By Daniel Nemukuyu
HARARE – Trustees of the Vitalis Musungwa Gava Zvinavashe Trust are up in arms with the late national hero’s son, Mr Richard Zvinavashe, who they accuse of unilaterally buying luxurious cars worth US$300 000 on the trust’s account.
Mr Zvinavashe is also being accused of harassing and unlawfully firing staff at Tynwald Primary and Secondary schools, which form part of the trust, without consulting the board.
VMGZT chairman Mr Clement Ruzengwe, Mr Shingai Mutumbwa (secretary) and the widow and trustee Ms Margaret Mutamba-Zvinavashe have filed a High Court application seeking to bar Mr Zvinavashe, who is also a trustee, from directly interfering with the day-to-day running of the schools and accessing trust funds without approval.
The trust also seeks an order compelling Mr Zvinavashe to allow appointed auditors access to the trust books and accounts. They also seek to have Mr Zvinavashe refrained from harassing or dismissing any workers of the trust schools without the authority of the board of trustees.
According to an affidavit by Mr Ruzengwe, the trust was formed after the death of the late General Vitalis Zvinavashe to manage his estate. Some 17 people are set to benefit from the estate.
The trustees agreed that none of them should be involved in the day-to-day running of the schools and that all the schools will be under the management and administration of appointed administrators.
All income, funds and proceeds of the trust, according to the agreement, would be deposited into the trust bank account, which is jointly administered by the board of trustees. It is the trustees’ argument that Mr Zvinavashe defied the resolutions and agreements in various respects.
It is alleged that he has incurred debt in purchasing luxury vehicles in the name of the trust schools but the vehicles were never surrendered to the trust.
“Indeed it appears that the primary beneficiary of the acquisition of such vehicles is the respondent (Mr Zvinavashe) himself at the expense and peril of the trust and its beneficiaries.
“The debt was incurred before consultation and without the authority of the board of trustees. The board of trustees only noticed that the trust was in debt on or about February 21 2012 when management accounts were circulated.
“In total, the sum of over US$300 000 is to be paid towards settlement of that debt while beneficiaries of the trust wallow in abject poverty,” read part of Mr Ruzengwe’s founding affidavit.
The actions by Mr Zvinavashe, according to the affidavit, constituted theft of trust funds and his “continued abuse of trust assets” was so prejudicial to the trust.
Mr Zvinavashe is opposing the application arguing that the applicants’ terms of office expired and that there was no trust to authorise the application in question. Before the applicants’ terms of office expired, Mr Zvinavashe says they refused to deal with the issues complained of.
Mr Zvinavashe wants the application to be dismissed because it had been prematurely filed. He says there were domestic remedies that could have solved the issue.
He argues that the Master of the High Court did not have jurisdiction to appoint or supervise trustees. Mr Zvinavashe says the Master of the High Court, again did not have power to direct how they should operate except in insolvency. The matter is yet to be set down for hearing at the High Court. The Herald
