BY DESMOND CHINGARANDE DYNAMOS Football Club chairman Bernard Mariot Lusengo appeared in court yesterday facing fresh charges of defrauding fellow shareholder David George’s shares.
Lusengo, who appeared before magistrate Evelyn Mashavirakure was released on free bail.
Allegations are that sometime in 1975, the complainant joined Dynamos Football Club as a player and by then the accused person was already a player in the team.
The club’s 1963 constitution stated that the founding members of the club and all the players who joined during that period must be awarded shares.
The complainant and other players were given 1% ordinary shares.
🔴#Dynamos chairman Bernard Marriot Lusengo who is now facing new charges which are yet to be advised arriving at the #Harare Magistrate’s Court pic.twitter.com/6HBguMehju
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It is alleged George played for the club until 1983. However, around 2002, the club was illegitimately taken over by Zimbabwe Football Association (ZIFA) and the Sports and Recreation Commission (SRC).
The case was taken to the Supreme Court and in March 2006 a judgment was handed down by Justice Luke Malaba ordering, among other issues, that ZIFA and SRC return the club to the founding members and the (founding) former players retain their 1% ordinary share as per the constitution.
It is alleged that sometime in 2018, one of the former players Robson Rundaba discovered that Lusengo had become the major shareholder of the club with 51% and he had removed other members including George’s shareholding which was against the constitution and Justice Malaba’s judgment.
After the complainant heard about the issue, he also discovered that the accused person had stolen his shares. It is alleged when the complainant tried to communicate with the accused to find out why he took his shares without his consent and knowledge, he became evasive.
As a result, the complainant decided to report the issue to the police. Investigations revealed that the accused had manipulated the process of share distribution and awarded himself 51% shareholding without the knowledge or approval of the complainant.
The CR2, CR 14, the 1963 Dynamos Football Club (Pvt) Ltd constitution and the Malaba judgment will be produced in court as exhibits.
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