By Shingirai Vambe
Harare businessman, top banker and marketing specialist, Douglas Mamvura, who is reportedly failing to pay maintenance for his ex-wife, has been dragged to court yet for another wrong doing.
This time implicating an insurance company and failing to honor a court order the matter emanating from divorce, fraud and forgery.
Mamvura faces the charges for allegedly forging his ex-wife’s signature to acquire a loan, which he is now failing to pay back under restitution.
The business executive previously worked for various companies such as Coca Cola, African Sun, Zimnat Lion Insurance Company and sited as a board member of State owned mobile operator, NetOne Cellular, where he left following another case of fraud involving Israel Tangwena and Tonderai Muhocha.
In the maintenance case, Mamvura was ordered by the Court to pay what he owed his former wife, Tendai Mamvura Hlupo; rental and the whole amount he owed her, the then payment of school fees amounting to ZWL $150 per month for his 2 children until they finish, spouse support of ZWL $1 500 per month, medical and funeral cover.
Douglas did not honor the Court Order regardless of numerous notices and correspondences that this publication has, done by school authorities.
Reads part of the communication in respect of the payment of his kid’s school fees on his behalf by his legal representative, Innocent Mandongwe of Chitewe Law Chambers.
“Further to our email immediately below, we are instructed to advise that regrettably, our client failed to pay the outstanding school fees as per his undertaking, due to delay in the materialization of the funds that he was expecting to receive.
“In the circumstances, he expects to pay the outstanding schools fees by November 18 2022. We are further instructed to advise that our client has since conveyed a communication to that effect to the University, and that your client was copied thereto,” writes Mandongwe.
However, the school dismissed the claim that there was no communication to that effect.
In 2020, Tendai Mamvura, nee Hlupo, was supposed to receive a total amount of USD$410 710 and ZWL21 000, USD375 000 from the purchase of the 50% shareholding in Grosma Investments Pvt Ltd, USD16 000 rental arrears at USD $1000 per month and ZWL $1500 spouse maintenance whose arrears had peaked to ZWL $21 000 by August 31 2020 and to date, she hasn’t received a dime.
Recently, Douglas made an urgent chamber application for stay of execution after the Court ordered execution of movable and immovable property for him (Mamvura) and 2nd respondent; Credit Insurance Zimbabwe Limited (Credsure) to realize the sum of USD486 032.62 plus 5 percent interest.
It is alleged that, Credsure was made to be a guarantor for the sake of whiling up time as it got revealed later by a court document HC 5714/22 (REF: HC 7249/21).
According to the document, the insurance company was charging that Tendai Mamvura guaranteed his indebtedness in the event that Douglas Mamvura defaults. It further reveals that Tendai was at large to obtain a consent order without notice to him and by extension the second respondent.
A separate case file against Credsure has since been opened and the applicant, Tensa through her lawyers (Chitapi) have since approached the Insurance and Pension Commission (IPEC) on the conduct by Credisure.
The matter between the two has raised eyebrows and dust on the conduct by law officers and enforcers who kept on telling the court that they haven’t found the accused person even after issuing a warrant of arrest and several other police reports which this publication is in possession.
It is alleged that bribery and corruption might have led to the delays of coming to the finalization of this case and the Zimbabwe Anti-Corruption Commission has since received a report in that regard.
Credsure through its legal representative has since responded to the chamber application, claiming that Mamvura hasn’t been paying his premiums after agreeing to stand as a guarantor.
“Credsure’s defense is premised on a deed of settlement which our client did not sign and was never a party thereto. And on a credit guarantee which is not valid for want of fulfillment of the conditions precedent to its issue including non-payment of premium by Douglas Mamvura which may constitute a misrepresentation in own right and non-registration of a surety deed of hypothecation over the immovable property of bigweath Investments Pvt Ltd,” writes Kentor Immerman legal practitioners.
They went further to say the validity of the guarantee ended in March 2022.
Tendai Mamvura is represented by T.H. Chitapi and Associates and Credsure is represented by Kantor Immerman Legal practitioners while Douglas Mamvura is being represented by Chitewe Law Practice.
The application by Douglas Mamvura for rescission and stay of execution has since been dismissed and struck of the role while judgment on Credisure has made some delays to the execution on Mamvura as they had already offered a bond which they must honor as an insurance company.
More details following…