My side of the story

13 Oct, 2015 - 00:10 0 Views
My side of the story Telecel Zimbabwe shop along Sam Nujoma Street in Harare

The Herald

Aguy. C. Georgias Special Correspondent
IN the weeks gone by, some of the national daily newspapers, namely the Daily News and the Newsday, simultaneously, ran a story about me with screaming headlines and banners to the effect that I, as a father had sued my son, one Russell Karimazondo, and taken the matter to the High Court. The stories published in the name of national news, it is bothersome and cause for wonderment, were published more than a month and half after the case was heard, and judgment passed but yet to the editors, this was news.

The internet-based news websites were not to be outdone, some with speculation far divorced from the issues at hand. I have learnt over the years, that in business, as in politics, church and all organised conduct of human affairs there is inherent deception, intrigue, dishonesty and delinquency wherever there is contestation on matters of leadership, authority and responsibility.

The urge to seek relative advantage is often overwhelming as to cloud fair and objective thinking and action. It becomes a matter of gamesmanship. It is for the reasons above that I read an element of mischief making, scandalous and sinister as it is, meant to cast me in bad light, where the facts of the matter are of a different dimension. The fact of the matter is that courts of law exist, among other functions, for the settlement of disputes where matters requiring legal settlement are concerned.

Disputes arise all the time in the conduct of human affairs, including family and business. This happens everywhere, every day. But it is only who or what caused the newspapers to publish a patently half-baked story without seeking my side of the story and purporting it to be news of national interest who can answer some of the vexing questions as to purpose and intent.

Herein I seek not to respond therefore to the innuendo, slant and intonation of the story but to correct certain misconceptions, inferences and implications of the story. Firstly, I must point out that the matter is still before the courts, as I have filed an appeal at the Supreme Court against the judgment passed by the learned Judge.

Suffice it to say that I may not plough into certain matters until and only after the matter is settled. Admittedly I find it difficult to restrain myself from stating that I am most unhappy with the judgment passed. For the record I have litigated cases in other jurisdictions, three in the British High Court and at the General Court of Justice of the European Union, and have been outspoken about their lack of fairness and objectivity, much to the ire and chagrin of western powers, the US included.

My crime is that of seeking justice for myself, and for all of us against the EU sanctions on Zimbabwe. As a matter of fact I have filed an appeal in my case against the EU sanctions on Zimbabwe and now await the hearing at the EU Court of Justice of Appeal. I have always defended our own system as fair, open and progressive, as I did recently in Luxembourg when I met with three Judges of the EU General Court of Justice, Judge President Judge Dimitrios Gratsias, Judge Mariyana Kancheva and Judge Wetter.

I, however, had never thought that I would one day get the same unfair treatment at home or even fathomed the idea of a flawed judgement coming from our esteemed High Court. Not that I wanted the Judge to find in my favour, but certainly the basic tenets of a fair hearing? But that’s beside the matter at hand.

I took the court action not against Russell Karimazondo alone, but also Telecel Zimbabwe who do business with his company, Maxifix, over a matter that is a pure business arrangement. Unless society has now ordered it improper for family members to enter into business deals, there was inherently nothing untoward in the business arrangement out of which the dispute has arisen.

Only certain outcomes had not been envisaged? And that is why the matter is now before the Supreme Court. At the centre of the dispute is a bilateral agreement between Maxifix and Telecel, which although it is between the two parties, involves my company Trinity Engineering as a third party, in a manner that has serious implications to Trinity.

The only way the matter could be resolved is through the law of the land, in the courts of law. I, however, say to whoever seeks to tarnish my image, you got the facts wrong. If it is my political opponents, they being invisible and unknown to me, I say that rest assured that I harbour no political ambitions and do not wish to endanger anyone’s political career nor stand in their way.

The appointments I had to serve in the government of Zimbabwe were at the pleasure of His Excellency President RG Mugabe. I certainly did not solicit for appointment and would not bad mouth anyone to disparage the President’s favour? If it is colleagues in business pursuing those hostile designs, it is regrettable that they will not get easy facilitation by me through such manipulative actions.

In this case I am engaged in a fight for what belongs to me, Trinity Engineering Pvt Ltd. It is something I have worked painfully hard to get. I certainly will not give up Trinity Engineering just like that. I am fighting for what is right. This is what this legal contest is all about to me, however much you may slander me, a fight between right and wrong.

Unscrupulous and underhand actions by anyone, no matter how powerful, will not deter me. At all times I have sought to fight for the general good, for all Zimbabweans. This is why, in my own small way, I have contributed towards judicial reform in Zimbabwe.

As such I continue to have faith and confidence in our justice delivery system, and will continue to litigate cases before the courts where necessary, notwithstanding the doomsayers, detractors and deviants.

Aguy C. Georgias, Senator is Chairman, Trinity Engineering.

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