Zimpapers Logo

Marvelous Moyo Business Correspondent
THE Gwanda Civil Court has attached mining claims and mining equipment belonging to the Zimbabwe Miners Federation (ZMF) president Trynos Nkomo, 47, until he pays up more than $165,000 he allegedly swindled from a foreign investor.
A civil court order issued by magistrate Arafat Kozanai placed Nkomo’s property under judicial attachment until a time he paid up $165,810 he owed the plaintiff, Trackier Investments Private Limited, a Botswana company represented by Dr Gregg Afamefuna, 43.

The state, represented by Khumbulani Nyoni, withdrew fraud charges against Nkomo before plea, after Dr Afamefuna obtained the civil order on the same day that the criminal trial was to start, Friday, September 12, 2014.

After the plaintiff issued summons, the parties through their lawyers, Zibusiso Ncube for the plaintiff and Everson Chatambudza for the defendant, drafted the consent order, which was then granted by the court.

“The aforementioned sum of $165,810 shall be paid through equal monthly instalments of at least $15,000 beginning September 19, 2014. The defendant shall pay $5,000 in respect of legal costs incurred by the plaintiff in the prosecution of the criminal matter.

“In the event of default in any way by the defendant, the plaintiff shall execute the Writ of Execution against any of the defendant’s immovable property and mining equipment and mining concessions,” reads the order.

“The mining concessions known as Nubian 1-19, Burnt A1-A6, Valley 4-10 and all mining equipment thereat are placed under judicial attachment until the aforementioned sum of $165,810 is paid in full.”

However, it was not clear how the plaintiff, who was the complainant in the criminal matter, incurred “legal costs” amounting to $5,000 when this was not a private prosecution.

Also, it was not clear how the plaintiff would execute the Writ of Execution when no such Writ was issued.

Sometime in 2012, Nkomo entered into a joint venture with Dr Afamefuna whereby the former would purchase gold locally and conduct all legal formalities to have the gold exported to Dubai for resale.

Dr Afamefuna first deposited $45,000 and later $90,000 into Nkomo’s account.

A year after depositing the money, Nkomo failed to honour his promise and with no good thing coming out of the investment, Dr Afamefuna reported Nkomo to the police leading to his arrest.