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charges preferred against him over the manner he administered the estate.
He is being charged with fraud as well as breaching Section 343 of the Companies’ Act.
Madondo (51) is being accused of falsifying information that the national hero was the sole shareholder of Chivhu Holdings (Pvt) Ltd, thereby prejudicing another shareholder of shares worth US$165 000.
Madondo, who will be back at the Harare Magistrates’ Court on December 20 to answer to both charges, has filed an application for exception to the charge on the basis that the facts relied upon by the State did not create any criminal offence.
Madondo argues that the whole issue was civil and should not be determined by a criminal court.
He wants the charges quashed.
In the submissions filed at the Harare Magistrates’ Court on December 2, Madondo’s lawyers Danziger and Partners described the charges as “patently bogus” adding that the decision to charge him was in breach of his Constitutional rights.
On the fraud charge, the lawyers argue that the allegation was not bona fide and that it was out of gross incompetence on the part of the police.
“The first count alleges that accused person committed fraud.
“That allegation is not bona fide and it is only a police officer who is grossly incompetent or is willing to be an object of use who can prefer such a charge.”
The defence argues that Madondo was simply acting on information he got from Mrs Dauramanzi and other relatives and if the information supplied was not correct, then that does not amount to fraud on Madondo’s part.
Allegations in the second count of breaching Section 343 of the Companies Act, according to the lawyers, were “laughable”.
“It is clear that the person who crafted the papers has not taken the trouble to acquaint himself with the provisions of the law.
“Little wonder he refers to section 343 of the Code when the code does not even have section 300 as it ends with section 284,” the lawyers said.
According to State papers, Dauramanzi co-owned Chivhu Holdings with the late Robson Mathius Mapurisa.
The court heard that the company owned two properties, stand number 322 and 324 Enkeldorn Township, Chivhu, but Madondo allegedly filed papers with the Master of High Court showing Dauramanzi as the sole shareholder.
Mapurisa died in 1990, leaving 74,9 percent shares in the company, according to the State.
His son Brian, who is the complainant in the matter, a minor by then, was the sole heir to Mapurisa’s estate.
After Dauramanzi’s death in 2004, Madondo made an inventory declaring that the property belonged solely to Dauramanzi, thereby prejudicing Mapurisa’s estate, the State alleges.
The State alleges that Dauramanzi lied to Mapurisa’s son that the property had long been sold to a church led by Reverend Andrew Wutaunashe, as Madondo processed the papers.
The matter came to light after Mapurisa’s son, having grown up, pursued the matter with the High Court.