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OpenMarriot Triumphs In Battle For Control Of Dynamos
The Harare Magistrates Court cleared Bernard Marriot Lusengo, the chairman of Dynamos Football Club (Pvt) Ltd, of charges related to fraudulently acquiring 51% of the club’s shares, reported The Herald.
Lusengo was acquitted of accusations that he corruptly obtained a majority shareholding and allocated shares to individuals who were not original members of the club.
In a ruling delivered on Friday, January 25, Magistrate Yeukai Dzuda said the complainants did not qualify as former players under the club’s 1963 constitution, which the complainants had sought to use as the basis for their case.
Dzuda also said none of the complainants were involved in the club’s formation in 1963. Furthermore, the court found no evidence to prove the amendments Lusengo made to the constitution, granting him ownership rights, were illegal. Said Dzuda:
The State did not tender evidence to prove a charge of fraud against the accused person, therefore he is found not guilty and acquitted.
The complainants, including former secretary-general Leslie Gwindi and ex-treasurer Eric Mvududu, accused Marriot of illegally seizing control of Dynamos in 2017. They claimed he assumed complete control, disregarding the club’s 1963 constitution.
The complainants, backed by former players and a shadow board led by ex-striker Esau Amisi, also accused Marriot of running the club unlawfully after dismantling the founding constitution.
They sought to have him found guilty of defying a 2005 Supreme Court order by Justice Luke Malaba, which directed Dynamos to return to its original constitution.
According to the 1963 constitution, founding members and early players were entitled to shares in the club. After the deaths of two complainants, David George and Ernest Kamba, the remaining ones were Gwindi, Mvududu, and Zuze.
However, Dzuda ruled that none of the complainants qualified as founding members or former players of Dynamos.
Marriot had argued that the complainants were not entitled to shares, as there was no longer a Board of Trustees.
He also claimed he was the sole surviving member of the club’s 1963 founders and that the 1963 constitution had been repealed at a general assembly meeting.
He added that no one, including the complainants, had challenged the formation of Dynamos Club Private Limited.
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