gazette duly received such communication from the Defendant?

(iv)            Is it being alleged that the Financial Gazette had a grant support agreement with the Reserve Bank of Zimbabwe for them to have then lawfully derived US$200,000.00 free money for their own use from the Reserve Bank of Zimbabwe? Is there a loan facility for the Financial Gazette off the Reserve Bank of Zimbabwe?

Cash Fraud

(v)              Is it being alleged that the Plaintiff never got cash in foreign currency from Mr. Mirirai Chiremba and Mr. Azvinandaa Saburi of the Reserve Bank for his own use?

(vi)            Is it being alleged that the Plaintiff never exaggerated foreign currency amounts he would purport to have given to Government in order to balance off the Reserve Bank of Zimbabwe’s books for audit purposes to cover up millions of foreign currency cash the Plaintiff took from the Reserve Bank of Zimbabwe for own use?

(vii)          Is it being alleged that external auditors never questioned the anomalies on this issue of cash?

(viii)        Is it being alleged that the Plaintiff was never caught by Deloitte and Touche auditors with US$3,5 million cash stashed in his office, which money belonged to the Reserve Bank and that the Plaintiff submitted to auditors that such money was being set aside and kept in his office to allegedly “pay off packages” of Reserve Bank Management on retirement?

  1. 6.     Ad Para 2.3.4

Theft of Public Assets

(i)                 It is being alleged that Plaintiff never took money for own use out of gold proceeds belonging to the Reserve Bank of Zimbabwe?

(ii)               Is it being alleged that the Plaintiff, together with Mirirai Chiremba did not and are not benefitting from gold production operations that were set using money belonging to the Reserve Bank of Zimbabwe?

(iii)             Is it being alleged that the Plaintiff never received gold bullion directly from runners he was sending to buy gold from the market using Reserve Bank of Zimbabwe local currency money?

(iv)             Is it being alleged that there are no current disputes between the Plaintiff and some of those runners in respect of sharing of the spoils from the illicit gold transactions?

Impropriety on Carslone Mine

(v)               Is it being alleged that the Plaintiff does not know a company called Carslone Mine owned by the Reserve Bank of Zimbabwe?

(vi)             If the Plaintiff knows this mine, in what connection? Who owns this company as of now?

(vii)           Please provide details of total gold produced by Carslone mine, specifying this data by kgs, by month by value from the date of inception to the present day. Indicate explicitly how the gold bullion was used or how the millions of foreign exchange generated from the mine were used.

(viii)         Is it being alleged that all the gold from Carslone mine was deposited at Fidelity Printers?

(ix)             Is it being alleged that the Reserve Bank Board fully authorised the change in ownership of Carslone that was effected in 2011? If so please produce explicit Board approvals and resolutions.

The Case of 15kgs of Gold Stolen

(x)               Is it being alleged that the Plaintiff is not aware of a report that had been done at Borrowdale Police on 15kgs of gold that had been stolen from the Reserve Bank of Zimbabwe via a network of underhand dealings in gold bullion?

Theft of National Gold Reserves via Saudi Arabia

(xi)             Is it being alleged that the Plaintiff is not aware of Zimbabwe’s gold that was being sold to a private jewellery company in Saudi Arabia at a discount of 34%?

(xii)           If the Plaintiff is aware, what reasons are there for the private company in Saudi Arabia to have been taking Zimbabwe’s gold from the Reserve Bank of Zimbabwe under the watch of the Plaintiff at a 34% discount when in fact gold is as good as cash?

(xiii)         Is it being alleged that Millicent Mombeshora would never travel alone to that company in Saudi Arabia after the gold bullion would have been shipped?

(xiv)         Is it being alleged that the Plaintiff was unaware of Millicent Mombeshora’s trips to Saudi Arabia to the jewellery company that was buying gold bullion from the Reserve Bank of Zimbabwe at the 34% discount?

(xv)           Is it being alleged that the external Auditors Delloitte and Touche did not pick this fraudulent anomaly and documented it in their management report?

(xvi)         Please produce signed contract showing terms under which Zimbabwe’s gold was being sold by the Plaintiff to a private jewellery in Saudi Arabia at a discount of 34%.

(xvii)       Please produce the gold bullion release certificates/letters from Fidelity Printers showing total gold bullion that was shipped under this agreement.

Externalisation and Theft of stock Exchange Listed Shares

(xviii)     Is it being alleged that the Plaintiff is unaware of millions of Delta shares belonging to the Reserve Bank of Zimbabwe that were transferred to the London Stock Exchange through Remo Stock Brokers and part of them given to a privately owned company? Please provide full details of this transaction.

(xix)         Is it being alleged that fuel bought using the disposal of Reserve Bank of Zimbabwe shares was never abused?

(xx)           Please provide a full list of total Zimbabwe Stock Exchange listed shares which the Reserve Bank of Zimbabwe bought between 1 December 2003 and 31 December 2009. Provide details of how those shares were sold. How much was raised. And who received the money?

(xxi)         Is it being alleged that the Plaintiff and Millicent Mombeshora never misappropriated millions of shares owned by the Reserve Bank of Zimbabwe and that this was subject to investigation by external auditors?

(xxii)       Is it being alleged that former Division Chief in the Finance Division of the Reserve Bank of Zimbabwe, Mr Hillary Munyati was never quizzed by external auditors about stolen shares?

(xxiii)     Is it being alleged that there were no stock exchange listed shares belonging to the Reserve Bank of Zimbabwe that were ever stolen from the Reserve Bank?

(xxiv)     Please provide full list of shares that were transferred to the London Stock Exchange. Explain how the total value of those shares was used. Produce proofs of payments/usage, supported by ZIMRA goods clearance certificates.

(xxv)       Where such proceeds from share disposal were used to pay off debts, please produce the loan agreements proving existence of those loans.

Premier Bank Shares

(xxvi)     Is it being alleged that the Plaintiff in his own capacity or through a special purpose vehicle never owned shares in Premier Bank (now Ecobank)?

(xxvii)   Is it being alleged that the Plaintiff never authorized transfer of significant sums of money from the Reserve Bank of Zimbabwe to Premier Bank via CBZ Bank? If such money was transferred what was it for?

(xxviii) Is it being alleged that the Plaintiff never wired significant sums of money from the Reserve Bank of Zimbabwe directly to Premier Bank? If such sums were transferred what was it for?

Reserve Bank Undercover Diamond Mining

(xxix)     Is it being alleged that the Reserve Bank of Zimbabwe is duly licensed to mine diamonds?

(xxx)       Is it being alleged that the Reserve Bank of Zimbabwe never mined diamonds in Midlands?

(xxxi)     Is it being alleged that the Plaintiff was not and is not aware of Mr Mirirai Chiremba’s activities in Somabula area in respect of diamond mining operations by the Reserve Bank of Zimbabwe?

(xxxii)   Is it being alleged that the Plaintiff was never aware and is not aware of diamonds from the Reserve Bank of Zimbabwe operations in Midlands that were handled through Mr. Mirirai Chiremba of the Reserve Bank of Zimbabwe?

(xxxiii) Is it being alleged that the Plaintiff is in the dark as to the fate of these diamonds?

(xxxiv) Is it being alleged that these diamonds from Somabula, Midlands are still being held by the Reserve Bank of Zimbabwe? If so what is their total value?

(xxxv)   Is it being alleged that the diamond mining activities and produce there-from was being captured in the Reserve Bank of Zimbabwe’s consolidated audited financial statements? If so, in which year was this captured in the audited books of the Reserve Bank of Zimbabwe? Please provide details.

Motor Vehicles

(xxxvi) It is being alleged that Plaintiff never used Reserve Bank of Zimbabwe money to buy motor vehicles which he converted to own use fraudulently?

(xxxvii)           Is it being alleged the Plaintiff does not know a company called Oasis Motors? If the Plaintiff knows this company, in what connection?

(xxxviii)         Did the Plaintiff ever take delivery of cars for his personal use from Oasis Motors?

(xxxix) Is it being alleged that the Plaintiff did not take delivery cars bought by the Reserve Bank of Zimbabwe and deployed same to his own associates unrelated to the official transactions?

Farm Equipment

(xl)             Is it being alleged that the Plaintiff did not personally award himself multiple supplies of farm equipment from the Reserve Bank of Zimbabwe?

(xli)           Can the Plaintiff provide full list of farm equipment he got form the Reserve Bank of Zimbabwe (number of tractors, combine harvesters, booms sprayers, fertilizer spreaders etc), in his personal capacity, as well as for Lunar Chickens and New Donnington farm.

(xlii)         Is it being alleged that the Plaintiff did not use exporter surrender funds via a local commercial bank to fund importation and installation of grain silos at his New Donnington Farm?

(xliii)       Is it being alleged that all farm equipment that was paid for by the Reserve Bank of Zimbabwe was delivered? If not please provide list of equipment not yet delivered? What is the financial value? Where is it reflected in the Reserve Bank of Zimbabwe’s audited accounts?

Fraudulent Allowances Claims

(xliv)       Is it being alleged that the Plaintiff never claimed for compensation by the Reserve Bank of Zimbabwe and got paid for use of his own house?

(xlv)         Is it being alleged that the Plaintiff does not use, in his official capacity as Governor of the Reserve Bank of Zimbabwe the Governor’s house, being number 15 York road Greendale, Harare?

Theft of Baccossi Commodities and Abuse of Reserve Bank Funds for VAT Tax

(xlvi)       Is it being alleged that the Plaintiff does not know a company called Afritrade? If the Plaintiff knows this company, please spell out in what connection.

(xlvii)     What is the total value of money in US dollar terms did the Reserve Bank of Zimbabwe pay to this company? What is the total value of commodities received for these payments?

(xlviii)   Is it being alleged that the Plaintiff did not, together with Millicent Mombeshora fraudulently assign millions of US dollars worth of Afritrade ZIMRA Value Added Tax (VAT) obligations unrelated to the Baccossi programme to be paid by the Reserve Bank of Zimbabwe?

(xlix)       What was the reason for the Reserve Bank of Zimbabwe offering to pay VAT for a private sector company?

Corruption on Fertilizer Importation

(l)                 Is it being alleged that the Plaintiff does not know a company called Intshona? If the Plaintiff knows this company, in what connection?

(li)               How much, in foreign currency terms was paid by the Reserve Bank of Zimbabwe to Intshona?

(lii)             What is the total value of goods physically received into the country? Provide proofs (through stamped bills of entry) that show that the country received value for what it paid for through the Reserve Bank of Zimbabwe.

(liii)           Is it being alleged that the country did not suffer losses, through Intshona?

Theft of Money At Rand Merchant Bank in South Africa

(liv)           Is it being alleged that Millicent Mombeshoara was not the only signatory to the Reserve Bank of Zimbabwe’s account at Rand Merchant Bank in South Africa?

(lv)             Is it being alleged that Millicent Mombeshora did not singularly move gold bullion and foreign currency at Rand Refinery and Rand Merchant Bank, respectively under instruction and clearance by the Plaintiff?

(lvi)           Is it being alleged that the Reserve Bank of Zimbabwe did not lose money out of Rand Merchant Bank in South Africa? Does the Plaintiff allege he is not aware of any of this loss which was subject of investigations by external auditors?

(lvii)         Is it being alleged that there was no US$2 million which was withdrawn from Rand Merchant bank account and was never accounted for?

Theft Through False Travel Claims

(lviii)       Is it being alleged that the Plaintiff never defrauded the Reserve bank of Zimbabwe through false travel claims?

(lix)           Is it being alleged that external auditors picked this anomaly and they were never given full answers?

(lx)             Please provide total travel claims paid by the Reserve Bank of Zimbabwe in respect of the Plaintiff’s travel on official duty, by amount by month from 1 December 2003 to 31 January 2012. List the travel agents used and attach proofs through detailed statements/bills.

  1. 7.      Ad Para 2.3.5

Betrayal of Country and Treasonous Breaches

(i)                 Is it being alleged that the Plaintiff never circulated Cabinet minutes to the USA and UK embassies?

(ii)               Is it being alleged that the Plaintiff never met American Diplomats and Congress persons at a hotel in South Africa?

(iii)             Is it being alleged that the Plaintiff never disclosed sensitive information about the strategic issues of Government to hostile government diplomats?

(iv)             Is it being alleged that the WikiLeaks (cable leaks) on the Plaintiff are all false?

Corruption and Theft for Establishment of Connections: The Prime Minister’s House and Other

(v)              Is it being alleged that the Plaintiff did not cause the transfer of US$1,5 million out of the Reserve Bank of Zimbabwe which money was later abused by the Prime Minister Mr. Morgan Tsvangirai?

(vi)            Is it being alleged that the US$1.5 million which the Plaintiff gave the Prime Minister from the coffers of the Reserve Bank of Zimbabwe was free money or a loan?

(vii)          If it was a loan, please provide the signed loan agreement, complete with the terms of such a loan?

(viii)        Is it being alleged that the Plaintiff is not aware that there are investigations by the Zimbabwe Republic Police concerning the serious fraud on this transaction?

(ix)            Please provide details of how this US$1.5 million which the Plaintiff gave the Prime Minister from the Reserve Bank of Zimbabwe’s coffers was captured in the Reserve Bank of Zimbabwe’s books of accounts.

(x)              Was the US$1.5 million which the Plaintiff gave to the Prime Minister Mr Morgan Tsvangirai disclosed to external auditors of the Reserve Bank of Zimbabwe and the Reserve Bank Board?

(xi)            Is it being alleged that the Plaintiff and the Defendant never quarrelled in respect of the fact that the Plaintiff sought to cover up the US$1,5 million fraud and refused to cooperate with the Zimbabwe Republic police?

(xii)          Is it being alleged that the Plaintiff never threatened the Defendant with “retribution” should the Defendant provide the Zimbabwe Republic Police with the truth on the US1,5 million fraud?

(xiii)         Is it being alleged that the Plaintiff did not direct the Defendant to use Reserve Bank of Zimbabwe money to buy Prime Minister, Mr. Tsvangirai a Toyota VX Land cruiser, black in colour, at a time Mr. Tsvangirai himself was publicly vilifying ZANU PF Party for the Reserve Bank’s past quasi-fiscal operations? Is it being alleged that the Defendant raised serious objections to this?

(xiv)         Is it being alleged that the Plaintiff and the Defendant had heated telephonic exchanges when the Plaintiff hosted the Prime Minister for dinner at the Plaintiff’s house in the context that the Prime Minister wanted to weaken ZANU PF Party through diversion of Reserve Bank of Zimbabwe’s resources and policies towards the MDC?

(xv)           Is it being alleged that the Plaintiff did not subsequently assign several Reserve Bank of Zimbabwe staff to work in the Prime Minister’s office and the defendant raised serious objections to this?

Houses to Neutralise State Security Agents to be in Favour of Plaintiff

(xvi)         Is it being alleged that the Plaintiff did not use Reserve Bank of Zimbabwe money to buy real estate property for a number of State Security officials for their own personal use, effectively defrauding the Reserve Bank of Zimbabwe?

(xvii)       Is it being alleged that such purchases were lawful?

(xviii)     Is it being alleged that no one in State Security raised concerns about this conduct by the Plaintiff?

(xix)         Is it being alleged these purchases were disclosed to the Reserve Bank Board?

Gross Misrepresentation to the Country on IMF Funds

(xx)          Is it being alleged that the Plaintiff, together with the Minister of Finance Mr. T. Biti did not misrepresent facts to the Nation and to Government on the true status and affairs of Zimbabwe’s IMF Special Drawing Right (SDR) account?

(xxi)         Is it being alleged that the Reserve Bank of Zimbabwe did not hold the Exchequer Account from 1 December, 2003 to 31 January, 2012?

(xxii)       Is it being alleged that the Plaintiff knows fully how the US$150 million withdrawn from the IMF SDR account which the Plaintiff holds in the Reserve Bank of Zimbabwe’s books was used when it was withdrawn by the Minister of Finance Mr Tendai Biti?

(xxiii)     Is it being alleged that it is not the business of the Plaintiff to be seized with overseeing how the IMF SDR account sitting in the books of the Reserve Bank of Zimbabwe is operating?

(xxiv)     Is it being alleged the Plaintiff was and is not aware of the obligations of the Plaintiff and the Reserve Bank of Zimbabwe in respect of managing the Exchequer Account at the Reserve Bank of Zimbabwe, as was spelt out in the Exchequer Act prior to its annulment in 2010?

(xxv)       Is it being alleged that the Plaintiff did not refuse to cooperate with the Zimbabwe Republic Police in the fraud investigations involving Mr. Tendai Biti and Mr. Morgan Tsvangirai?

(xxvi)     Please provide details on why the Plaintiff was removed as Alternate Governor for Zimbabwe in the International Monetary Fund (IMF).

  1. 8.      Ad Para 2.3.6

Total Neglect of Duty and Lies to The Leadership

(i)                 Is it being alleged that from 1 December, 2003 to 31 January, 2012, the Plaintiff, in his official capacity ever visited Fidelity Printers and Refiners offices and printing press (even for one day)?

(ii)               If the Plaintiff did visit please indicate which dates the Plaintiff ever visited Fidelity Printers and Refiners for all the years he has been in office as Governor of the Reserve Bank of Zimbabwe.

(iii)             Is it being alleged that the Plaintiff never deliberately misinformed Government in ways that led Government to act in ways that negatively affected the welfare of society in Zimbabwe?

Criminal Misrepresentation of Alex Stewart Debt

(iv)             Is it being alleged the Plaintiff does not know a company called Alex Stewart? If Plaintiff knows this company, in what connection?

(v)               Please provide details of how much the Reserve Bank owes this company and how that debt came about, specifying explicit invoices by date and amount. Also provide full disclosure of all local currency and foreign currency that was paid to Alex Stewart by the Reserve Bank of Zimbabwe.

(vi)             Please produce the signed copy of the contract between the Reserve Bank of Zimbabwe and Alex Stewart.

(vii)           Is it being alleged that the Plaintiff did not enter into a side deal with Alex Stewart in his personal capacity to get kick-backs on funds paid out to Allex Stewart by the Reserve Bank of Zimbabwe?

(viii)         Please provide total amount of foreign exchange actually recovered by Government as a result of Alex Stewart’s audits of mines ever since they started. Provide physical proof that such recoveries did in fact take place. List the mines that paid Government.

(ix)             Please provide full list of Reserve Bank cars that were given to Alex Stewart staff.

Fabrication of SMM Financial Affairs which Mislead Government

(x)               Is it being alleged the Plaintiff does not know Shabani Mashaba Mines (SMM)?

(xi)             Is it being alleged that the Plaintiff did not fabricate financial records of SMM to mislead Government in the decisions that were later made to the detriment of the country in lost output and workers who were employed at SMM?

(xii)           How much money did the Reserve Bank lent to SMM?

(xiii)         What interest rates were applied on the loans?

(xiv)         Please produce the duly signed loan agreement contracts by both parties (borrower and lender) that supported the loans.

(xv)           Was the induplum rule observed on the SMM loans in the Reserve Bank of Zimbabwe’s books?

(xvi)         What was the £2 million payment to the United Kingdom for in respect of the SMM transaction? Please provide full details.

(xvii)       Is it being alleged the Defendant did not raise serious objections to the Plaintiff on the misinformation the Plaintiff did to Government on the SMM issue?

  1. 9.      Ad Para 2.3.7

Abuse of Office to Settle Personal Scores and Own Gain

(i)                 Is it being alleged that when Renaissance Bank (now Capital Bank) was placed under curatorship in 2011, the Plaintiff was not aware the Reserve Bank itself owed Renaissance Bank at least US$7,5 million?

(ii)               Is it being alleged that there were no heated arguments between the Defendant and the Plaintiff on the wrongness of the decision to place Renaissance under curatorship?

(iii)             Is it being alleged that the Plaintiff did not force Executives in Renaissance Bank to give him US$100,000.00 on 30 July 2010 off Fair Drop Trading (Private) Limited’s account which did not belong to the Plaintiff?

(iv)            Is it being alleged that the Plaintiff has no interests; has no links in, or has no shareholding in Dhobhadhobha Construction (Pvt) Ltd? Please provide details of how this company used US$100,000.00 it took from Rockfoundation Hospital account at Renaissance Bank on 30 July, 2010?

(v)               Is it being alleged that the Plaintiff did not use such funds for own gain?

(vi)             How much fresh capital did NSSA inject into Capital Bank to take majority control?

(vii)           Is it being alleged that the Plaintiff did not give the Renaissance Bank Board, post curatorship indemnities against clear breaches of the Companies Act? If Plaintiff gave such indemnities, please provide source of authority at law for such indemnities to have been given by the Plaintiff.

(viii)         Is it being alleged that the Plaintiff was not fully aware of the irregular, excessive fees the Curator of Renaissance Bank (now Capital Bank) was claiming and paying himself out of Renaissance Bank when the Plaintiff had appointed the Curator?

Deployment of Reserve Bank Officials on Odd Assignments

(ix)             Is it being alleged that the Plaintiff did not institute Mr. Mirirai Chiremba to follow up and spy on a senior Cabinet Minister’s private business transactions in the Midlands and then subsequently generated defamatory reports about the same Minister?

Incomprehensible Subjectivity 

(x)               Is it being alleged that the Plaintiff has good reasons why Time Bank was denied authority to reopen whilst Trust Bank and Royal Bank were allowed to reopen?

(xi)             Is it being alleged that the Plaintiff has sound reasons why Genesis Bank was closed whilst Interfin Bank was allowed to be recuperated under curatorship?

(xii)           Is it being alleged that the arrest of former Renaissance Bank executive Mr Dunmore Kundishora was justified? If so please provide reasons why he was arrested.

  1. 10.  Ad Para 2.3.8

Opposition to Indigenisation Laws

(i)                 Is  it being alleged that the Plaintiff never discussed the issue of Indigenisation and Economic Empowerment with the Reserve Bank of Zimbabwe Board?

(ii)               Is it being alleged that the Plaintiff has never issued statements against the Indigenisation and Economic Empowerment programme?

(iii)             Is it being alleged that the Plaintiff never said that he had secured an opinion from Mr Stanford Moyo?

Abuses by the Reserve Bank Board

(iv)             Is it being alleged that the Defendant never wrote the Plaintiff several memoranda seeking audience to discuss repeated abuses the Defendant suffered at the hands of Reserve Bank of Zimbabwe Board members?

(v)               Is it being alleged that the Defendant was never roundly castigated by the Plaintiff and the entire Reserve Bank Board for whistle blowing to the Board about the Plaintiff’s criminal activities at Carslone mine?

  1. 11.  Ad Para 2.3.9

Poisonous Draft Law

(i)                Is it being alleged that the Plaintiff and the Reserve Bank of Zimbabwe Board did not approve the draft legislation on RBZ Debt management?

(ii)              Is it being alleged that the Defendant did not issue a strong written commentary and advice to the Plaintiff and the Reserve Bank Board against the draft law?

(iii)            Is it being alleged that the Defendant did not intercept and stop the sending of the draft law to Minister Biti in light of the glaring anomalies that were in the draft law?

(iv)            Please produce copy of the Draft Law on Reserve Bank debt as discussed and approved by the Reserve Bank Board.

(v)              Please produce commentaries by the Defendant.

12.Ad Para 2.3.10

Breaches of the RBZ Act

(i)                Is it being alleged the Plaintiff never issued statements and or data on Reserve Bank of Zimbabwe on matters unrelated to issuing of monetary policy statements in ways that compromise the interests of the State?

(ii)              Is it being alleged that the Plaintiff and Reserve Bank Board members never divulged issues concerning the Reserve Bank to the media in clear violation of the Reserve Bank of Zimbabwe Act?

(iii)            Is it being alleged that the Plaintiff never bought cars and houses for journalists using Reserve Bank of Zimbabwe money?

(iv)            Is it being alleged that the Plaintiff never used Reserve Bank of Zimbabwe money to pay for medical bills of journalists?

13.Ad Para 2.3.11 

Corrupt Gifts to Office Holders 

(i)                Is it alleged that the Plaintiff never gave gifts, including foreign exchange cash and assets to strategic office holders outside the lawful programmes of the Reserve Bank of Zimbabwe?

(ii)              Is it being alleged that the Anti-Corruption Commission (now the Zimbabwe Anti-Corruption Commission) never investigated the Reserve Bank and that the Plaintiff never gave the Zimbabwe Anti-Corruption Commission pocket money for holiday, fuel coupons, cars and generators at the same time they were investigating the Reserve Bank of Zimbabwe on suspected corruption?

Fraudulent Payments to Alshams

(iii)            Is it being alleged that the Plaintiff does not know a company called Alshams? If the Plaintiff knows this company, in what connection?

(iv)            Is it being alleged Alshams is a public entity?

(v)              How much money was ever paid to Alshams by the Reserve Bank of Zimbabwe from 1 December, 2003 to 31 January, 2012? What was this money for? Please produce proofs that the payments where for physical assets delivered to the Reserve Bank of Zimbabwe. Also produce the signed contracts (loans and supply contracts) between the Reserve Bank of Zimbabwe and Alshams.

Abuse of Export Surrender Funds

(vi)            Is it being alleged that the Plaintiff does not know who owns Rukute Farm?

(vii)          Is it being alleged that Rukute Farm is a public entity?

(viii)        Is  it being alleged that the Plaintiff never authorise an irregular payment for assets in foreign currency on behalf of Rukute Farm?

(ix)            Please provide signed contracts justifying the foreign exchange payments that were done using exporters’ surrender payments (Reserve Bank of Zimbabwe money) to pay for Rukute Farm’s obligations.

Theft of Real Estate

(x)              Is it being alleged that the Plaintiff is not related to or does not own a company called Dingani?

(xi)            Is it being alleged the Plaintiff or a company the Plaintiff owns have ownership of number 16A Stonechart, Borrowdale Harare? If so, how did Plaintiff or a company the Plaintiff owns come to have ownership of the property? Please provide details of when the Plaintiff bought the asset and for how much, as well as how the payment was effected. Provide ZIMRA tax clearance reference numbers and proofs for this purchase.

(xii)          Is it being alleged that Plaintiff owns Total Communications Media (Pvt) Ltd? If so, when did Plaintiff buy the company? At what price did Plaintiff buy the company?

(xiii)        Is it being alleged that the Plaintiff was the owner of Total Communications Media (Pvt) Ltd from 1 January, 2008? Please produce proof of payment for the company and its assets.

(xiv)        Is it being alleged that the Plaintiff is not facing any law suits where the Defendant took legal action against the Plaintiff? Please provide details.

Redwing Farm

(xv)          Is it being alleged that the Plaintiff never leased his Redwing Farm to the Defendant and the Defendant extensively developed the farm? Please list the developments that were done at Red Wing Farm by the defendants.

(xvi)        Did the Plaintiff pay for such developments? If so how much and when? Please provide proofs of payment.

Reserve Bank of Zimbabwe Money used to buy “gifts”

(xvii)      Is it being alleged that the Plaintiff did not use Reserve Bank of Zimbabwe money to buy a female Reserve Bank of Zimbabwe employee real estate properties?

Payment for Assets Which Were Never Delivered

(xviii)    Is it being alleged that all motor vehicles and agricultural equipment that was fully paid for many years ago was duly received by the Reserve Bank of Zimbabwe?

Mis-representation on the RBZ Debt

(xix)        Is it being alleged that the purported US$1,1 billion Reserve Bank debt does not contain non-existent debts that are not for the Reserve Bank of Zimbabwe?

(xx)          Please provide the full breakdown of the US$1.1 RBZ debt. Provide the signed loan agreements or suppliers contracts for each element of the debt to prove authenticity of US$1.1 billion.

Mr Chiyangwa Assigned

(xxi)        Is it being alleged that the Plaintiff never went to Mr. Philip Chiyangwa’s house at night to persuade Mr. Chiyangwa to talk to the Defendant to drop summons against the Plaintiff for fraudulent theft of a house belonging to the Defendant? Is it being alleged that there is no such matter being investigated by the Zimbabwe Republic Police Serious Fraud section?

Gifts to the Anti-Corruption Commission

(xxii)      Is it being alleged that the Plaintiff never corruptly paid Anti-Corruption officials at a time when they were investigating the Reserve Bank of Zimbabwe?

(xxiii)    Is it being alleged that the Plaintiff’s multi-million dollar loans at banks are not secured by properties bought using Reserve Bank money? If so, please declare a full list of real estate properties serving as collateral for the loans borrowed by New Donnington Farm, Lunar Chickens and Rimai Tidye operations.

(xxiv)    Is it being alleged that the Plaintiff has no cases before the Zimbabwe Anti-corruption Commission investigating him for abuse of office, fraud and corruption?

Reserve Bank of Zimbabwe Fertilizer

(xxv)      Is it being alleged that the Plaintiff did not mislead external auditors and the entire Reserve Bank Board to hide over US$4 million worth of fertilizer which the Reserve Bank fully paid for many years ago but was never delivered to the Reserve Bank?

(xxvi)    Is it being alleged that this US$4 million was recognized in the Reserve Bank of Zimbabwe’s audited accounts for 2008, 2009, 2010 and 2011? Is it being alleged that the Defendant never raised serious concerns on this US$4 million fertilizer impropriety?

14.Ad Para 2.3.12 to 2.3.13

(i)                Is it being alleged that the Defendant did not do all the assignments for the Plaintiff in the Doctoral studies by the Defendant at the Atlantic International University (AIU), right from day one to end of the programme?

15.Ad Para 2.3.14

State Security Agents Sent

(i)                Is it being alleged that the Defendant never reported two State Security officers to their superiors for having harassed the Defendant after having been sent by the Plaintiff?

(ii)              Is it being alleged that State Security did not take stern disciplinary measures on the two officials?

(iii)            Is it being alleged that the Plaintiff did not allocate a Reserve Bank of Zimbabwe house, number 10 Granta, Vainona, Harare for use by one of the State Security junior official as a way of getting his loyalty to do odd assignments for the Plaintiff?

16.Ad Para 2.3.14

Real Estate Gifts

(i)                Is it being alleged that the Plaintiff did not use Reserve Bank of Zimbabwe money to buy Millicent Mombeshora two houses in Borrowdale?

(ii)              Is it being alleged that the Plaintiff never bought Millicent Mombeshora a bedroom suit using Reserve Bank money?

(iii)            Is it being alleged the Reserve Bank of Zimbabwe never bought several “safe houses” for use by parallel market runners employed by the Reserve Bank of Zimbabwe? Who owns these houses now? Produce signed contracts/agreements and proofs that the Reserve Bank got paid it money for the houses.

17.Ad Para 3

(i)                How was the claim of US$10 million arrived at?

THUS DONE AND DATED AT HARARE THIS _____________ DAY OF SEPTEMBER

____________________________________________

Gasa Nyamadzawo and Associates

Defendant’s Legal Practitioner

3rd Floor, Silundika House

22 George Silundica Avenue

Harare (RGN/K22/wk)

TO: THE REGISTRAR

HIGH COURT OF ZIMBABWE

HARARE

 

AND

 

TO:      Dube Manikai and Hwacha

Plaintiff’s Legal Practitioners

DMH Commercial Law Chambers

6th Floor, Goldbridge

Eastgate Complex

HARARE (EIM/MM/CZ/vrz)