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Senior Court Reporter
CONTROVERSIAL South African businessman Frederick Wilheim August Lutzkie is embroiled in a legal battle with the Gwanda Rural District Council and his three former business associates over the ownership of shares at a local safari company.
Lutzkie, who recently made headlines after he crashed his helicopter at Doddieburn Safari Ranch near West Nicholson, burying the wreckage and flying out of the country undetected, claims he invested $2,3 million in the controversial joint safari business venture.

Lutzkie, the applicant in the matter, would illegally enter and leave Zimbabwe several times, violating the country’s airspace and fraudulently getting his passport stamped.

In his founding affidavit, he cited Gwanda RDC as the first respondent while his countryman, Lourens Marthinus Botha and his son Lourens Junior are second and third respondents. Sithembinkosi Ncube, a local businesswoman involved in safari business, was cited as the fourth respondent.

According to the certificate of urgency filed at the Bulawayo High Court, the applicant through his South African company, Buffels Vallei 375 (Pvt) Ltd bought the shares and interest of second and third respondents in a joint venture with Gwanda RDC.

Botha Senior was then appointed project manager and in that capacity he was supposed to apply for the necessary investor licences for Lutzkie and for work and residence permits for the applicant’s personnel seconded to the joint venture business.

“A total of $2,3 million was invested by the applicant in the joint venture business and it has emerged only very recently that in breach of his undertaking and in the circumstances amounting to fraudulent concealment, first respondent did not disclose applicant’s interest in the joint venture business. Gwanda RDC held itself as the investor even after it had sold and was paid for all its interest in the joint venture business,” said Lutzkie’s lawyer, Godfrey Nyoni.

“The joint business venture should be managed by the investor, in this case the applicant, but as applicant is a foreign company there is need that applicant is formerly recognised as an investor to pave way for applicant to second personnel to manage the joint venture,” argued Lutzkie.

He said the safari business had no manager following the dismissal of Botha Senior, arguing that it was breach of the agreement entitling Gwanda RDC to cancel the agreement, which would result in massive financial losses.

“There are dangerous wild animals such as lions at the joint venture and unless fed and well managed, they could break out of the fence and pose a danger to persons and livestock in the neighbouring communal areas,” he said.

According to court papers, Gwanda RDC entered into a joint venture agreement at Doddieburn Farm with Shashi-Zambezi Safaris (Pvt) Ltd represented by the other respondents in December 2007.

In terms of the agreement, Shashe-Zambezi was to construct all project infrastructure as well as sourcing stock.
However, in June 2013, the shareholders in Shashi-Zambezi Safaris and Crocoburn (Pvt) Ltd being the Bothas and Ncube allegedly sold their rights, title, interests and shares in the joint venture agreement with Gwanda RDC to Buffels Vallei 375.

Gwanda RDC was notified of the development and it was stated that during a meeting held at Doddieburn on June 22, 2013, the other three respondents were allegedly paid all sums owing to them and it was agreed that they would resign their directorship of the companies which they sold shares.

“It was agreed that the second respondent be appointed project manager and that he would attend to making the necessary applications for the amendment of the Zimbabwe Authority certificate, which had been issued in May 2013 showing all the respondents as directors and shareholders to have applicant endorsed as the investor and in due course an application would be made for my permits for residence and work,” said Lutzkie.

He said he only discovered in May 2014 that the Bothas and Ncube had not made the necessary applications.
“Applicant wishes to be substituted as the joint venture partner. Applicant does not wish to be further associated with the companies in which second, third and fourth respondents had invested as the companies may have been used as vehicles to perpetuate acts of fraud.

“Practically, I am the project manager apart from being the owner of all shares in the applicant, and consequently 80 percent of the shares.
“I have invested a total of $2,3 million, the investment being made of buildings, fixed and movable assets, maintenance salaries and consumables.

“Applicant erected a game fence over 42 kilometres, built up chalets, drilled boreholes and installed solar panels to provide power,” argued Lutzkie.
He is seeking a court order declaring that he purchased all of the Bothas and Ncube’s rights, title and interests in the joint venture agreement, and that resultantly the applicant is effectively Gwanda RDC’s sole joint venture partner in the agreements.

“I pray that this application be heard as an urgent application because applicant has invested $2,3 million in the joint venture business which potentially could be lost following the false misrepresentation made to the first respondent by the second, third and fourth respondents, who had represented the investment as theirs,” he argued.