OUTGOING Constitutional and Parliamentary Affairs minister Advocate Eric Matinenga has gone back to practicing law full-time and was yesterday representing tycoon John Bredenkamp in a fraud case the businessman is facing involving over $4 million.
CHARLES LAITON
The trial of Bredenkamp kicked off at the High Court in Harare yesterday where it emerged the businessman allegedly borrowed over $4 million to fund the government’s feeding programme of the Defence Forces in the Democratic Republic of Congo (DRC) between 2001 and 2002.
This was disclosed by the complainant in the matter, Yaqub Ibrahim Mohammed, who told the court that Bredenkamp misrepresented to him, upon borrowing the cash, that he intended to use the money to fund his cobalt mining in DRC.
During the said period, the Zimbabwean government embarked on an operation codenamed Restore Sovereignty, where it assisted the DRC government to fight rebels in that country.
Mohammed said had Bredenkamp informed him that he intended to use the cash for any other business, besides mining operations, he would not have given him the $4 212 123.
“He used the cash to fund some feeding programmes with the government and later I found out that he had set up a company called Race View for purposes of feeding the defence forces,” Mohammed said.
Asked by prosecutor Editor Mavuto if there was any problem in that Bredenkamp used the cash for any other business, Mohammed said: “I would not have advanced the cash to him had he informed me he wanted to use it for other business besides mining operations.”
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In Bredenkamp’s defence, Advocate Matinenga, admitted his client owed Mohammed the said amount, but argued the matter was purely civil.
Matinenga said at one point, the matter was referred to the Attorney-General (AG)’s Office where prosecution was declined on the basis that the matter was not criminal.
He further said if the State intended to charge his client with contravening the Exchange Control Act, the complainant in the matter, Mohammed, would be an accomplice witness.
In his evidence-in-chief, Mohammed told Justice Felistus Chatukuta that at one point Bredenkamp made a $3,5 million repayment through his (Mohammed’s) foreign account, but the money was returned by the bank after it emerged Bredenkamp was allegedly under investigation on other fraud charges in the United Kingdom.
“He had transferred $3,5 million, but the actual amount owing was $3,8 million. The money was, however, returned because the accused (Bredenkamp) was being investigated for fraud in the United Kingdom,” Mohammed said.
Advocate Matinenga referred Mohammed to a set of summons, where the latter at one point sued Bredenkamp for the return of the cash, and Mohammed said the businessman had promised before the AG that he would pay him in February this year, but he later reneged on his promise.
After several efforts to recover his money failed, Mohammed said he then decided to approach the AG’s Office again and requested for Bredenkamp’s prosecution.
“In November 2006 I flew to London where I met Bredenkamp after he had met with his board of trustees and when I requested for my money, he became aggressive and abusive. He said I would have to wait until he was ready to pay me,” Mohammed said.
“I then decided to take legal action in 2008 and during the proceedings he opted for an out-of-court settlement. I then learnt the money was not used for mining purposes in the DRC and realised his intention was to defraud and swindle me, hence I reported the matter to police,” Mohammed said.
Prosecutor Mavuto was being assisted by Innocent Chingarande and Michael Reza, while Advocate Matinenga was being assisted by Advocate Deepak Mehta instructed by Innocent Chagonda.
