The Deposit Protection Corporation filed the present application in its capacity as the liquidator of Afrasia Bank Zimbabwe Limited. The liquidator sought an order for the impeachment of first respondent’s share repurchase scheme codified under a Binding Memorandum of Agreement executed on 5 September 2013. This agreement was signed by Kingdom Bank Limited, Afrasia Kingdom Zimbabwe Limited, Crustmoon Investments (Pvt) Ltd, Afrasia Kingdom Holdings Limited, Nigel Muranganwa Kudzai Chanakira, Afrasia Holdings Limited and Charles Wawn.
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The respondent in this case was employed as a human resources manager by the appellant.
He was charged with the offence of falsifying employment records of one Robert Mallet by drawing up an employment contract for the said Robert Mallet without using his actual name but using an alias, Robert Matenda.
The employer argued that the respondent’s intention was to conceal the identity of the employee in question who was the then Chief Executive Officer’s son.
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