Yeukai Karengezeka Court Correspondent

A mining company director appeared in court at the weekend facing fraud and perjury charges after he allegedly seized ownership of a gold mine illegally using a fake power of attorney after the original owner died.

Christopher Chibwana (51) is alleged to have fraudulently acquired a stake in the mine worth US$5m which was formerly held by the late Stephen Chiparawasha and which should have been an asset in his estate and been inherited by his heirs, to use or sell. Chibwana appeared before Harare magistrate Mrs Sharon Rakafa charged with three two counts of fraud and one count of perjury and was remanded in custody to May 2 for his bail ruling. The court heard that Mr Chiparawasha had owned a mining claim called Ascot Mine 20 in Norton. After his death in 2012, Chibwana went ahead to seize ownership of the mine.

He allegedly masterminded the transfer of the mining claim from MAWK (Pvt) Ltd where Mr Chiparawasha had been the shareholder into JnYang Htson MAWK (Pvt) Ltd, a totally new company separate from the estate of Mr Chiparawasha. He managed the snatch by allegedly using a fraudulent special power of attorney on 25 November 2016, to authorise the Ministry of Mines and Mining Development to the transfer mining certificate into his company.

On another charge, the State alleged that on October 11, 2018 and January 22020, Chibwana manufactured a fake CR14 for MAWK Mining Development Company where he appointed himself as the company secretary when the company secretary who was appointed on the incorporation of the company was Farai Chikwekwete as indicated on the genuine CR14 dated December 2, 2016.

After making the false appointment, Chibwana allegedly filed the fake CR14 with the Registrar of Companies when he knew very well that he had not been appointed as the company secretary and that there was no resolution made by the company to that effect. According to the State, on the first CR14 form, Chibwana without a company board resolution, filed a new set of CR14 forms with the Registrar of Companies in which he had also appointed Doubt Jenala director on September 18, 2018 and Clever Mandizvidza on October 11, 2018.

On the second count of perjury, Chibwana on June 8, 2021, and in an attempt to defraud the late Stephen Chiparawasha’s estate, allegedly took an oath and deposed an affidavit in the High Court under case number HC2737/21. Chibwana represented the applicant and sought to interdict the estate of late Mr Chiparawasha and all those associated with it, from having anything to do with Ascot 20 Mine and to be barred from the mining location to a radius of 2km.

He submitted a fake CR14 filed with the Registrar of Companies dated January 28, 2020.

He also made a false statement that he was the company secretary appointed on the date of incorporation, which was on December 2, 2016 whereas the company secretary was Chikwekwete in terms of the genuine CR14 filed with the Registrar of Companies.

Therefore, Chibwana allegedly submitted false information under oath, giving rise to the perjury charges.

Ms Chyvonne Nhira appeared for the State.