<?xml version='1.0' encoding='UTF-8'?><?xml-stylesheet href="http://www.blogger.com/styles/atom.css" type="text/css"?><feed xmlns='http://www.w3.org/2005/Atom' xmlns:openSearch='http://a9.com/-/spec/opensearchrss/1.0/' xmlns:georss='http://www.georss.org/georss' xmlns:gd='http://schemas.google.com/g/2005' xmlns:thr='http://purl.org/syndication/thread/1.0'><id>tag:blogger.com,1999:blog-2172373972578903468</id><updated>2011-10-07T12:01:25.167-07:00</updated><title type='text'>CFX BANK ZIMBABWE OWNERSHIP DISPUTE</title><subtitle type='html'></subtitle><link rel='http://schemas.google.com/g/2005#feed' type='application/atom+xml' href='http://cfxbank.blogspot.com/feeds/posts/default'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/2172373972578903468/posts/default?max-results=100'/><link rel='alternate' type='text/html' href='http://cfxbank.blogspot.com/'/><link rel='hub' href='http://pubsubhubbub.appspot.com/'/><author><name>Admin</name><uri>http://www.blogger.com/profile/17260988479243340039</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='27' height='32' src='http://2.bp.blogspot.com/_kOi6zz4auIk/TJep-3f18uI/AAAAAAAAAVk/PybFt3V4CB0/S220/gilbert+best.jpg'/></author><generator version='7.00' uri='http://www.blogger.com'>Blogger</generator><openSearch:totalResults>86</openSearch:totalResults><openSearch:startIndex>1</openSearch:startIndex><openSearch:itemsPerPage>100</openSearch:itemsPerPage><entry><id>tag:blogger.com,1999:blog-2172373972578903468.post-7498769942495928533</id><published>2011-05-22T20:01:00.000-07:00</published><updated>2011-05-22T20:03:18.897-07:00</updated><title type='text'>Notice of Opposition to CFX Bank liquidation attempt by Interfin Banking Corporation</title><content type='html'>&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://1.bp.blogspot.com/-YUKC6RM3tx4/TdnObFZdGhI/AAAAAAAAAzU/Y-r3KenB3D4/s1600/cfx%2BFront_page.png"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 194px; height: 320px;" src="http://1.bp.blogspot.com/-YUKC6RM3tx4/TdnObFZdGhI/AAAAAAAAAzU/Y-r3KenB3D4/s320/cfx%2BFront_page.png" border="0" alt=""id="BLOGGER_PHOTO_ID_5609741775567395346" /&gt;&lt;/a&gt;&lt;br /&gt;Founding Affidavit opposing the Liquidation of CFX Bank Limited in terms of the Companies Act by Gilbert Muponda filed with the Master of High Court I, GILBERT MUPONDA, of the City of TORONTO,ONTARIO ,CANADA, MAKE OATH&lt;br /&gt;&lt;br /&gt;AND SAY AS FOLLOWS:&lt;br /&gt;&lt;br /&gt;swear or afﬁrm that:&lt;br /&gt;&lt;br /&gt;(A) - I know or believe the following facts to be true.  If these facts are based on information from others,&lt;br /&gt;&lt;br /&gt;(B)  - I believe that information to be true.&lt;br /&gt;&lt;br /&gt;(C)  - I make this affidavit to oppose  an application  by -&lt;br /&gt;&lt;br /&gt;INTERFIN BANKING CORPORATION’s parent Company INTERFIN FINANCIAL HOLDINGS LIMITED DIRECTORS AND CFX BANK LIMITED DIRECTORS AND CFX FINANCIAL SERVICES HOLDINGS LIMITED FOR LIQUIDATION OF CFX BANK LIMITED&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;BRIEF BACK GROUND&lt;br /&gt;&lt;br /&gt;At all material times covered by these proceedings I have been the controlling shareholder of Century Bank Financial Holdings which I controlled through various investment vehicles and companies collectively known as ENG Capital .Century Bank Financial Holdings Limited was merged with CFX Bank and renamed CFX Bank and then merged with Interfin Merchant Bank resulting in formation of Interfin Banking Corporation. I have already filed HC 62 -6244-04 seeking the reversal of the first illegal merger between Century Bank and CFX Bank upon its completion will result upon the reversal of the Merger of Interfin and CFX Bank since Interfin on its own does not have any meaningful assets accept those stripped from my Bank which I owned through various investment vehicles generally known as ENG Capital Group.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;When I opposed the first merger between Century Bank and CFX bank I was specified to tie my hands so that I could not legally challenge this illegal and irregular transaction. I was specified under the Prevention of Corruption Act whose purpose is to allow and investigation and also safeguard assets of the specified person so that no-one can sell, buy or dispose of these assets as they are under investigation.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;I was specified on 28 May 2004. The specification order was revoked on 29 April 2011.This legally restores me to my pre-specification position and I seek to now proceed with HC -6244-04 .I have attached the original founding affidavit.&lt;br /&gt;&lt;br /&gt;According to the Prevention of Corruption Act Assets of a specified person can not be sold ,bought or disposed of since those assets are under investigation and would be required as evidence in the legal proceedings. So you can not be investigating assets and at the same time selling those very same assets. The purpose of specifying a person is to facilitate investigations into the alleged corrupt activities. Section 10(2) specifically prohibits any person from dealing with the assets of a specified person.  In terms of Section 10(7) of the Act to  all transactions that we purportedly concluded during the period  specification are null and void.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;The purpose of specification is not to sell an individuals assets but to investigate so assets cant be sold whilst they are being investigated at the same. This is illegal and against natural justice and the Anti-Corruption Act.&lt;br /&gt;&lt;br /&gt;When Interfin Bank illegally and irregularly took over my Bank CFX which was previously called Century Bank they used the excuse that I was specified so I couldn’t oppose the illegal transaction. Now that that my full legal rights have been restored I have already filed a motion to oppose the liquidation of CFX Bank and also reverse the Merger which created Interfin Banking Corporation.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;1 - I do hereby place it on record that I wish to oppose the proposed liquidation of CFX Bank Limited. I will suffer irreparable financial damage exceeding US $ 15.4 million if the said liquidation goes ahead before finalization of the High Court case HC 6244-04 in which I am challenging the illegal and irregular sale of 309 million shares from Century Bank which was then merged to create CFX Bank which is now in liquidation in an attempt to escape paying the $ 15.4 million.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;2 - I have an on-going dispute involving CFX Bank Limited and Interfin Banking Corporation and its holding Company.Mr Raymond Njanike the Managing Director of Interfin Bank has publicly acknowledged this dispute in the NewsDay Newspaper published on 27 September 2010 by Mr Munyaradzi Muguwo in addition to many other articles.Link http://www.newsday.co.zw/article/2010-09-27-muponda-scared-off-cfx-suitors-interfin&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;3 - Interfin Holdings Limited Director Mr Farai Rwodzi also publicly acknowledged this debt when he falsely claimed in the Newsday Newspaper of 25 August 2010 that Interfin had paid me US $ 5.3 million for my shares in Century / CFX Bank which were illegally and irregularly acquired. The link is herehttp://www.newsday.co.zw/article/2010-08-25-interfin-acquires-13-of-starafrica&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;4 - I denied this false statement and NewsDay Newspaper published a retraction a few days later.Upto this day Interfin have not paid me anything for my Bank which they took and rebranded Interfin Banking Corporation and now they are trying to liquidate it after stripping it of all assets.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;5 - ENG Capital contributories ,shareholders and Directors and myself are claiming US$ 15.4 million being the 309 million shares multiplied by the share price of $ 0.05 which give the claim total of US $ 15.4 million.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;6 - Interfin Banking Corporation Zimbabwe is a product of a fraudulent merger between Century Bank and CFX Bank which was subsequently renamed Interfin Banking Corporation after another irregular merger between Century/CFX Bank and Interfin Bank Zimbabwe.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;7 - The liquidation of CFX Bank Limited should therefore be held back until such a time that HC 6244-04 is finalized. Interfin Bank Directors are seeking to hide their tracks and creating a very complex and complicated web of mergers and de-mergers and liquidations and re-structurings which will conceal their illegal and irregular take over of Century/CFX Bank assets.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;8 - All these “fake mergers” were designed with the intention of concealing the initial fraudulent  transfer of 309 million Century shares illegally and irregularly transferred into Century/CFX Bank then Interfin Banking Corporation. This illegal transfer is being challenged through High court case HC-6244-04.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;9 - I have attached a copy of my original founding affidavit for High Court Case HC 6244 – 04 dated 21 May 2004.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;10 - I have attached the supporting affidavit by my co-Director Nyasha Watyoka fully supporting my Original affidavit.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;11 - The High Court Case is still before the Courts but it has been delayed since I am currently specified and as such have to seek permission from the Liquidator/Investigator to proceed with the action. However my court action HC 6244-04 is on the most part against the liquidator /Investigator it is therefore not possible to seek permission and approval from the same person you wish to take action against.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;12 - I wish that the liquidation be delayed until such a time High Court deals with HC 6244-04.The liquidation is not urgent and I see no reason why it can not be put on hold pending the finalization of HC -6244-04.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;13 - Proceeding with the liquidation before HC 6244-04 is finalized will cause me irreparable damage amounting to $ 15.4 million which I am seeking from CFX Bank Limited ,Interfin Holdings ,Interfin Directors and Shareholders jointly and severally each paying and absolving for the other.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;14 - Interfin Banking Corporation Zimbabwe is a product of a fraudulent merger between Interfin Merchant Bank and CFX Bank which was subsequently renamed Interfin Banking Corporation after another irregular merger between Century/CFX Bank Limited and Interfin Bank Zimbabwe.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;15 -  Any further transaction or re-organization or restructuring will not change the facts that Interfin Banking Corporation has a disputed ownership due to the presence of CFX Bank assets in its DNA composition.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;16 - If the merger was approved by all the regulatory Authorities then why would Interfin try to liquidate a Bank which it merged with. It clearly doesn’t make any sense to liquidate a Bank which has already been merged with another .&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;17 -  Its not legally possible and its practically fictitious to claim to liquidate a Bank which has already merged with another resulting in the formation of a new entity.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;18 - The so-called liquidation of CFX Bank is nothing but a fraud being perpetrated by Interfin Holdings Directors . There is no liquidation taking place whatsoever since all the CFX assets have already been “merged“ and transferred into the new entity now renamed Interfin Banking Corporation.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;19 - This is an effort to hide the tracks of the original fraud which is being challenged under High Court case HC 6244-04.This is an effort to escape legitimate liabilities brought about by Interfin`s unwise and greed move of trying to grab CFX Bank assets.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;20 - Interfin can not fully capitalize a Bank and then liquidate the same bank all within a year .According to another report titled Interfin Holdings Fully Capitalises CFX Bank Published on 13 January 2010 – http://allafrica.com/stories/201001130248.html .&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;21 - This does not add up and only provides further evidence that Interfin Banking Corporation are involved in fraudulent transaction and the various movements are meant to hide the tracks and cleanse an otherwise illegal and underhand deal.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;22 - There can be no talk of liquidating CFX Bank since CFX Assets have been merged with Interfin and effectively transferred into Interfin Banking Corporation and rebranded Interfin Banking Corporation in an a deliberate fraudulent effort to hide the illegal take over of Century – CFX Bank assets and network.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;23 - Specifically the assets below have been stripped from CFX Bank and transferred into Interfin Banking Corporation. IT and Computer Systems&lt;br /&gt;&lt;br /&gt;- MoneyGram Money Transfer Franchise and System&lt;br /&gt;&lt;br /&gt;- Branch Network&lt;br /&gt;&lt;br /&gt;- Customers , clients and loan Book&lt;br /&gt;&lt;br /&gt;- International Correspondent Bank Network&lt;br /&gt;&lt;br /&gt;- Management and Staff&lt;br /&gt;&lt;br /&gt;- Leases, Contracts and general goodwill&lt;br /&gt;&lt;br /&gt;- Buildings and offices&lt;br /&gt;&lt;br /&gt;- ZSE Listing Spot&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;24 - Interfin Bank Directors led by Messrs Farai Rwodzi and Raymond Njanike  are getting increasingly desperate to hide their tracks on the illegal and irregular take over of Century – CFX Bank assets which were illegally transferred into Interfin Bank and rebranded Interfin Banking Corporation.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;25 - Their lastest stunt of claiming to “liquidate“ CFX Bank is one such effort to conceal their fraudulent take over of Century – CFX Bank assets and stealthily transferring them into Interfin Bank and rename the resultant entity Interfin Banking Corporation.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;26 - After claiming a successful merger as anticipated in this report by Dumisani Ndlela http://www.financialgazette.co.zw/companies-a-markets/4525-cfx-fs-to-lose-bank-for-bigger-entity.html in June 2010 only 9 months later CFX Bank now rebranded Interfin Banking Corporation is being liquidatedhttp://www.newsday.co.zw/article/2011-03-14-cfx-to-windup-operations .&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;27 - Interfin owes me and other contributories US 15.4 million for the 309 million shares fraudulently converted from Century Bank into CFX Bank then Interfin Banking Corporation. Interfin Bank Directors and Shareholders are trying to escape paying this liability by claiming CFX Bank is being liquidated.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;28 - Interfin Holdings limited and Interfin Banking Corporation Directors continue to mislead the public and other stakeholders by devising fraudulent schemes as a way to avoid settling what is due to Gilbert Muponda and ENG Capital contributories, shareholders and Directors.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;29 - The fraudulent attempt by Interfin Holdings Directors to mislead the investing public and depositors that the ownership dispute will disappear just because they are attempting to fake a liquidation of a Bank whose assets they have transferred into another entity is totally irresponsible and disingenuous .&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;30 - Interfin Banking Corporation Directors seem to be practizing moral flexibility whilst bending rules and regulations to conceal their prior knowledge of a legitimate claim which they with held informing their employers who are the Investing public who are protected by the ZIMBABWE STOCK EXCHANGE ACT Acts 27/1973, 24/1975, 15/1981, 20/1984; R.G.Ns 54/1975; 1135/1975, S.Is 468/1979, 236/1980.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;31 - High Court Case HC-6244-04 was filed in 2004 and its still pending before the courts. Yet Interfin  Banking  Corporation Directors pretend there was never any challenge to their illegal and irregular grabbing of Century/CFX Bank.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;32 - By will fully and deliberately misleading the Investing Public in violation of the ZSE Act Interfin Banking Corporation is an organization that has re-defined the definition of corruption , deceit and concealment of material information from Investing public and Regulatory Authorities.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;33 - The liquidation of CFX Bank Limited should therefore be held back until such a time that HC 6244-04 is finalized. Interfin Bank Directors are seeking to hide their tracks and creating a very complex and complicated web of mergers and de-mergers and liquidations and re-structurings which will conceal their illegal and irregular take over of Century/CFX Bank assets.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;34 - I make this affidavit in opposing the Liquidation of CFX bank Limited before High Court Case HC 6244-04 is finalized, and for no illegal or improper purpose.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/2172373972578903468-7498769942495928533?l=cfxbank.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://cfxbank.blogspot.com/feeds/7498769942495928533/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://cfxbank.blogspot.com/2011/05/notice-of-opposition-to-cfx-bank.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/2172373972578903468/posts/default/7498769942495928533'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/2172373972578903468/posts/default/7498769942495928533'/><link rel='alternate' type='text/html' href='http://cfxbank.blogspot.com/2011/05/notice-of-opposition-to-cfx-bank.html' title='Notice of Opposition to CFX Bank liquidation attempt by Interfin Banking Corporation'/><author><name>Admin</name><uri>http://www.blogger.com/profile/17260988479243340039</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='27' height='32' src='http://2.bp.blogspot.com/_kOi6zz4auIk/TJep-3f18uI/AAAAAAAAAVk/PybFt3V4CB0/S220/gilbert+best.jpg'/></author><media:thumbnail xmlns:media='http://search.yahoo.com/mrss/' url='http://1.bp.blogspot.com/-YUKC6RM3tx4/TdnObFZdGhI/AAAAAAAAAzU/Y-r3KenB3D4/s72-c/cfx%2BFront_page.png' height='72' width='72'/><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-2172373972578903468.post-2785876330197107652</id><published>2011-05-18T14:28:00.000-07:00</published><updated>2011-05-18T14:30:50.438-07:00</updated><title type='text'>CFX Bank Liquidation by Interfin Bank blocked by Gilbert Muponda HC 288-11</title><content type='html'>&lt;a href="http://3.bp.blogspot.com/-NfrSosYOhxs/TdQ6fsz-MBI/AAAAAAAAAy8/bqOhG5J3bMI/s1600/cfx%2BFront_page.png"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 194px; height: 320px;" src="http://3.bp.blogspot.com/-NfrSosYOhxs/TdQ6fsz-MBI/AAAAAAAAAy8/bqOhG5J3bMI/s320/cfx%2BFront_page.png" border="0" alt=""id="BLOGGER_PHOTO_ID_5608171752262610962" /&gt;&lt;/a&gt;&lt;br /&gt;Founding Affidavit opposing the Liquidation of CFX Bank Limited in terms of the Companies Act by Gilbert Muponda served on Interfin Bank and CFX Bank and filed with the Master of High Court on 17 May 2011 AT HARARE&lt;br /&gt;&lt;br /&gt;I, GILBERT MUPONDA, of the City of TORONTO,ONTARIO ,CANADA, MAKE OATH&lt;br /&gt;&lt;br /&gt;AND SAY AS FOLLOWS:&lt;br /&gt;swear or afﬁrm that:&lt;br /&gt;&lt;br /&gt; I know or believe the following facts to be true.  If these facts are based on information from others,&lt;br /&gt;I believe that information to be true.&lt;br /&gt;I make this afﬁdavit in relation to an application* by&lt;br /&gt;&lt;br /&gt; Interfin Holdings Limited Directors and CFX Bank Limited Directors&lt;br /&gt; For Liquidation of CFX Bank Limited.&lt;br /&gt;&lt;br /&gt;When Interfin Bank illegally and irregularly took over my Bank CFX which was previously called Century Bank they used the excuse that I was specified so I couldn’t oppose the illegal transaction. Now that that my full legal rights have been restored I have already filed a motion to oppose the liquidation of CFX Bank and also reverse the Merger which created Interfin Banking Corporation.&lt;br /&gt; &lt;br /&gt;According to the Prevention of Corruption Act Assets of a specified person can not be sold ,bought or disposed of since those assets are under investigation and would be required as evidence in the legal proceedings. So you can not be investigating assets and at the same time selling those very same assets. The purpose of specifying a person is to facilitate investigations into the alleged corrupt activities. Section 10(2) specifically prohibits any person from dealing with the assets of a specified person.  In terms of Section 10(7) of the Act to  all transactions that we purportedly concluded during the period  specification are null and void.&lt;br /&gt; &lt;br /&gt; &lt;br /&gt;1 - I do hereby place it on record that I wish to oppose the proposed liquidation of CFX Bank Limited. I will suffer irreparable financial damage exceeding US $ 15.4 million if the said liquidation goes ahead before finalization of the High Court case HC 6244-04 in which I am challenging the illegal and irregular sale of 309 million shares from Century Bank which was then merged to create CFX Bank which is now in liquidation in an attempt to escape paying the $ 15.4 million.&lt;br /&gt; &lt;br /&gt;2 - I have an on-going dispute involving CFX Bank Limited and Interfin Banking Corporation and its holding Company.Mr Raymond Njanike the Managing Director of Interfin Bank has publicly acknowledged this dispute in the NewsDay Newspaper published on 27 September 2010 by Mr Munyaradzi Muguwo in addition to many other articles.Link http://www.newsday.co.zw/article/2010-09-27-muponda-scared-off-cfx-suitors-interfin3 - Interfin Holdings Limited Director Mr Farai Rwodzi also publicly acknowledged this debt when he falsely claimed in the Newsday Newspaper of 25 August 2010 that Interfin had paid me US $ 5.3 million for my shares in Century / CFX Bank which were illegally and irregularly acquired. The link is herehttp://www.newsday.co.zw/article/2010-08-25-interfin-acquires-13-of-starafrica4 - I denied this false statement and NewsDay Newspaper published a retraction a few days later. Upto this day Interfin have not paid me anything for my Bank which they took and re-branded Interfin Banking Corporation and now they are trying to liquidate it after stripping it of all assets.&lt;br /&gt;&lt;br /&gt;5 - ENG Capital contributories ,shareholders and Directors and myself are claiming US$ 15.4 million being the 309 million shares multiplied by the share price of $ 0.05 which give the claim total of US $ 15.4 million.&lt;br /&gt; &lt;br /&gt;6 - Interfin Banking Corporation Zimbabwe is a product of a fraudulent merger between Century Bank and CFX Bank which was subsequently renamed Interfin Banking Corporation after another irregular merger between Century/CFX Bank and Interfin Bank Zimbabwe.&lt;br /&gt; &lt;br /&gt;7 - The liquidation of CFX Bank Limited should therefore be held back until such a time that HC 6244-04 is finalized.Interfin Bank Directors are seeking to hide their tracks and creating a very complex and complicated web of mergers and de-mergers and liquidations and re-structurings which will conceal their illegal and irregular take over of Century/CFX Bank assets.&lt;br /&gt; &lt;br /&gt; &lt;br /&gt;8 - All these “fake mergers” were designed with the intention of concealing the initial fraudulent  transfer of 309 million Century shares illegally and irregularly transferred into Century/CFX Bank then Interfin Banking Corporation. This illegal transfer is being challenged through High court case HC-6244-04.&lt;br /&gt;&lt;br /&gt;9 - I have attached a copy of my original founding affidavit for High Court Case HC 6244 – 04 dated 21 May 2004.&lt;br /&gt;&lt;br /&gt;10 - I have attached the supporting affidavit by my Co-Director Nyasha Watyoka fully supporting my Original affidavit.&lt;br /&gt;&lt;br /&gt;11 - The High Court Case is still before the Courts but it has been delayed since I am currently specified and as such have to seek permission from the Liquidator/Investigator to proceed with the action. However my court action HC 6244-04 is on the most part against the liquidator /Investigator it is therefore not possible to seek permission and approval from the same person you wish to take action against.&lt;br /&gt;&lt;br /&gt;12 - I wish that the liquidation be delayed until such a time High Court deals with HC 6244-04.The liquidation is not urgent and I see no reason why it can not be put on hold pending the finalization of HC -6244-04.&lt;br /&gt;&lt;br /&gt;13 - Proceeding with the liquidation before HC 6244-04 is finalized will cause me irreparable damage amounting to $ 15.4 million which I am seeking from CFX Bank Limited ,Interfin Holdings ,Interfin Directors and Shareholders jointly and severally each paying and absolving for the other.&lt;br /&gt;&lt;br /&gt;14 - Interfin Banking Corporation Zimbabwe is a product of a fraudulent merger between Interfin Merchant Bank and CFX Bank which was subsequently renamed Interfin Banking Corporation after another irregular merger between Century/CFX Bank Limited and Interfin Bank Zimbabwe.&lt;br /&gt;&lt;br /&gt;15 -  Any further transaction or re-organization or restructuring will not change the facts that Interfin Banking Corporation has a disputed ownership due to the presence of CFX Bank assets in its DNA composition.&lt;br /&gt;&lt;br /&gt;16 - If the merger was approved by all the regulatory Authorities then why would Interfin try to liquidate a Bank which it merged with. It clearly doesn’t make any sense to liquidate a Bank which has already been merged with another .&lt;br /&gt;&lt;br /&gt;17 -  Its not legally possible and its practically fictitious to claim to liquidate a Bank which has already merged with another resulting in the formation of a new entity.&lt;br /&gt;&lt;br /&gt;18 - The so-called liquidation of CFX Bank is nothing but a fraud being perpetrated by Interfin Holdings Directors . There is no liquidation taking place whatsoever since all the CFX assets have already been “merged“ and transferred into the new entity now renamed Interfin Banking Corporation.&lt;br /&gt;&lt;br /&gt;19 - This is an effort to hide the tracks of the original fraud which is being challenged under High Court case HC 6244-04.This is an effort to escape legitimate liabilities brought about by Interfin`s unwise and greed move of trying to grab CFX Bank assets.&lt;br /&gt;&lt;br /&gt;20 - Interfin can not fully capitalize a Bank and then liquidate the same bank all within a year .According to another report titled Interfin Holdings Fully Capitalises CFX Bank Published on 13 January 2010 – http://allafrica.com/stories/201001130248.html .&lt;br /&gt;&lt;br /&gt;21 - This does not add up and only provides further evidence that Interfin Banking Corporation are involved in fraudulent transaction and the various movements are meant to hide the tracks and cleanse an otherwise illegal and underhand deal.&lt;br /&gt;&lt;br /&gt;22 - There can be no talk of liquidating CFX Bank since CFX Assets have been merged with Interfin and effectively transferred into Interfin Banking Corporation and rebranded Interfin Banking Corporation in an a deliberate fraudulent effort to hide the illegal take over of Century – CFX Bank assets and network.&lt;br /&gt;&lt;br /&gt;23 - Specifically the assets below have been stripped from CFX Bank and transferred into Interfin Banking Corporation. IT and Computer Systems&lt;br /&gt;- MoneyGram Money Transfer Franchise and System&lt;br /&gt;- Branch Network&lt;br /&gt;- Customers , clients and loan Book&lt;br /&gt;- International Correspondent Bank Network&lt;br /&gt;- Management and Staff&lt;br /&gt;- Leases, Contracts and general goodwill&lt;br /&gt;- Buildings and offices&lt;br /&gt;- ZSE Listing Spot&lt;br /&gt; &lt;br /&gt;24 - Interfin Bank Directors led are getting increasingly desperate to hide their tracks on the illegal and irregular take over of Century – CFX Bank assets which were illegally transferred into Interfin Bank and rebranded Interfin Banking Corporation.&lt;br /&gt;&lt;br /&gt;25 - Their lastest stunt of claiming to “liquidate“ CFX Bank is one such effort to conceal their fraudulent take over of Century – CFX Bank assets and stealthily transferring them into Interfin Bank and rename the resultant entity Interfin Banking Corporation.&lt;br /&gt;&lt;br /&gt;26 - After claiming a successful merger as anticipated in this report by Dumisani Ndlela http://www.financialgazette.co.zw/companies-a-markets/4525-cfx-fs-to-lose-bank-for-bigger-entity.html in June 2010 only 9 months later CFX Bank now re-branded Interfin Banking Corporation is being liquidatedhttp://www.newsday.co.zw/article/2011-03-14-cfx-to-windup-operations .&lt;br /&gt;&lt;br /&gt;27 - Interfin owes me and other contributories US 15.4 million for the 309 million shares fraudulently converted from Century Bank into CFX Bank then Interfin Banking Corporation. Interfin Bank Directors and Shareholders are trying to escape paying this liability by claiming CFX Bank is being liquidated.&lt;br /&gt;&lt;br /&gt;28 - Interfin Holdings limited and Interfin Banking Corporation Directors continue to mislead the public and other stakeholders by devising fraudulent schemes as a way to avoid settling what is due to Gilbert Muponda and ENG Capital contributories, shareholders and Directors.&lt;br /&gt;&lt;br /&gt;29 - The fraudulent attempt by Interfin Holdings Directors to mislead the investing public and depositors that the ownership dispute will disappear just because they are attempting to fake a liquidation of a Bank whose assets they have transferred into another entity is totally irresponsible and disingenuous .&lt;br /&gt;&lt;br /&gt;30 - Interfin Banking Corporation Directors seem to be practising moral flexibility whilst bending rules and regulations to conceal their prior knowledge of a legitimate claim which they with held informing their employers who are the Investing public who are protected by the ZIMBABWE STOCK EXCHANGE ACT Acts 27/1973, 24/1975, 15/1981, 20/1984; R.G.Ns 54/1975; 1135/1975, S.Is 468/1979, 236/1980.&lt;br /&gt; &lt;br /&gt;31 - High Court Case HC-6244-04 was filed in 2004 and its still pending before the courts. Yet Interfin  Banking  Corporation Directors pretend there was never any challenge to their illegal and irregular grabbing of Century/CFX Bank.&lt;br /&gt; &lt;br /&gt;32 - By will fully and deliberately misleading the Investing Public in violation of the ZSE Act Interfin Banking Corporation is an organization that has re-defined the definition of corruption , deceit and concealment of material information from Investing public and Regulatory Authorities.&lt;br /&gt; &lt;br /&gt;33 - The liquidation of CFX Bank Limited should therefore be held back until such a time that HC 6244-04 is finalized. Interfin Bank Directors are seeking to hide their tracks and creating a very complex and complicated web of mergers and de-mergers and liquidations and re-structurings which will conceal their illegal and irregular take over of Century/CFX Bank assets.&lt;br /&gt; &lt;br /&gt; &lt;br /&gt;34 - I make this affidavit in opposing the Liquidation of CFX bank Limited before High Court Case HC 6244-04 is finalized, and for no illegal or improper purpose.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/2172373972578903468-2785876330197107652?l=cfxbank.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://cfxbank.blogspot.com/feeds/2785876330197107652/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://cfxbank.blogspot.com/2011/05/cfx-bank-liquidation-by-interfin-bank.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/2172373972578903468/posts/default/2785876330197107652'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/2172373972578903468/posts/default/2785876330197107652'/><link rel='alternate' type='text/html' href='http://cfxbank.blogspot.com/2011/05/cfx-bank-liquidation-by-interfin-bank.html' title='CFX Bank Liquidation by Interfin Bank blocked by Gilbert Muponda HC 288-11'/><author><name>Admin</name><uri>http://www.blogger.com/profile/17260988479243340039</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='27' height='32' src='http://2.bp.blogspot.com/_kOi6zz4auIk/TJep-3f18uI/AAAAAAAAAVk/PybFt3V4CB0/S220/gilbert+best.jpg'/></author><media:thumbnail xmlns:media='http://search.yahoo.com/mrss/' url='http://3.bp.blogspot.com/-NfrSosYOhxs/TdQ6fsz-MBI/AAAAAAAAAy8/bqOhG5J3bMI/s72-c/cfx%2BFront_page.png' height='72' width='72'/><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-2172373972578903468.post-1443654004690807529</id><published>2011-04-23T20:07:00.001-07:00</published><updated>2011-04-23T20:08:14.126-07:00</updated><title type='text'>ENG Capital Holdings Limited Public Notice</title><content type='html'>&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://1.bp.blogspot.com/-g4Ah1HP-1w0/TbOUGH2j1LI/AAAAAAAAAxk/L8YAOADHkVU/s1600/ENGIB%2B%25281%2529.jpg"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 226px; height: 132px;" src="http://1.bp.blogspot.com/-g4Ah1HP-1w0/TbOUGH2j1LI/AAAAAAAAAxk/L8YAOADHkVU/s320/ENGIB%2B%25281%2529.jpg" border="0" alt=""id="BLOGGER_PHOTO_ID_5598981594659673266" /&gt;&lt;/a&gt;&lt;br /&gt;ENG Capital Holdings Limited Public Notice&lt;br /&gt;&lt;br /&gt;Due to the liquidity crunch and financial crisis of 2003 and 2004 which affected the whole Zimbabwe financial market ENG Capital and many other financial services firms were negatively affected.&lt;br /&gt;1-      On 18 February 2004 The High Court of Zimbabwe at Harare Case HC 145-04 and 244-04 was granted placing ENG Capital Investment  P/L and ENG Asset Management  P/L into voluntary liquidation as a way to secure the firms’ Creditors. This action did not affect or include ENG Capital Holdings Limited which was the main holding Company.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;2-      ENG cleared all debts after the liquidation of the company its subsidiaries above. Some of the assets in excess of the claims made were returned to the Shareholders, Contributories and Directors. This has been confirmed by the liquidator, Mr. Reggie Saruchera, Managing Partner of Grant Thornton Calmesa. Further, we have copies of the High Court papers declaring that all the ENG’s past and present and future debts have been fully paid which are available for inspection at the High Court in Harare.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;3-      The final liquidation and distribution account was approved by the Master of High Court after it had laid for inspection without any objections. The record finished laying for inspection on 31 October 2008. Master of High Court issued the relevant documents confirming all debts had been cleared.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;4-      A notice in terms of Companies Act section 281 was published in the Zimbabwean Government Gazette. After the approval by the Master of High Court the liquidator handed back an operational company known as Allied Conveyors P/L to ENG Investments P/L  Shareholders and Directors since it was excess to requirements to meet creditor claims. This confirmed that ENG Capital Investments was solvent and met all its obligations.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;5-      On 15 July 2010 The High court of Zimbabwe at Harare High Court Case HC -6086-09 confirmed that ENG Capital and its directors had “satisfactorily liquidated all debts past, present and future accumulated by the Company.”&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;6-      The High Court Case HC 6086-09 also ordered the return of the following vehicles to ENG Capital Shareholders, Directors and Contributories ;&lt;br /&gt;&lt;br /&gt;-          Mitsubishi RVR – Registration – 792 -035 G&lt;br /&gt;&lt;br /&gt;-          Mercedes Benz C 320 Registration – 793 – 699 H&lt;br /&gt;&lt;br /&gt;-          Mercedes C 180 Registration -  778 – 980 R&lt;br /&gt;&lt;br /&gt;-          BMW Z 3 Registration – 740 372 B&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;ENG Capital Limited has engaged the Regulatory Authorities on the way forward to resume its  business in Zimbabwe building on the excess assets which were returned to the Directors and Shareholders. A leading Zimbabwe Bank has been appointed Lead Financial Advisors to handle the proposed listing of ENG on the Zimbabwe Stock Exchange in line with commitments being made to Regulatory Authorities to broaden ENG shareholder base.&lt;br /&gt;&lt;br /&gt;ENG Capital Limited Directors, Shareholders and Contributories would like to thank all regulatory Authorities who assisted in the process particularly Ministry of Finance , the Attorney General’s Office, the High Court, Zimbabwe Stock Exchange, Ministry of Justice ,Ministry of Home Affairs (Co-Ministers) and Reserve Bank of Zimbabwe.&lt;br /&gt; &lt;br /&gt;25 April 2011&lt;br /&gt;ENG Capital Holdings Limited  - Directors, Shareholders and Contributories&lt;br /&gt;Website ; www.engcapital.ca                      SKYPE ID – eng.capital&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/2172373972578903468-1443654004690807529?l=cfxbank.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://cfxbank.blogspot.com/feeds/1443654004690807529/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://cfxbank.blogspot.com/2011/04/eng-capital-holdings-limited-public.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/2172373972578903468/posts/default/1443654004690807529'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/2172373972578903468/posts/default/1443654004690807529'/><link rel='alternate' type='text/html' href='http://cfxbank.blogspot.com/2011/04/eng-capital-holdings-limited-public.html' title='ENG Capital Holdings Limited Public Notice'/><author><name>Admin</name><uri>http://www.blogger.com/profile/17260988479243340039</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='27' height='32' src='http://2.bp.blogspot.com/_kOi6zz4auIk/TJep-3f18uI/AAAAAAAAAVk/PybFt3V4CB0/S220/gilbert+best.jpg'/></author><media:thumbnail xmlns:media='http://search.yahoo.com/mrss/' url='http://1.bp.blogspot.com/-g4Ah1HP-1w0/TbOUGH2j1LI/AAAAAAAAAxk/L8YAOADHkVU/s72-c/ENGIB%2B%25281%2529.jpg' height='72' width='72'/><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-2172373972578903468.post-7488136340866383775</id><published>2011-03-27T14:41:00.000-07:00</published><updated>2011-03-27T14:43:54.484-07:00</updated><title type='text'>Interfin Banking Corporation fraud on CFX Bank unpacked 2 of 5</title><content type='html'>&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://2.bp.blogspot.com/-hz9WwBh99P4/TY-vkF3IvVI/AAAAAAAAArs/3mWus_1nZSc/s1600/mg_int_300x250.jpg"&gt;&lt;img style="float:left; margin:0 10px 10px 0;cursor:pointer; cursor:hand;width: 220px; height: 183px;" src="http://2.bp.blogspot.com/-hz9WwBh99P4/TY-vkF3IvVI/AAAAAAAAArs/3mWus_1nZSc/s320/mg_int_300x250.jpg" border="0" alt=""id="BLOGGER_PHOTO_ID_5588878697173663058" /&gt;&lt;/a&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://3.bp.blogspot.com/-bQVEP7yglV4/TY-vZjTfquI/AAAAAAAAArk/QFzD5u1Kj4A/s1600/Interfin%2BBanner2.jpg"&gt;&lt;img style="float:left; margin:0 10px 10px 0;cursor:pointer; cursor:hand;width: 199px; height: 166px;" src="http://3.bp.blogspot.com/-bQVEP7yglV4/TY-vZjTfquI/AAAAAAAAArk/QFzD5u1Kj4A/s320/Interfin%2BBanner2.jpg" border="0" alt=""id="BLOGGER_PHOTO_ID_5588878516098673378" /&gt;&lt;/a&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://2.bp.blogspot.com/-SAI9W77KV8Q/TY-vS5ud4ZI/AAAAAAAAArc/PWvykvG_T_U/s1600/Interfin%2BBanner1.jpg"&gt;&lt;img style="float:left; margin:0 10px 10px 0;cursor:pointer; cursor:hand;width: 199px; height: 166px;" src="http://2.bp.blogspot.com/-SAI9W77KV8Q/TY-vS5ud4ZI/AAAAAAAAArc/PWvykvG_T_U/s320/Interfin%2BBanner1.jpg" border="0" alt=""id="BLOGGER_PHOTO_ID_5588878401858298258" /&gt;&lt;/a&gt;&lt;br /&gt;Interfin Banking Corporation fraud on CFX Bank unpacked 2 of 5&lt;br /&gt; Interfin Bank Directors led by MD Raymond Njanike and Chairman Farai Rwodzi are getting increasingly desperate to hide their tracks on the illegal and irregular take over of Century – CFX Bank assets which were illegally transferred into Interfin Bank and rebranded Interfin Banking Corporation. Their lastest stunt of claiming to ``liquidate`` CFX Bank is one such effort to conceal their fraudulent take over of Century – CFX Bank assets and stealthily transferring them into Interfin Bank and rename the resultant entity Interfin Banking Corporation.&lt;br /&gt;&lt;br /&gt;After claiming a successful merger  as anticipated in this report by Dumisani Ndlela http://www.financialgazette.co.zw/companies-a-markets/4525-cfx-fs-to-lose-bank-for-bigger-entity.html in June 2010 only 9 months later CFX Bank now rebranded  Interfin Banking Corporation is being liquidated http://www.newsday.co.zw/article/2011-03-14-cfx-to-windup-operations .  This  only proves underlying ownership dispute between ENG Capital ,Gilbert Muponda and Interfin Bank alongside MD Raymond Njanike and Chairman Farai Rwodzi .&lt;br /&gt;&lt;br /&gt;If the merger was successful why would Interfin Directors led by MD Raymond Njanike and Chairman Farai Rwodzi claim to liquidate CFX Bank when in reality CFX Bank is now Interfin Banking Corporation since all its branch network and asset have been transferred into Interfin Banking Corporation and rebranded accordingly in an effort to hide the fraudulent seizure of Century Bank which was renamed CFX Bank then now rebranded Interfin Banking Corporation. This is an effort to avoid paying legitimate liabilities owed to ENG Capital for its assets illegally incorporated into Interfin Banking Corporation.&lt;br /&gt;There can be no talk of liquidating CFX Bank since CFX Assets  have been merged with Interfin and effectively transferred into Interfin Banking Corporation and rebranded Interfin Banking Corporation in an a deliberate fraudulent effort to hide the illegal take over of Century – CFX Bank assets and network.&lt;br /&gt;Specifically the assets below have been stripped from CFX Bank and transferred into Interfin Banking Corporation. IT and Computer Systems &lt;br /&gt;- MoneyGram Money  Transfer Franchise and System&lt;br /&gt;- Branch Network&lt;br /&gt;- Customers , clients and loan Book&lt;br /&gt;- International Correspondent Bank Network&lt;br /&gt;- Management and Staff&lt;br /&gt;- Leases,Contracts and general goodwill&lt;br /&gt;- Buildings and offices&lt;br /&gt;-  ZSE Listing Spot&lt;br /&gt;&lt;br /&gt;CFX Bank had the most advanced IT and Computer System in Zimbabwe banking and this has been looted by Interfin and transferred into Interfin Banking Corporation.&lt;br /&gt;The ENG Capital claim remains focused on MD Raymond Njanike , Chairman Farai Rwodzi , Interfin Holdings limited and Interfin Banking Corporation since they are they ones who took over the assets and liabilities of CFX –Century Bank. Their fraudulent attempt to mislead the investing public and depositors that the ownership dispute will disappear just because they are attempting to fake a liquidation of a Bank whose assets they have transferred into another entity is totally irresponsible and disingenuous.&lt;br /&gt;MD Raymond Njanike , Chairman Farai Rwodzi , Interfin Holdings limited and Interfin Banking Corporation continue to mislead the public and other stakeholders by devising fraudulent schemes as a way to avoid settling what is due to Gilbert Muponda and ENG Capital.&lt;br /&gt;Interfin Bank and its Directors led by Farai Rwodzi are guilty of misleading customers and investing public into buying worthless Interfin Holdings shares .Interfin owes Gilbert Muponda and ENG Capital US 15.4 million for the 309 million shares fraudulently converted from Century Bank into CFX Bank then Interfin Banking Corporation. And they are trying to escape paying this liability by claiming CFX Bank is being liquidated.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Interfin Bank Directors particularly MD Raymond Njanike and Chairman Farai Rwodzi  are acting irresponsibly by failing to handle a legitimate claim and responding by plastering a cracked wall which tantamount to the proverbial ostrich putting its head in the sand.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/2172373972578903468-7488136340866383775?l=cfxbank.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://cfxbank.blogspot.com/feeds/7488136340866383775/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://cfxbank.blogspot.com/2011/03/interfin-banking-corporation-fraud-on_27.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/2172373972578903468/posts/default/7488136340866383775'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/2172373972578903468/posts/default/7488136340866383775'/><link rel='alternate' type='text/html' href='http://cfxbank.blogspot.com/2011/03/interfin-banking-corporation-fraud-on_27.html' title='Interfin Banking Corporation fraud on CFX Bank unpacked 2 of 5'/><author><name>Admin</name><uri>http://www.blogger.com/profile/17260988479243340039</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='27' height='32' src='http://2.bp.blogspot.com/_kOi6zz4auIk/TJep-3f18uI/AAAAAAAAAVk/PybFt3V4CB0/S220/gilbert+best.jpg'/></author><media:thumbnail xmlns:media='http://search.yahoo.com/mrss/' url='http://2.bp.blogspot.com/-hz9WwBh99P4/TY-vkF3IvVI/AAAAAAAAArs/3mWus_1nZSc/s72-c/mg_int_300x250.jpg' height='72' width='72'/><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-2172373972578903468.post-3568436316906220178</id><published>2011-03-24T15:31:00.001-07:00</published><updated>2011-03-24T15:32:05.084-07:00</updated><title type='text'>Interfin Banking Corporation fraud on CFX Bank unpacked - 1 of 5</title><content type='html'>&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://3.bp.blogspot.com/-Of5NmZhqc90/TYvGX4g-eGI/AAAAAAAAApE/5YeISfJobIs/s1600/Interfin%2BBanner3.jpg"&gt;&lt;img style="float:left; margin:0 10px 10px 0;cursor:pointer; cursor:hand;width: 199px; height: 166px;" src="http://3.bp.blogspot.com/-Of5NmZhqc90/TYvGX4g-eGI/AAAAAAAAApE/5YeISfJobIs/s320/Interfin%2BBanner3.jpg" border="0" alt=""id="BLOGGER_PHOTO_ID_5587777876293220450" /&gt;&lt;/a&gt;&lt;br /&gt;Interfin Baning Corporation fraud on CFX Bank unpacked - 1 of 5&lt;br /&gt;&lt;br /&gt;According to All Africa website CFX Bank merged with Interfin Bank and the merger was approved http://allafrica.com/stories/201011180051.html . However if the merger was approved by all the regulatory Authorities then why would Interfin try to liquidate a Bank which it merged with. It clearly doesn’t make any sense to liquidate a Bank which has already been merged with another . Its not legally possible and its practically fictitious to claim to liquidate a Bank which has already merged with another resulting in the formation of a new entity.&lt;br /&gt;&lt;br /&gt;Interfin Banking Corporation Zimbabwe is a product of a fraudulent merger between Interfin Merchant Bank and CFX Bank which was subsequently renamed Interfin Banking Corporation after another irregular merger between Century/CFX Bank Limited and Interfin Bank Zimbabwe. Any further transaction or re-organization or restructuring will not change the facts that Interfin Banking Corporation has a disputed ownership due to the presence of CFX Bank assets in its DNA composition.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;The so-called liquidation of CFX Bank is nothing but a fraud being perpetrated by Interfin Holdings Directors led by MD Raymond Njanike and Chairman Farai Rwodzi. There is no liquidation taking place whatsoever since all the CFX assets have already been ``merged`` and transferred into the new entity now renamed Interfin Banking Corporation. This is an effort to hide the tracks of the original fraud which is being challenged under High Court case HC 6244-04.This is an effort to escape legitimate liabilities brought about by Interfin`s unwise and greed move of trying to grab CFX Bank assets.&lt;br /&gt;&lt;br /&gt;Interfin can not fully capitalize a Bank  and then liquidate the same bank all within a year .According to another report titled   Interfin Holdings Fully Capitalises CFX Bank Published on 13 January 2010 -  http://allafrica.com/stories/201001130248.html . This does not add up and only provides further evidence that Interfin Banking Corporation are involved in fraudulent transaction and the various movements are meant to hide the tracks and cleanse an otherwise illegal and underhand deal.&lt;br /&gt;There can be no talk of liquidating CFX Bank since CFX Assets  have been merged with Interfin and effectively transferred into Interfin Banking Corporation and rebranded Interfin Banking Corporation in an a deliberate fraudulent effort to hide the illegal take over of Century – CFX Bank assets and network.&lt;br /&gt;Specifically the assets below have been stripped from CFX Bank and transferred into Interfin Banking Corporation. IT and Computer Systems &lt;br /&gt;- MoneyGram Money  Transfer Franchise and System&lt;br /&gt;- Branch Network&lt;br /&gt;- Customers , clients and loan Book&lt;br /&gt;- International Correspondent Bank Network&lt;br /&gt;- Management and Staff&lt;br /&gt;- Leases,Contracts and general goodwill&lt;br /&gt;- Buildings and offices&lt;br /&gt;-  ZSE Listing Spot&lt;br /&gt;&lt;br /&gt;CFX Bank had the most advanced IT and Computer System in Zimbabwe banking and this has been looted by Interfin and transferred into Interfin Banking Corporation.&lt;br /&gt;The ENG Capital claim remains focused on Interfin Holdings limited and Interfin Banking Corporation since they are they ones who took over the assets and liabilities of CFX –Century Bank. This includes the CFX Bank Holdings Zimbabwe Stock Exchange listing which was taken over and renamed Interfin Holdings Limited all in an elaborate effort to hide the irregular and illegal take over of Century – CFX Bank.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/2172373972578903468-3568436316906220178?l=cfxbank.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://cfxbank.blogspot.com/feeds/3568436316906220178/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://cfxbank.blogspot.com/2011/03/interfin-banking-corporation-fraud-on_24.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/2172373972578903468/posts/default/3568436316906220178'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/2172373972578903468/posts/default/3568436316906220178'/><link rel='alternate' type='text/html' href='http://cfxbank.blogspot.com/2011/03/interfin-banking-corporation-fraud-on_24.html' title='Interfin Banking Corporation fraud on CFX Bank unpacked - 1 of 5'/><author><name>Admin</name><uri>http://www.blogger.com/profile/17260988479243340039</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='27' height='32' src='http://2.bp.blogspot.com/_kOi6zz4auIk/TJep-3f18uI/AAAAAAAAAVk/PybFt3V4CB0/S220/gilbert+best.jpg'/></author><media:thumbnail xmlns:media='http://search.yahoo.com/mrss/' url='http://3.bp.blogspot.com/-Of5NmZhqc90/TYvGX4g-eGI/AAAAAAAAApE/5YeISfJobIs/s72-c/Interfin%2BBanner3.jpg' height='72' width='72'/><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-2172373972578903468.post-2419511478328896321</id><published>2011-03-24T15:24:00.001-07:00</published><updated>2011-03-24T15:24:42.200-07:00</updated><title type='text'>Interfin Banking Corporation fraud on CFX Bank unpacked - 1 of 5</title><content type='html'>&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://1.bp.blogspot.com/-Szd7S1SIML4/TYvEpB3jbJI/AAAAAAAAAo8/X1exzPv3Veo/s1600/mg_int_300x250.jpg"&gt;&lt;img style="float:left; margin:0 10px 10px 0;cursor:pointer; cursor:hand;width: 220px; height: 183px;" src="http://1.bp.blogspot.com/-Szd7S1SIML4/TYvEpB3jbJI/AAAAAAAAAo8/X1exzPv3Veo/s320/mg_int_300x250.jpg" border="0" alt=""id="BLOGGER_PHOTO_ID_5587775971838356626" /&gt;&lt;/a&gt;&lt;br /&gt;Interfin Baning Corporation fraud on CFX Bank unpacked - 1 of 5&lt;br /&gt;&lt;br /&gt;According to All Africa website CFX Bank merged with Interfin Bank and the merger was approved http://allafrica.com/stories/201011180051.html . However if the merger was approved by all the regulatory Authorities then why would Interfin try to liquidate a Bank which it merged with. It clearly doesn’t make any sense to liquidate a Bank which has already been merged with another . Its not legally possible and its practically fictitious to claim to liquidate a Bank which has already merged with another resulting in the formation of a new entity.&lt;br /&gt;&lt;br /&gt;Interfin Banking Corporation Zimbabwe is a product of a fraudulent merger between Interfin Merchant Bank and CFX Bank which was subsequently renamed Interfin Banking Corporation after another irregular merger between Century/CFX Bank Limited and Interfin Bank Zimbabwe. Any further transaction or re-organization or restructuring will not change the facts that Interfin Banking Corporation has a disputed ownership due to the presence of CFX Bank assets in its DNA composition.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;The so-called liquidation of CFX Bank is nothing but a fraud being perpetrated by Interfin Holdings Directors led by MD Raymond Njanike and Chairman Farai Rwodzi. There is no liquidation taking place whatsoever since all the CFX assets have already been ``merged`` and transferred into the new entity now renamed Interfin Banking Corporation. This is an effort to hide the tracks of the original fraud which is being challenged under High Court case HC 6244-04.This is an effort to escape legitimate liabilities brought about by Interfin`s unwise and greed move of trying to grab CFX Bank assets.&lt;br /&gt;&lt;br /&gt;Interfin can not fully capitalize a Bank  and then liquidate the same bank all within a year .According to another report titled   Interfin Holdings Fully Capitalises CFX Bank Published on 13 January 2010 -  http://allafrica.com/stories/201001130248.html . This does not add up and only provides further evidence that Interfin Banking Corporation are involved in fraudulent transaction and the various movements are meant to hide the tracks and cleanse an otherwise illegal and underhand deal.&lt;br /&gt;There can be no talk of liquidating CFX Bank since CFX Assets  have been merged with Interfin and effectively transferred into Interfin Banking Corporation and rebranded Interfin Banking Corporation in an a deliberate fraudulent effort to hide the illegal take over of Century – CFX Bank assets and network.&lt;br /&gt;Specifically the assets below have been stripped from CFX Bank and transferred into Interfin Banking Corporation. IT and Computer Systems &lt;br /&gt;- MoneyGram Money  Transfer Franchise and System&lt;br /&gt;- Branch Network&lt;br /&gt;- Customers , clients and loan Book&lt;br /&gt;- International Correspondent Bank Network&lt;br /&gt;- Management and Staff&lt;br /&gt;- Leases,Contracts and general goodwill&lt;br /&gt;- Buildings and offices&lt;br /&gt;-  ZSE Listing Spot&lt;br /&gt;&lt;br /&gt;CFX Bank had the most advanced IT and Computer System in Zimbabwe banking and this has been looted by Interfin and transferred into Interfin Banking Corporation.&lt;br /&gt;The ENG Capital claim remains focused on Interfin Holdings limited and Interfin Banking Corporation since they are they ones who took over the assets and liabilities of CFX –Century Bank. This includes the CFX Bank Holdings Zimbabwe Stock Exchange listing which was taken over and renamed Interfin Holdings Limited all in an elaborate effort to hide the irregular and illegal take over of Century – CFX Bank.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/2172373972578903468-2419511478328896321?l=cfxbank.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://cfxbank.blogspot.com/feeds/2419511478328896321/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://cfxbank.blogspot.com/2011/03/interfin-banking-corporation-fraud-on.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/2172373972578903468/posts/default/2419511478328896321'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/2172373972578903468/posts/default/2419511478328896321'/><link rel='alternate' type='text/html' href='http://cfxbank.blogspot.com/2011/03/interfin-banking-corporation-fraud-on.html' title='Interfin Banking Corporation fraud on CFX Bank unpacked - 1 of 5'/><author><name>Admin</name><uri>http://www.blogger.com/profile/17260988479243340039</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='27' height='32' src='http://2.bp.blogspot.com/_kOi6zz4auIk/TJep-3f18uI/AAAAAAAAAVk/PybFt3V4CB0/S220/gilbert+best.jpg'/></author><media:thumbnail xmlns:media='http://search.yahoo.com/mrss/' url='http://1.bp.blogspot.com/-Szd7S1SIML4/TYvEpB3jbJI/AAAAAAAAAo8/X1exzPv3Veo/s72-c/mg_int_300x250.jpg' height='72' width='72'/><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-2172373972578903468.post-4518542866979755400</id><published>2011-03-23T18:50:00.001-07:00</published><updated>2011-03-23T18:50:45.368-07:00</updated><title type='text'>CFX Bank liquidation  a clear Fraud by Interfin Banking Corporation Board</title><content type='html'>CFX Bank liquidation  a clear Fraud by Interfin Banking Corporation Board&lt;br /&gt;&lt;br /&gt;Over the last 4 months the ENG Capital lawyers and legal Advisors had  requested that there be no further statements or public articles regarding the illegal ,irregular and fraudulent merger between CFX Bank and Interfin Bank which was renamed Interfin Banking Corporation. Their hope and expectation was that Interfin Management and shareholders will do the honourable thing and propose a reasonable way forward. Needless to say we were disappointed as the Interfin Board of Directors and Management took our silence for foolishness and proceeded to devise a fraudulent scheme claiming to liquidate CFX Bank knowing full well that CFX Bank assets such as the Moneygram Franchise ,leases, contracts ,goodwill had been spirited into Interfin Banking Corporation. This is disgraceful coming from Bankers who are supposed to be custodians of people`s wealth and savings.&lt;br /&gt;&lt;br /&gt;According to the media CFX Bank has been placed into liquidation due the ownership wrangle arising from the High Court case HC 6244-04 which I filed in Zimbabwe. After Interfin Banking Corporation unwisely merged Interfin Bank and CFX Bank and renamed the bank Interfin Banking Corporation they are now fraudulently claiming to be liquidating CFXZ Bank when all the CFX Bank assets such as its MoneyGram Franchise, Buildings, contracts ,employees etc have been stripped and transferred into Interfin Banking Corporation which took over Century / CFX Bank ZSE listing and renamed it Interfin Banking.&lt;br /&gt;&lt;br /&gt;The so-called liquidation of CFX Bank is nothing but a fraud being perpetrated by Interfin Holdings Directors led by MD Raymond Njanike and Chairman Farai Rwodzi. There is no liquidation taking place whatsoever since all the CFX assets have already been ``merged`` and transferred into the new entity now renamed Interfin Banking Corporation. This is an effort to hide the tracks of the original fraud which is being challenged under High Court case HC 6244-04.This is an effort to escape legitimate liabilities brought about by Interfin`s unwise and greed move of trying to grab CFX Bank assets.&lt;br /&gt;&lt;br /&gt;Interfin Banking Corporation Zimbabwe is a product of a fraudulent merger between Century Bank and CFX Bank which was subsequently renamed Interfin Banking Corporation after another irregular merger between Century/CFX Bank Limited and Interfin Bank Zimbabwe.&lt;br /&gt;&lt;br /&gt; Interfin Bank and its Directors led by Farai Rwodzi are guilty of cozening customers and investing public into buying worthless Interfin Holdings shares .Interfin owes me and ENG Capital US 15.4 million for the 309 million shares fraudulently converted from Century Bank into CFX Bank then Interfin Banking Corporation. And they are trying to escape paying this liability by claiming CFX Bank is being liquidated.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Interfin Bank Directors particularly MD Raymond Njanike and Chairman Farai Rwodzi  are acting irresponsibly by failing to handle a legitimate claim and responding by plastering a cracked wall which tantamount to the proverbial ostrich putting its head in the sand.&lt;br /&gt;&lt;br /&gt;Interfin Board and Management are risking shareholder funds and investor funds by their current tough guy mentality.&lt;br /&gt;&lt;br /&gt;The claim by ENG Capital and myself against Interfin and its shareholders is indisputable and must be settled. Interfin must not take the silence for foolishness we expect them to act responsibly.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Contact  ;&lt;br /&gt;Email; gilbert@gilbertmuponda.com&lt;br /&gt;Facebook: http://www.facebook.com/muponda&lt;br /&gt;Website; www.gilbertmuponda.com&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Lawyers in Zimbabwe &amp; Africa&lt;br /&gt;&lt;br /&gt;Gutu and Chikowero Attorneys at Law&lt;br /&gt;&lt;br /&gt;160 Samora Machel Avenue West edere&lt;br /&gt;Box 2480&lt;br /&gt;Harare&lt;br /&gt;Tel: 04-774271&lt;br /&gt;Tel: 04-759876/7&lt;br /&gt;Tel: 04-748585&lt;br /&gt;Fax: 04-759877&lt;br /&gt;http://www.gutulaw.co.zw&lt;br /&gt; &lt;br /&gt;Mutamangira and Associates&lt;br /&gt;2ND Floor Travel Plaza&lt;br /&gt;Cnr Mazowe/J. Chinamano&lt;br /&gt;Harare&lt;br /&gt;Telephone: +263 4 702436 &amp; 799249&lt;br /&gt;Premicell: +263 914 168 951 – 2&lt;br /&gt;http://mutamangira.com&lt;br /&gt;&lt;br /&gt;Lawyers in Canada and rest of the World&lt;br /&gt;&lt;br /&gt;SVN Law Office&lt;br /&gt;&lt;br /&gt;1315 Finch Avenue West, #410&lt;br /&gt;Toronto, Ontario&lt;br /&gt;M3J 2G6&lt;br /&gt;&lt;br /&gt;Tel: 416 638-0921&lt;br /&gt;Fax: 416 638 8626&lt;br /&gt;&lt;br /&gt;http://www.snvlawoffice.com&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/2172373972578903468-4518542866979755400?l=cfxbank.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://cfxbank.blogspot.com/feeds/4518542866979755400/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://cfxbank.blogspot.com/2011/03/cfx-bank-liquidation-clear-fraud-by.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/2172373972578903468/posts/default/4518542866979755400'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/2172373972578903468/posts/default/4518542866979755400'/><link rel='alternate' type='text/html' href='http://cfxbank.blogspot.com/2011/03/cfx-bank-liquidation-clear-fraud-by.html' title='CFX Bank liquidation  a clear Fraud by Interfin Banking Corporation Board'/><author><name>Admin</name><uri>http://www.blogger.com/profile/17260988479243340039</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='27' height='32' src='http://2.bp.blogspot.com/_kOi6zz4auIk/TJep-3f18uI/AAAAAAAAAVk/PybFt3V4CB0/S220/gilbert+best.jpg'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-2172373972578903468.post-2806490006785815181</id><published>2011-01-09T10:43:00.000-08:00</published><updated>2011-01-09T10:48:48.250-08:00</updated><title type='text'>The ENG Capital journey - the record so far!</title><content type='html'>Fraud by Raymond Njanike,Farai Rwodzi &amp; Interfin Bank against ENG Capital cant go undocumented - 5 of 5&lt;br /&gt;&lt;br /&gt;by Gilbert Muponda on Thursday, November 25, 2010 at 4:35pm &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The fact that Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation continue to mislead investing public and regulatory authorities about the legality of thier illegal action shows fraudulent intent on the part of Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;At law generally Innocent misrepresentation (Derry v. Peek)occurs when the representor had reasonable grounds for believing that his or her false statement was true.Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation have been advised and warned that their take over over Century/cfx Bank was illegal and irregular and is being challenged in high court under high court case HC-6244-04.Below is a related and relevated case which Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation must read ,study and learn from.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;"The case of Invertec Limited v. De Mol Holdings BV (1) and Henricus Albertus De Mol (2) provides useful guidance on the circumstances in which a purchaser can make a claim for fraudulent misrepresentation under a share sale and purchase agreement. Invertec (the claimant) and De Mol Holdings BV (DMH) entered into an agreement (SPA) for the sale and purchase of the entire issued share capital of Volante Public Transportation Interior Systems (Volante). Mr De Mol was a director of DMH and its sole shareholder.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Although the transaction only completed on 6 October 2005, Invertec had, by the end of October 2005, injected a further £270,000 into the company to keep it afloat and by the end of December 2005, this figure had increased to £532,000. Volante was eventually placed in to administration in December 2006. Invertec commenced proceedings claiming that it had been induced to enter into the transaction by a number of fraudulent misrepresentations made by DMH and Mr De Mol which subsequently became warranties in the SPA.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The alleged fraudulent misrepresentations were as follows:Volante's management accounts for July and August 2005. Invertec alleged that, contrary to DMH's warranty, the monthly management accounts disclosed to them were not prepared in good faith nor on bases consistent with the management accounts for the year ended 30 June 2005.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The High Court upheld this claim on the basis that Mr De Mol and his financial advisor, Mr De Wit, had clearly altered the bases of the July and August accounts by re-classifying 'factored' sales as 'in-house' sales - the effect of which was that Volante's results were more consistent with the sales projections in the budget provided to Invertec.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;No disclosure as to the reclassification of sales in the management accounts was made to Invertec.Volante's solvency. In the SPA, DMH warranted that Volante was not unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986. Invertec claimed that in fact, Volante was unable to pay its debts as at 6 October 2005, that DMH knew this before entering into the SPA and that such warranty was false and dishonestly made.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;DMH contended that the true construction of the warranty was that it was "merely a warranty that it has not been proved to the satisfaction of a court that Volante is unable to pay its debts as they fall due". The judge disagreed and in upholding Invertec's claim, stated that such a construction "would substantially deprive the warranty of effect and would make no commercial sense".Volante's corporation tax liability with regard to the financial year ended June 2004.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;DMH had represented that this sum was lower than it actually was and had failed to make any disclosure against the relevant warranty in the SPA. The judge upheld the claim on the basis that the representations made by DMH that Volante was up-to-date with its corporation tax payments were false and dishonestly made.A contract with one of Volante's customers, Alstom, was loss making and contrary to DMH's warranty that it was not party to any loss-making contracts.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;This claim was rejected by the judge on the basis that DMH had disclosed that this contract had been historically unprofitable and would continue to be so unless its terms were re-negotiated.In determining damages, the judge rejected DMH's argument that claims framed by reference to warranties in an SPA should be treated as a breach of contract only and not as misrepresentation. Importantly, the aggregate liability cap of DMH in respect of claims under the SPA (which was limited to the amount of consideration received by them) was held not to apply as there had been deliberate concealment by both DMH and Mr De Mol.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;As such, Invertec were entitled to be put back into the position it would have been had the false representations not been made - Mr De Mol was ordered to pay £1,512,113 in damages which represented the initial consideration under the SPA and also a further £532,000 and €216,000 in respect of the successful solvency and corporation tax claims. The rationale for Mr De Mol being personally liable for Invertec's loss was that the fraudulent misrepresentations were largely made by him; he was the sole negotiator for DMH and had signed the transaction documents.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation  Directors should be aware that even if they are not the selling party to an agreement, any false representations or warranties which they make to a potential purchaser and which have been made knowingly, without belief in their truth, or recklessly, may result in them being personally liable to the purchaser for fraudulent misrepresentation.As was the case above, a successful claim for fraudulent misrepresentation will often serve to extinguish the operation of any limitation of liability clauses negotiated in an agreement.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;As such, the importance of the disclosure process in a sale and purchase transaction cannot be overstated; honest, accurate and detailed disclosures will either prevent a fraudulent misrepresentation or warranty claim being made or, as was the case with the Alstom contract above, provide the basis of a successful defence to a warranty claim.Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation must be advised of their continued misrepresentation to shareholders,regulators and investing public constitutes a serious offence." &lt;br /&gt;&lt;br /&gt;Fraud by Raymond Njanike,Farai Rwodzi &amp; Interfin Bank against ENG Capital cant go undocumented - 4 of 5&lt;br /&gt;&lt;br /&gt;by Gilbert Muponda on Tuesday, November 23, 2010 at 10:21pm&lt;br /&gt;&lt;br /&gt;At law generally Innocent misrepresentation (Derry v. Peek)occurs when the representor had reasonable grounds for believing that his or her false statement was true.Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation have been advised and warned that their take over over Century/cfx Bank was illegal and irregular and is being challenged in high court under high court case HC-6244-04.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The fact that Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation continue to mislead investing public and regulatory authorities about the legality of thier illgal action shows fraudulent intent on the part of Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;In this article I have borrowed liberally from Wikipedia on seeking to unpack the illegal actions by Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation .&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation actions on Century/CFX Bank leaves a lot to be desired especially given how they have tried to conceal Interfin's illegal and corrupt take over of Century/CFX Bank.In any business it is normal to make a mistake in terms of judgement or at times to act without full information.Inititally Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation could be excused on the assumption that they were not aware of what was happening on the illegal take over of Century/CFX Bank.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Instance of false statement where (1) the party making the statement is aware that it is false or disregards the possibility of it being false, (2) the party making the statement does so to induce another party to enter into a contract, and (3) the other party enters the contract as a result of the statement and consequently suffers a loss.Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation are making false declarations to mislead investing public and regulatory bodies.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false. An action for fraudulent misrepresentation allows for a remedy of damages and rescission. One can also sue for fraudulent misrepresentation in a tort action. Fraudulent misrepresentation is capable of being made recklessly&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;According to Wikipedia Negligent misrepresentation at common law occurs when the defendant carelessly makes a representation while having no reasonable basis to believe it to be true. This type of misrepresentation is relatively new and was introduced to allow damages in situations where neither a collateral contract nor fraud is found. It was first seen in the case of Hedley Byrne v Heller [1964] A.C. 465 where the court found that a statement made negligently that was relied upon can be actionable in tort.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;"Distortion of FactA representor may make a statement which prima facie is technically true; however this may tell only half the story. If a statement of fact is made but the representor fails to include information which would significantly alter the interpretation of this fact, then a misrepresentation may have occurred. In Krakowski v Eurolynx Properties Ltd (1995) 183 CLR 563, " This is exactly what Interfin and its Directors have been doing regarding CFX Bank.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;"Learned FalsityThe negotiating stage of a contract can be a time consuming process. Because of this, new information may arise and circumstances may change. This can result in two situations which can result in a misrepresentation if silence is kept. The first is if the representor subsequently discovers that the statement was false, the second being if the statement becomes false at a later time. If a statement is made and it is subsequently made known to the representor that it is false, it would obviously be inequitable to allow the representor to remain silent with the new information.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;In Lockhart v. Osman [1981] VR 57, an agent had advertised some cattle as being "well suited for breeding purposes". Later on it was discovered that the stock had been exposed to a contagious disease which affected the reproductive system. It was held that the agent had a duty to take remedial action and correct the representation. The failure by the agent to take such measures resulted in the contract being set aside.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Should a statement be made which is true at the time, but subsequently becomes untrue due to a change in circumstances, the representor is obligated to amend the original statement" At the start one could have assumed that Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation were not aware of their illegal actions but now that High Court case HC-6244-04 has been brought to their attention they are now liable for any other statement sthey may make on CFX Bank which seek to justify their illegal and corrupt actions.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;This is the relationship that Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation have to the shareholders and general investing public "Fiduciary Relationships - A fiduciary relationship is one of trust and confidence; it involves one party acting for the benefit of another. For this reason, when entering into a contract, it is important for a fiduciary to disclose all facts which could be considered material even if not expressly asked about.[5] In Lowther v Lord Lowther (1806) 13 Ves Jr 95, the plaintiff handed over a picture to an agent for sale. The agent knew of the pictures true worth yet bought it for a considerably lower price.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The plaintiff subsequently discovered the pictures true worth and sued to rescind the contract. It was held that the defendant was in a fiduciary relationship with the plaintiff and accordingly assumed an obligation to disclose all material facts. Accordingly the contract could be rescinded." Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation are expected to act in proffessi9onal manner to safeguard investors and shareholders yet they continue to mislead and misrepresent thereby breaaking their fiduciary dutiesAccording to Wikipedia "Contracts 'Uberrimae Fidei'A contract uberrimae fidei is a contract of 'utmost good faith'.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Similarly to fiduciary relationships, the parties are required to make known all material facts influencing the contract. Contracts uberrimae fidei usually arise when one party has knowledge which the other does not have access to. Contracts which are commonly considered to be of such a nature include contracts of insurance and family agreements. When applying for insurance, the person or entity must disclose all material facts so that the insurer can properly asses the risk involved with the offering of insurance.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Since the insurer cannot have access to all information relating to the insured and their situation which could affect the risk involved, it is necessary for this disclosure so that both parties are entering into the contract on equal grounds. Lord Blackburn addressed the issue in Brownlie v Campbell (1880) 5 App Cas 925 when he noted "...the concealment of a material circumstance known to you...avoids the policy"&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;This is true in as far as Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation are misleading shareholders and potential shareholders to buy Interfin Banking Corporation shares fully aware of the implications of High court case HC-6244-04 which wiill leave Interfin Bank a mere shell.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation  are breaking various laws and regulations in their defiance of common sense.As Directors of a Public Compnay and Financial Institution they have Fiduciary responsibilities under the Companies Act,The Zimbabwe Stock Exchange Act ,The Banking Act and The Reserve Bank of Zimbabwe Act.They are breaking all those acts whilst defending a looted asset which was fraudulently seized from ENG Capital. &lt;br /&gt;&lt;br /&gt;Fraud by Raymond Njanike,Farai Rwodzi &amp; Interfin Bank against ENG Capital cant go undocumented - 3 of 5&lt;br /&gt;&lt;br /&gt;by Gilbert Muponda on Sunday, November 21, 2010 at 10:11am&lt;br /&gt;&lt;br /&gt;Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation actions on Century/CFX Bank leaves a lot to be desired especially given how they have tried to conceal Interfin's illegal and corrupt take over of Century/CFX Bank.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;In any business it is normal to make a mistake in terms of judgement or at times to act without full information.Inititally Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation could be excused on the assumption that they were not aware of what was happening on the illegal take over of Century/CFX Bank.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;However when it becomes clear that the Bank has been invloved in an illegal and irregular transaction there is no excuse for Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation to proceed and manupoulativley convince their lawyers such as Mr Stanford Moyo to issue a legal opinion that would attempt to conceal and hide the initial fraudulent conversion of Century Bank into CFX Bank then Interfin Banking Corporation.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Such actions are illegal and fraudulent.Once Directors become aware of an illegal and irregular transaction they have an obligation to try and resolve the matter as amicable as possible.There is normally no need for bravado as is being displayed by Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation .Such arrogance and bravado only serves to complicate the situation as it becomes necessary to investigate whether the initial transaction was a mistake or Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation in fact connived to defraud ENG Capital of its 309 million shares in Century/CFX Bank valued at US$ 15.4 million&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Directors of a Bank are supposed to be people of unquestionable honesty and integrity.They have serious responsibity to the investing public and to regulatory authorities who entrust them to do the right,legal things at all times in addition to being honest about any activities the Bank may undertake.The defiance of logic by Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation in light of overwhelming evidence that Interfin are in possession of a stolen asset only brings into question the intergrity of Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation According to recent press reports Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation had managed to to mislead regulatory Authorities such as the Reserve Bank and Ministry of Finance to approve their fraudulent take over of Century/CFX Bank.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;This fraudulent transaction is still being challenged in court under high court case HC 6244-04.Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation  are breaking various laws and regulations in their defiance of common sense.As Directors of a Public Compnay and Financial Institution they have Fiduciary responsibilities under the Companies Act,The Zimbabwe Stock Exchange Act ,The Banking Act and The Reserve Bank of Zimbabwe Act.They are breaking all those acts whilst defending a looted asset which was fraudulently seized from ENG Capital. &lt;br /&gt;Fraud by Raymond Njanike,Farai Rwodzi &amp; Interfin Bank against ENG Capital cant go undocumented - 2 of 5 &lt;br /&gt;&lt;br /&gt;by Gilbert Muponda on Saturday, November 20, 2010 at 6:57pm&lt;br /&gt;&lt;br /&gt;According to recent press reports Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation had managed to to mislead regulatory Authorities such as the Reserve Bank and Ministry of Finance to approve their fraudulent take over of Century/CFX Bank.This fraudulent transaction is still being challenged in court under high court case HC 6244-04.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The current Interfin Banking Coroporation (IBC) is a fraudulent result from the illegal and irreugular conversion of Century Bank into CFX Bank then Interfin Banking Corporation.The fast and swift Bank name changes over a very short period clearly show an attempt to conceal the illegal and fraudulent seizurwe of Century Bank which was rebranded CFX Bank.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;CFX bank was further rebranded into Interfin Banking Corporation as a way to hide the illegal conversion of 309 million Century Bank shares belonging to ENG Capital which were illegaly and corruptly converted to CFX Bank.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Since the 309 million belongong to ENG Capital were illegally and corruptly converted into CFX Bank then Interfin Banking Corporation ENG has a legitimate and indisputable claim of $ 15.4 million against Interfin Holdings Zimbabwe being the 309 million shares multiplied by $ 0.05 per share.this claim is premised on the high court case HC-6244-04 which is currently before the High Court of Zimbabwe.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation have been busy grand standing and misleading regulatory authorities using various legal and illegal tactics.These include manupulating the press and legal advisors into making suspcious legal opinion which are based on incompletew and at times totally false information.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation  must be made awre its a crime to mislead investors into buying shares whilst withholding material information.This is a serious offence which undermines investor confidence in Zimnbabwe's financial and banking system.Its totally unheard of for a Managing Director and his Chairman to be stepping over each other to make false and misleading information whilst hiding the truth as Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation have been doing over the last few months.Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation  are breaking various laws and regulations in their defiance of common sense.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;As Directors of a Public CompaNy and Financial Institution they have Fiduciary responsibilities under the Companies Act,The Zimbabwe Stock Exchange Act ,The Banking Act and The Reserve Bank of Zimbabwe Act.They are breaking all those acts whilst defending a looted asset which was fraudulently seized from ENG Capital. &lt;br /&gt;Fraud by Raymond Njanike,Farai Rwodzi &amp; Interfin Bank against ENG Capital cant go undocumented - 1 of 5 &lt;br /&gt;&lt;br /&gt;by Gilbert Muponda on Thursday, November 18, 2010 at 7:55pm &lt;br /&gt;&lt;br /&gt;The Herald Newspaper this week reported that Raymond Njanike ( Interfin Bank MD) ,Farai Rwodzi ( Interfin Chairman) and Interfin Banking Corporation had managed to to mislead regulatory Authorities such as the Reserve Bank and Ministry of Finance to approve their fraudulent take over of Century/CFX Bank.This fraudulent transaction is still being challenged in court under high court case HC 6244-04.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Farai Rwodzi,Raymond Njanike and Interfin banking Corporation owe are fully aware that their taske over of Century.CFX Bank was fraudulent therefore its null and void.In addition its a mind boggling puzzle how individuals who claim to be Bankers can go ahead and "take over" a Bank whose ownership is already being challenged in Court under HIGH court case HC-6244-02 .&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Such actions are clearly fraudulent as Interfin are now trying to rebrand the Bank and strip assets whilct the case is still pending before the courts.Their aim is to mix up assets until they cant be identified or traced theby allowing them to get away with the fraud and conceal their illegal actions.Farai Rwodzi and Interfin owe $ 15.4 million being the value of the fraudelently acquired 309 million shares at the share value of $ 0.05 per share.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;This claim is indisputable since Interfin were fully aware of the legal proceedings regarding these shares before their purported "acquistion" of Century/CFX Bank.Instead of continueing to mislead investing public,depositors and regulatory approvals about their fraudulent activities Interfin should be focused on raisning the $ 15.4 million which they owe me and my Company ENG Capital for the 309 million shares at $ 0.05 per share.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Interfin Bank, Raymond Njanike and Farai Rwodzi have been manupulating their lawyers Mr Stanford Moyo and Mr Addington Chinake by giving them false and incomplete information about their illegal and irregular acquistion of CFX/Century Bank.In turn these reputable lawyers were duped into issuing legal opinion which they wouldnt have issued had they known the full facts such as the High Court case HC-6244-04.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;In addition Farai Rwodzi,Raymond Njanike and Interfin Bank have proceeded to  mislead regulatory Authorities into approving a fraudulent transaction which is being challenged in court.Such actions of deliberately misleading a regulatory body are illegal and fraudulent.These actions endangers the survival of Interfin and potentially puts investor funds into jeorpady once the regulators discover that their approavals were obtained based on false and incomplete disclosure of information.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Interfin Bank Holdings share price should reflect ENG Capital claim Part 1 of 5&lt;br /&gt;&lt;br /&gt;by Gilbert Muponda on Monday, October 25, 2010 at 11:29pm&lt;br /&gt;&lt;br /&gt;Fundamental analysis of a business involves analyzing its financial statements and health, its management and competitive advantages, and its competitors and markets. Interfin Banking Corporation Zimbabwe misled Interfin Banking Corporation Zimbabwe's investors about the risks and credit quality of its shares by misleading their lawyer Mr Sternbford Moyo into issuing a legal opinion which totally ignored High Court Case HC-6244-04&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Interfin Banking Corporation Zimbabwe is a product of a fraudulent merger between Century Bank and CFX Bank which was subsequently renamed Interfin Banking Corporation after another irregular merger between Century/CFX Bank and Interfin Bank Zimbabwe.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The misleading communications to investors related to the effect of the turmoil related to the $ 15.4 million claim for the 309 million Century shares which were fraudulently converted into Century/CFX Bank shares then into Interfin Bank shares. Investors are not being told the impact of High Court Case HC -6244-04 . The full founding affidavit for High Court Case HC-6244-04 is found here&lt;br /&gt;&lt;br /&gt;http://www.facebook.com/album.php?aid=2059705&amp;id=1393181020&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;All these "fake mergers" were designed with the intention of concealing the initial fraudulent  transfer of 309 million Century shares illegally and irregularly transfered into Century/CFX Bank then Interfin Banking Corporation. This illegal transfer is being challenged through High court case HC-6244-04.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;ENG Capital and myself are claiming US$ 15.4 million being the 309 million shares multiplied by the share price of $ 0.05 which give the claim total of US $ 15.4 million. Accordingly the share price and market value of Interfin Bank Holdings should be adjusted to take into account of this indisputable claim of $ 15.4 million which Interfin has to settle.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;According to Wikipedia below are some of the factors which the share price and value of a company must factor into. One should   consider Interfin Bank's Management poor judgement in "merging" with Century/CFX Bank which has litigation under High Court Case HC-6244-04&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;In economics and financial theory, analysts use random walk techniques to model behavior of asset prices, in particular shareprices on stock markets, currency exchange rates and commodity prices. This practice has its basis in the presumption that investors act rationally and without bias, and that at any moment they estimate the value of an asset based on future expectations. Under these conditions, all existing information affects the price, which changes only when new information comes out. By definition, new information appears randomly and influences the asset price randomly.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;When viewed over long periods, the share price is directly related to the earnings and dividends of the firm. Over short periods, especially for younger or smaller firms, the relationship between share price and dividends can be quite unmatched"&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Interfin Bank Holdings share price should reflect ENG Capital claim Part 2 of 5&lt;br /&gt;&lt;br /&gt;by Gilbert Muponda on Monday, October 25, 2010 at 8:03pm&lt;br /&gt;&lt;br /&gt;In Investment Banking and in Finance the rules of financial disclosure are simple -- if you choose to speak, speak in full and not in half-truths." Farai Rwodzi and Interfin Bank Zimbabwe have been providing half baked stories on the effect and impact of HC-6244-04 .The full founding affidavit for High Court Case HC-6244-04 is found here&lt;br /&gt;&lt;br /&gt;http://www.facebook.com/album.php?aid=2059705&amp;id=1393181020&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Farai Rwodzi and Interfin Banking Corporation Zimbabwe improper disclosures came at a critical time when investors were clamoring for details about Interfin Banking Corporation Zimbabwes' ability to settle the $ 15.4 million claim by ENG Capital relating to the 309 million Century shares which were illegally and fraudulently converted into Interfin Banking Corporation.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Instead of providing clear and accurate information to the market, Interfin Banking Corporation Zimbabwe dropped the ball and made a bad situation worse by claiming that ENG Capital did not have a legitimate claim based on their legal opinion obtained from Mr Sternford Moyo after misleading him..&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Interfin Banking Corporation Zimbabwe is a product of a fraudulent merger between Century Bank and CFX Bank which was subsequently renamed Interfin Banking Corporation after another irregular merger between Century/CFX Bank and Interfin Bank Zimbabwe.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;In response to intense investor interest on the topic, Interfin Banking Corporation Zimbabwe repeatedly made misleading statements in earnings forecasts and public filings and regulatory filings to the Reserve Bank of Zimbabwe and to The Zimbabwe Stock Exchange about the extent of its holdings of assets which are under litigation which would most likely result in Interfin Banking Corporation Zimbabwe failing to meet the going concern rule.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;All these "fake mergers" described above were designed with the intention of concealing the initial fraudulent  transfer of 309 million Century shares illegally and irregularly transfered into Century/CFX Bank then Interfin Banking Corporation. This illegal transfer is being challenged through High court case HC-6244-04.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;ENG Capital and myself are claiming US$ 15.4 million being the 309 million shares multiplied by the share price of $ 0.05 which give the claim total of US $ 15.4 million. Accordingly the share price and market value of Interfin Bank Holdings should be adjusted to take into account of this indisputable claim of $ 15.4 million which Interfin has to settle.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;According to Wikipedia below are some of the factors which the share price and value of a company must factor into. One should   consider Interfin Bank's Management poor judgement in "merging" with Century/CFX Bank which has litigation under High Court Case HC-6244-04&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;In addition to High Court Case HC-6244-04 Interfin Bank investor need to consider the following factors raised by Wikipedia when investing in Interfin Bank Zimbabwe shares&lt;br /&gt;&lt;br /&gt;"Stocks have two types of valuations. One is a value created using some type of cash flow, sales or fundamental earnings analysis. The other value is dictated by how much an investor is willing to pay for a particular share of stock and by how much other investors are willing to sell a stock for (in other words, by supply and demand). Both of these values change over time as investors change the way they analyze stocks and as they become more or less confident in the future of stocks.&lt;br /&gt;&lt;br /&gt;Earnings per share is generally considered to be the single most important variable in determining a share's price. It is also a major component used to calculate the price-to-earnings valuation ratio.&lt;br /&gt;&lt;br /&gt;An important aspect of EPS that's often ignored is the capital that is required to generate the earnings (net income) in the calculation. Two companies could generate the same EPS number, but one could do so with less equity (investment) - that company would be more efficient at using its capital to generate income and, all other things being equal, would be a "better" company.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;It is important not to rely on any one financial measure, but to use it in conjunction with statement analysis and other measures &lt;br /&gt;&lt;br /&gt;In financial markets, stock valuation is the method of calculating theoretical values of companies and their stocks. The main use of these methods is to predict future market prices, or more generally potential market prices, and thus to profit from price movement - stocks that are judged undervalued (with respect to their theoretical value) are bought, while stocks that are judged overvalued are sold, in the expectation that undervalued stocks will, on the whole, rise in value, while overvalued stocks will, on the whole, fall. &lt;br /&gt;In the view of fundamental analysis, stock valuation based on fundamentals aims to give an estimate of their intrinsic value of the stock, based on predictions of the future cash flows and profitability of the business." &lt;br /&gt;&lt;br /&gt;Interfin Bank Holdings share price should reflect ENG Capital claim Part 3 of 5&lt;br /&gt;&lt;br /&gt;by Gilbert Muponda on Sunday, October 24, 2010 at 7:16pm&lt;br /&gt;&lt;br /&gt;Interfin Bank Holdings share price should reflect  ENG Capital claim Part 3 of 5&lt;br /&gt;&lt;br /&gt;Investors and shareholders buying Interfin Bank Holdings shares need to properly access the value of the share before sinking their money into a disputed asset.Such investors are advised to review contents of High court case HC-6244-04 which is seeking the reversal of the illegal seizure of 309 Million Century Bank shares which were converted into Century/CFX Bank then into Interfin Banking Corporation Zimbabwe.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The High court case HC-6244-04 is a must read for any and every investor or stakeholder in Interfin Banking Corporation which is in fact Century/CFX Bank in disguise.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Interfin Banking Corporation Zimbabwe is a product of a fraudulent merger between Century Bank and CFX Bank which was subsequently renamed Interfin Banking Corporation after another irregular merger between Century/CFX Bank and Interfin Bank Zimbabwe.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;High Court Case HC-6244-04 has a direct bearing on Interfin Bank's ability to go on as a going concern. The full finding affidavit for High Court Case HC-6244-04 is found here&lt;br /&gt;&lt;br /&gt;http://www.facebook.com/album.php?aid=2059705&amp;id=1393181020&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;All these "fake mergers" were designed with the intention of concealing the initial fraudulent  transfer of 309 million Century shares illegally and irregularly transfered into Century/CFX Bank then Interfin Banking Corporation. This illegal transfer is being challenged through High court case HC-6244-04.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;ENG Capital and myself are claiming US$ 15.4 million being the 309 million shares multiplied by the share price of $ 0.05 which give the claim total of US $ 15.4 million. Accordingly the share price and market value of Interfin Bank Holdings should be adjusted to take into account of this indisputable claim of $ 15.4 million which Interfin has to settle.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;According to Wikipedia below are some of the factors which the share price and value of a company must factor into. One should   consider Interfin Bank's Management poor judgement in "merging" with Century/CFX Bank which has litigation under High Court Case HC-6244-04&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;According to Wikipedia "Earnings Per Share (EPS). EPS is the total net income of the company divided by the number of shares outstanding. They usually have a GAAP EPS number (which means that it is computed using all of mutually agreed upon accounting rules) and a Pro Forma EPS figure (which means that they have adjusted the income to exclude any one time items as well as some non-cash items like amortization of goodwill or stock option expenses).&lt;br /&gt;&lt;br /&gt;The most important thing to look for in the EPS figure is the overall quality of earnings. Make sure the company is not trying to manipulate their EPS numbers to make it look like they are more profitable. Also, look at the growth in EPS over the past several quarters / years to understand how volatile their EPS is, and to see if they are an underachiever or an overachiever. In other words, have they consistently beaten expectations or are they constantly restating and lowering their forecasts?&lt;br /&gt;&lt;br /&gt;The EPS number that most analysts use is the pro forma EPS. To compute this number, use the net income that excludes any one-time gains or losses and excludes any non-cash expenses like stock options or amortization of goodwill. Then divide this number by the number of fully diluted shares outstanding. You can easily find historical EPS figures and to see forecasts for the next 1-2 years by visiting free financial sites such as Yahoo Finance (enter the ticker and then click on "estimates").&lt;br /&gt;&lt;br /&gt;By doing your fundamental investment research you'll be able to arrive at your own EPS forecasts, which you can then apply to the other valuation techniques below.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Price to Earnings (P/E). Now that you have several EPS figures (historical and forecasts), you'll be able to look at the most common valuation technique used by analysts, the price to earnings ratio, or P/E. To compute this figure, take the stock price and divide it by the annual EPS figure. For example, if the stock is trading at $10 and the EPS is $0.50, the P/E is 20 times. To get a good feeling of what P/E multiple a stock trades at, be sure to look at the historical and forward ratios.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Historical P/Es are computed by taking the current price divided by the sum of the EPS for the last four quarters, or for the previous year. You should also look at the historical trends of the P/E by viewing a chart of its historical P/E over the last several years (you can find on most finance sites like Yahoo Finance). Specifically you want to find out what range the P/E has traded in so that you can determine if the current P/E is high or low versus its historical average.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Forward P/Es are probably the single most important valuation method because they reflect the future growth of the company into the figure. And remember, all stocks are priced based on their future earnings, not on their past earnings. However, past earnings are sometimes a good indicator for future earnings. Forward P/Es are computed by taking the current stock price divided by the sum of the EPS estimates for the next four quarters, or for the EPS estimate for next calendar of fiscal year or two.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;I always use the Forward P/E for the next two calendar years to compute my forward P/Es. That way I can easily compare the P/E of one company to that of its competitors and to that of the market. For example, Cisco's fiscal year ends in July, so to compute the P/E for that calendar year, I would add together the quarterly EPS estimates (or actuals in some cases) for its quarters ended April, July, October and the next January. Use the current price divided by this number to arrive at the P/E.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Also, it is important to remember that P/Es change constantly. If there is a large price change in a stock you are watching, or if the earnings (EPS) estimates change, be sure to recompute the ratio.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Growth Rate. Valuations rely very heavily on the expected growth rate of a company. For starters, you can look at the historical growth rate of both sales and income to get a feeling for what type of future growth that you can expect. However, companies are constantly changing, as well as the economy, so don't rely on historical growth rates to predict the future, but instead use them as a guideline for what future growth could look like if similar circumstances are encountered by the company. To calculate your future growth rate, you'll need to do your own investment research.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The easiest way to arrive at this forecast is to listen to the company's quarterly conference call, or if it has already happened, then read a press release or other company article that discusses the company's growth guidance. However, remember that although company's are in the best position to forecast their own growth, they are not very accurate, and things change rapidly in the economy and in their industry. So before you forecast a growth rate, try to take all of these factors into account."&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Adopted from Wikipedia to illustrate other factors which Interfin Bank Investors and shareholders should consider when trading in Interfin Bank Holdings shares.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Interfin Bank Holdings share price should reflect ENG Capital claim Part 4 of 5&lt;br /&gt;&lt;br /&gt;by Gilbert Muponda on Sunday, October 24, 2010 at 5:00pm&lt;br /&gt;&lt;br /&gt;ENG Capital and myself are claiming US$ 15.4 million being the 309 million shares multiplied by the share price of $ 0.05 which give the claim total of US $ 15.4 million. Accordingly the share price and market value of Interfin Bank Holdings should be adjusted to take into account of this indisputable claim of $ 15.4 million which Interfin has to settle.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Interfin Banking Corporation Zimbabwe is a product of a fraudulent merger between Century Bank and CFX Bank which was subsequently renamed Interfin Banking Corporation after another irregular merger between Century/CFX Bank and Interfin Bank Zimbabwe.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;All these "fake mergers" were designed with the intention of concealing the initial fraudulent  transfer of 309 million Century shares illegally and irregularly transfered into Century/CFX Bank then Interfin Banking Corporation. This illegal transfer is being challenged through High court case HC-6244-04.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;According to Wikipedia below are some of the factors which the share price and value of a company must factor into. One should   consider Interfin Bank's Management poor judgement in "merging" with Century/CFX Bank which has litigation under High Court Case HC-6244-04&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Wikipedia states that "Return on Invested Capital (ROIC). This valuation technique measures how much money the company makes each year per dollar of invested capital. Invested Capital is the amount of money invested in the company by both stockholders and debtors. The ratio is expressed as a percent and you should look for a percent that approximates the level of growth that you expect. In its simplest definition, this ratio measures the investment return that management is able to get for its capital. The higher the number, the better the return.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;To compute the ratio, take the pro forma net income (same one used in the EPS figure mentioned above) and divide it by the invested capital. Invested capital can be estimated by adding together the stockholders equity, the total long and short term debt and accounts payable, and then subtracting accounts receivable and cash (all of these numbers can be found on the company's latest quarterly balance sheet). This ratio is much more useful when you compare it to other companies that you are valuing.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Return on Assets (ROA). Similar to ROIC, ROA, expressed as a percent, measures the company's ability to make money from its assets. To measure the ROA, take the pro forma net income divided by the total assets. However, because of very common irregularities in balance sheets (due to things like Goodwill, write-offs, discontinuations, etc.) this ratio is not always a good indicator of the company's potential. If the ratio is higher or lower than you expected, be sure to look closely at the assets to see what could be over or understating the figure.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Price to Sales (P/S). This figure is useful because it compares the current stock price to the annual sales. In other words, it tells you how much the stock costs per dollar of sales earned. To compute it, take the current stock price divided by the annual sales per share.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The annual sales per share should be calculated by taking the net sales for the last four quarters divided by the fully diluted shares outstanding (both of these figures can be found by looking at the press releases or quarterly reports).&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The price to sales ratio is useful, but it does not take into account any debt the company has. For example, if a company is heavily financed by debt instead of equity, then the sales per share will seem high (the P/S will be lower). All things equal, a lower P/S ratio is better. However, this ratio is best looked at when comparing more than one company.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Market Cap. Market Cap, which is short for Market Capitalization, is the value of all of the company's stock. To measure it, multiply the current stock price by the fully diluted shares outstanding. Remember, the market cap is only the value of the stock. To get a more complete picture, you'll want to look at the Enterprise Value.&lt;br /&gt;&lt;br /&gt;Enterprise Value (EV). Enterprise Value is equal to the total value of the company, as it is trading for on the stock market. To compute it, add the market cap (see above) and the total net debt of the company.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The total net debt is equal to total long and short term debt plus accounts payable, minus accounts receivable, minus cash. The Enterprise Value is the best approximation of what a company is worth at any point in time because it takes into account the actual stock price instead of balance sheet prices" according to Wikepedia&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Adopted from Wikipedia to illustrate how and why the Interfin Banking Corporation share price and market value should be adjusted to reflect the ENG Capital indisputable claim of US $ 15.4 million being the stolen 309 million shares multiplied by the share value of $ 0.05 per share givng the total claim total of $ 15.4 million which Interfin Bank owes to me and my Company ENG Capital - Relentless Innovation. &lt;br /&gt;&lt;br /&gt;Interfin Bank Holdings share price should reflect ENG Capital claim Part 5 of 5&lt;br /&gt;&lt;br /&gt;by Gilbert Muponda on Sunday, October 24, 2010 at 4:26pm&lt;br /&gt;&lt;br /&gt;Interfin Bank Holdings share price should reflect  ENG Capital claim Part 5 of 5&lt;br /&gt;&lt;br /&gt;Interfin Banking Corporation Zimbabwe is a product of a fraudulent merger between Century Bank and CFX Bank which was subsequently renamed Interfin Banking Corporation after another irregular merger between Century/CFX Bank and Interfin Bank Zimbabwe.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;All these "fake mergers" were designed with the intention of concealing the initial fraudulent  transfer of 309 million Century shares illegally and irregularly transfered into Century/CFX Bank then Interfin Banking Corporation. This illegal transfer is being challenged through High court case HC-6244-04.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;ENG Capital and myself are claiming US$ 15.4 million being the 309 million shares multiplied by the share price of $ 0.05 which give the claim total of US $ 15.4 million. Accordingly the share price and market value of Interfin Bank Holdings should be adjusted to take into account of this indisputable claim of $ 15.4 million which Interfin has to settle.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;According to Wikipedia below are some of the factors which the share price and value of a company must factor into. One should   consider Interfin Bank's Management poor judgement in "merging" with Century/CFX Bank which has litigation under High Court Case HC-6244-04&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;"Management issues&lt;br /&gt;&lt;br /&gt;Management issues: This involves examining perceptions about management and perceptions by management. It includes various qualitative judgments regarding the competence of current and prospective company management, as well as issues related to insider buying, future strategies to increase operations and market share. Most large companies compensate executives through a combination of cash, restricted stock and options. It is a positive sign when members of management are also shareholders.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;When management makes large purchases of their own stock with private funds, it may indicate that management insiders feel the company is undervalued, or that a favorable company event will occur soon.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Another way to get a feel for management capability is to examine how executives performed at other companies in the past. Warren Buffett has several recommendations for investors who want to evaluate a company's management as a precursor to possible investment in that company's stock. For example, he advises that one way to determine if management is doing a good job is to evaluate the company's return on equity, instead of their earnings per share (the portion of a company's profit allocated to each outstanding share of common stock).&lt;br /&gt;&lt;br /&gt;"The primary test of managerial economic performance is achievement of a high earnings rate on equity capital employed (without undue leverage, accounting gimmickry, etc.) and not the achievement of consistent gains in earnings per share."&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Buffett notes that because companies usually retain a portion of their earnings, the assets a profitable company owns, should increase annually. This additional cash allows the company to report increased earnings per share even if their performance is deteriorating.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;He also emphasizes investing in companies with a management team that is committed to controlling costs. Cost-control is reflected by a profit margin exceeding those of competitors. Superior managers "attack costs as vigorously when profits are at record levels as when they are under pressure".&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Therefore, be wary of companies that have opulent corporate offices, unusually large corporate staffs and other signs of bloat. Additionally, Buffett suggests investing in companies with honest and candid management, and avoiding companies that have a history of using accounting gimmicks to inflate profits or have mislead investors in the past"&lt;br /&gt;&lt;br /&gt;Adopted from Wikipedia &lt;br /&gt;Sternford Moyo misled &amp; manipulated by Farai Rwodzi and Interfin on ENG Capital - Part 5 of 5&lt;br /&gt;&lt;br /&gt;by Gilbert Muponda on Thursday, October 14, 2010 at 10:03pm&lt;br /&gt;&lt;br /&gt;Sternford Moyo misled &amp; manipulated by Farai Rwodzi and Interfin on ENG Capital - Part 5  of 5&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Interfin Bank Directors seem to be ill advised and practizing massive self-deception on a grand scale. It is well documented and in public domain that I challenged the illegal sale and or transfer of Century bank through High Court case HC-6244-04.Yet they go ahead and somehow convince a Lawyer of Mr Sternford Moyo's standing to issue a legal opinion that has an effect of breaking the ZSE Act and mislead the investing public. This is a serious offence under the ZSE Act, Company Act and other Zimbabwean laws that govern director fiduciary duties.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;These Directors need to know that in their personal capacity they  could be fired, tried and convicted for lying to minority shareholders and the Investing public...their employer.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Everyone wants the money, but it pretty much amounts to selling your soul when supposedly respected members of the comm7unity such as Bank directors willingly mislead the regulatory bodies such as The Reserve Bank of Zimbabwe, Zimbabwe Stock Exchange ,Ministry of Finance, Securities Commission etc.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The ZIMBABWE STOCK EXCHANGE ACTActs 27/1973, 24/1975, 15/1981, 20/1984; R.G.Ns 54/1975; 1135/1975, S.Is 468/1979, 236/1980. Is clear on this. Below is an extract from the ZSE act which Interfin Banking Corporation Directors ought to be familiar with since they run a Company governed by this act.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;"73 Prohibition of fraudulent acts or of carrying on business of stock exchange&lt;br /&gt;&lt;br /&gt;(1) No person shall--&lt;br /&gt;&lt;br /&gt;(a) make or cause or permit to be made in any document or return which&lt;br /&gt;&lt;br /&gt;is required by or under this Act to be sent to the Secretary, the Minister, the Registrar,&lt;br /&gt;&lt;br /&gt;the Committee, the Exchange auditor or an auditor referred to in paragraph (d) of&lt;br /&gt;&lt;br /&gt;section forty-six a statement which he knows to be false or does not know or believe&lt;br /&gt;&lt;br /&gt;to be true; or&lt;br /&gt;&lt;br /&gt;(b) by addition, alteration, erasure or omission falsify any document or&lt;br /&gt;&lt;br /&gt;return referred to in paragraph (a); or&lt;br /&gt;&lt;br /&gt;(c) by any statement, promise or forecast which he knows to be false or&lt;br /&gt;&lt;br /&gt;does not know or believe to be true induce any other person to purchase or sell any&lt;br /&gt;&lt;br /&gt;securities; or&lt;br /&gt;&lt;br /&gt;(d) directly or indirectly use or take part in any manipulative or deceptive&lt;br /&gt;&lt;br /&gt;method of dealing in listed securities likely to stimulate further dealings in listed&lt;br /&gt;&lt;br /&gt;securities or any class or classes thereof on the Exchange; or&lt;br /&gt;&lt;br /&gt;(e) by means of fictitious transactions or the spreading of false reports&lt;br /&gt;&lt;br /&gt;influence the prices of listed securities or any class or classes thereof on the&lt;br /&gt;&lt;br /&gt;Exchange."&lt;br /&gt;&lt;br /&gt;Practizing self deception at an alarming scale when they willingly break the relevant Governing Act .This act is freely available on the internet and Interfin Bank Directors need to familiarize themselves .The direct link is here http://www.parlzim.gov.zw/cms/Acts/Title24_COMMERCIAL_AND_FINANCIAL_INSTITUTIONS/ZIMBABWE_STOCK_EXCHANGE_ACT_24_18.pdf&lt;br /&gt;&lt;br /&gt;Interfin Banking Corporation Directors seem to be practizing moral flexibility whilst bending rules and regulations to conceal their prior knowledge of a legitimate claim which they with held informing their employers who are the Investing public who are protected by the ZIMBABWE STOCK EXCHANGE ACT Acts 27/1973, 24/1975, 15/1981, 20/1984; R.G.Ns 54/1975; 1135/1975, S.Is 468/1979, 236/1980.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;High Court Case HC-6244-04 was filed in 2004 and its still pending before the courts. Yet Interfin  Banking  Corporation Directors pretend there was never any challenge to their illegal and irregular grabbing of Century/CFX Bank.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;By will fully and deliberately misleading the Investing Public in violation of the ZSE Act Interfin Banking Corporation is an organization that has re-defined the definition of corruption , deceit and concealment of material information from Investing public and Regulatory Authorities. &lt;br /&gt;&lt;br /&gt;Notice to Interfin Bank Directors &lt;br /&gt;by Gilbert Muponda on Thursday, October 14, 2010 at 5:36am&lt;br /&gt;&lt;br /&gt;It has come to my attention that Interfin Bank Directors are continuing to tarnish my reputation and mislead Investing Public and Regulatory Authorities by alleging that I never legally challenged the illegal transfer of 309 million Century/CFX shares despite their full knowledge of HC-6244-04.I humbly request that they correct this within the next 96 hrs ,failure to which I will have no choice but to do it for them. &lt;br /&gt;&lt;br /&gt;Sternford Moyo misled &amp; manipulated by Farai Rwodzi and Interfin on ENG Capital - Part 4 of 5&lt;br /&gt;&lt;br /&gt;by Gilbert Muponda on Wednesday, October 13, 2010 at 9:20am&lt;br /&gt;&lt;br /&gt;Mr Sternford Moyo's claim that there was never an objection to the sale and or transfer of the Century Shares into CFX Bank shares then Interfin Bank shares can not go unchallenged .His opinion must be  put under an intregrity test and be compared to publicly available information.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;In my original article  titled "Gilbert Muponda: Further Revelations on the Century/CFX bank Fraud"&lt;br /&gt;&lt;br /&gt;Published more than a year ago on  Sep 28th, 2009 and filed under Financial News, which appeared in many newspapers including The Zimbabwe Metro Newspaper I made it clear there was already a High Court case blocking the illegal sale and transfer of the 309 Million Century Shares. The relevant link is here http://www.zimbabwemetro.com/finance/gilbert-muponda-further-revelations-on-the-centurycfx-bank-fraud/&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Therefore anyone who did a serious due diligence would have discovered that the dealing in such shares was null and void in addition to being illegal and fraudulent as it was misleading the investing public.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Below is the full article wherein I made it clear High Court Case HC 6244-04 had been set in motion and therefore any dealing in the said 309 million Century shares and any attempt to conceal the original fraudulent transfer will constitute further unacceptable fraudulent behavior and decepit meant to mislead regulatory Authorities and the General Investing public&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The original article  -&lt;br /&gt;&lt;br /&gt;"It appears there is a misunderstanding on why I have been publishing letters relating to claim for ownership of 309 million Century/CFX Bank shares. In addition some have asked why the matter is being raised 5 years after the 309 Million shares were irregularly sold and transferred.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;When the sale was done on or around 12 May 2004 I through my lawyers Ziweni and Company filed a high court application to block the sale of the shares. This record should still be there at the HarareHigh Court. As soon as we filed this application I was then specified without a hearing. This limited my ability to follow up the application. My lawyer and his firm was also specified. Leaving me without legal representation on the matter.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;This was all done to ensure that the 309 million shares are sold, transferred and Century/CFX Bank is snatched from my Company - ENG Capital.&lt;br /&gt;&lt;br /&gt;Several articles have been written highlighting how these 309 million shares and Century/CFX bank was grabbed from ENG Capital. Over the time we had hoped the current and previous Directors and Management of CFX Bank would reach out and try to find out what really transpired and resolve our claim. This is the normal way of doing business.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;If you hear someone claiming ownership of your Bank or business you are expected to confront or engage that person to verify the nature of their claim. The CFX Bank Board, Management and shareholders somehow made the arrogant decision to behave as if everything is normal and totally disregard a claim which has been documented even at High court since day one of the fraudulent merger between Century and CFX Bank.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Even the latest press comments by the Bank through an individual identified as its Lawyer it appears they want to keep hiding behind technicalities such as you should have raised the claim earlier or you are specified therefore you cant act on your own behalf. This is inaccurate and misleading.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;This level of arrogance and total disregard of material facts and potential impact on investors is an attitude which must be challenged and stopped. As out lined above this matter was filed at the high court in May 2004.And over the years articles detailing the claim have been published. Any serious and responsible Board of Directors would have taken corrective action by at least engaging in negotiations.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Let it be noted that had they done that at early stages this matter would have been closed by simply acknowledging that there was some injustice but however they were not aware that such a thing had happened. This would have been a reasonable and acceptable position.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;However it appears the current Board and Management want to keep denying clear facts and act as if nothing was amiss. The continual reference to my specification only highlights that the people who grabbed Century/CFX Bank from me and ENG Capital are the same people who abused the law and manipulated the legal system to specify me without a hearing so that I can follow through action to block the sale and transfer of the shares.&lt;br /&gt;&lt;br /&gt;The cases of illegal and unjust business seizures have been occurring at an alarming rate in Zimbabwe. This must be firstly documented. Those doing it must be notified and warned. Those aiding ,abetting and facilitating such business seizures must be documented and be made aware records exist of their illegal action.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Employees in affected businesses such as employees at CFX Bank are encouraged and expected to remain professional and do their best to keep the Company vibrant but must avoid being used as proxies in a shareholder fight. This is not wise.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;This part of an effort to fully document and seek redress for the fraudulent transfer of 309 million shares which were used to merge Century Bank and CFX Bank. CFX Bank was created as a result of a merger between CFX Bank and Century Bank.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Century Bank was fraudulently merged with CFX Bank through the illegal and irregular transfer of 309,000,000 Century Holdings shares owned by ENG Capital and Companies owned or controlled by ENG Capital. Since this was a fraudulent and illegal transfer of ENG shares the plotters of the scheme renamed the resultant bank CFX Bank dropping the name "Century" in an effort to hide their tracks and attempt to remove any link with Century.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;In April 2003 ENG Capital Investments acquired Century Discount Holdings from Century Financial Holdings ( A ZSE listed Financial Holdings Firm).The purchase price was Z$1.5 billion then equivalent to US$ 3 million. The purchase price was paid in full. ENG then applied to the Registrar of Banks and Financial Institutions for the change of controlling shareholder approval which approvals were denied.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;After several attempts to get the underlying reasons for the denial I was informed that ? the Authorities? were not comfortable with ENG political inclination which they said remained ?unclear? in addition issue of the ENG Directors age was raised. We then tried to find out if Century Financial Holdings was in a position to refund ENG for the purchase price and to reverse the Century Discount House purchase. Century Holdings was not in a position to refund ENG.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The only recourse was that ENG had to acquire Century Financial Holdings to mitigate any potential loss of outlay on the Century Discount house acquisition. As such ENG and its associated Companies acquired a total of 52% (including the 309 million) of Century Financial Holdings making Century an ENG subsidiary.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Through our Lawyers Ziweni and Company we sought the identity of the buyer and also to clarify that the share sell was null and void as it had all the hall marks of corruption, insider dealing and was being challenged by the beneficial owners of the shares. In addition the shares had been sold through a special bargain and not an open market transparent transaction. The shares were sold for an unrealistic amount of Z$ 3 billion when ENG Capital had acquired the same shares for at least Z$35 billion. This resulted in the prejudice of Z$ 32 billion to ENG Capital Creditors and Contributories/Shareholders. We also asked the Zimbabwe Stock Exchange to investigate and stop the share transfer.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;These articles form part of a wider effort to ensure that Zimbabwe?s Corporate sector eventually develops to be one where shareholders are respected and the rule of law is not applied selectively in terms of Investor protection. Whilst the case study may be focused on the 309 million shares and ownership of Century/CFX Bank the facts and scenario can be applied to other businesses that were affected by similar schemes that we devised by corrupt politicians and a corrupt central Bank Governor. It is very important that such cases be clearly and completely be documented."&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;End of original article.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;When such articles are freely available in the public domain it becomes a puzzling mystery as to why a Senior Lawyer such as Mr Moyo would write an opinion claiming that there was never a challenge to the illegal sale  and irregular transfer of the 309 million shares when High Court Case HC-6244-04 is pending before the courts. &lt;br /&gt;&lt;br /&gt;Sternford Moyo misled &amp; manipulated by Farai Rwodzi and Interfin on ENG Capital - Part 3 of 5&lt;br /&gt;&lt;br /&gt;by Gilbert Muponda on Tuesday, October 12, 2010 at 9:15pm&lt;br /&gt;&lt;br /&gt;After going through the legal opinion provided by Mr Sternford Moyo to Interfin regarding the disputed takeover over Century/ CFX Bank and its subsequate rebranding into Interfin Banking Corporation  it becomes clear that Mr Moyo is a victim of deception and manipulation.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;He was deceived into believing that there was never a legal challenge to the fraudulent and illegal transfer of the 309 million Century Shares into CFX Bank then into Interfin Banking Corporation. All records will show this illegal transaction was challenged through various letters and High Court application HC 6244-04 filed at Harare on May 2004.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;This challenge was widely reported in the Herald Newspaper, The Independent and the Daily Mirror. Records at the National archives will confirm this .It remains a mystery why Mr Moyo would claim that there was never a challenge when publicly available records confirm the existence of a challenge which is currently before the courts.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;"Prima facie, therefore, any disposal by the liquidator which is confirmed by the High Court or the Master of the High Court is a lawful disposal.  A party alleging that the liquidation procedures were influenced by an unlawful act or unlawful activities has to make the claim formally in court and establish the basis for any allegation he or she may make.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;It has been suggested in another opinion on the matter that Section 10 of the Prevention of Corruption Act [Chapter 9:16] divests Muponda of any locus standi.  This is not correct.  The issue was addressed by the Supreme Court in the case of MUTUMWA DZIVA MAWERE v THE MINISTER OFJUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS,  S.C. NO. 158 OF 2005.  In that matter, an objection to locus standi was raised on the basis that Mutumwa Mawere was a specified person and could not, therefore, institute legal proceedings to challenge his specification or at all without the authority of the investigator.  It was common cause that the prohibition was not absolute and could be cured by the authority of the investigator.  Likewise, the obstacle faced by the directors of ENG can be cured by the authority of the investigator.  ………." &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;It is clear from the above that Mr Moyo was misinformed and his opinion was possibly fraudulently obtained. It is noteworthy to find out who misled him and what was the intention and motive for such misinformation. What was being hidden by the false impression that there was never a court case to challenge the transfer of shares? It is clear he gave an opinion which he would not have otherwise given had he been furnished with the full facts especially my founding affidavit for High Court Case HC -6244-04&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Mr Moyo continues "……Consequently, Mr Muponda or Mr Watyoka, wherever they may be, can institute legal proceedings notwithstanding the specification.  Decisions to the High Court to the contrary made before 11th September 2008 when the Supreme Court made its above finding are applicable only where the specified person proposes to use the resources of his estate in Zimbabwe.  An additional basis raised by the Supreme Court is given on page 6 of the judgment where the Supreme Court pointed out that: "In addition, it is a moot issue whether he can be deprived of his constitutional right to challenge an administrative decision such as the above in a court of law to test its correctness.  For example if such authority was refused by the investigator the appellant would have a right to appeal if it was unreasonably refused."&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Contrary to the above excerpts the illegal sale of the 309 million shares was challenged through various channels. Letters of complaint were sent to -&lt;br /&gt;&lt;br /&gt;(1)   the Register of the High court&lt;br /&gt;&lt;br /&gt;(2)   Liquidator&lt;br /&gt;&lt;br /&gt;(3)  Zimbabwe Stock Exchange&lt;br /&gt;&lt;br /&gt;(4)  Fidelity Stock Brokers&lt;br /&gt;&lt;br /&gt;(5)  Century Holdings Limited&lt;br /&gt;&lt;br /&gt;This was followed up by a High Court application HC -6244-04  blocking the sale and or transfer of the 309 million Century/CFX Bank Shares. Its mind boggling that a Bank such as Interfin with the assistance of a lawyer of Mr Moyo's standing would conduct a due diligence and fail to uncover the existence of such publicly available records which can even be obtained from the National Archives.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;This behavior only serves to confirm that Mr Farai Rwodzi and Interfin Banking Corporation have something to hide that's why they misled a leading lawyer without letting him review details of High Court Case HC-6244-04 &lt;br /&gt;&lt;br /&gt;Sternford Moyo misled &amp; manipulated by Farai Rwodzi and Interfin on ENG Capital - Part 2 of 5&lt;br /&gt;&lt;br /&gt;by Gilbert Muponda on Monday, October 11, 2010 at 6:51pm&lt;br /&gt;&lt;br /&gt;Respected lawyer Mr Sternford Moyo was duped by Interfin Banking Corporation into issuing a legal opinion which  ignored material facts. In his opinion Mr Moyo suggests I never opposed the illegal sale and transfer of Century Bank to CFX Bank and Interfin Bank Zimbabwe.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;In May 2004 through MY then lawyers Mr Oscar Ziweni I filed a court motion opposition the sale of Century Bank or any further disposal of ENG Capital shares. Instead of responding through normal court procedure the Authorities responded by specifying me, my lawyer and my Co-Director Nyasha Watyoka.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Clearly this was illegal and unacceptable because a person can not be specified without a hearing offering them a chance to present their side of facts. I was only specified as means to tie my "legal" hands and deny me any legal standing. However the specification does not legitimize the otherwise illegal and fraudulent seizure of Century Bank which was then renamed CFX Bank then Interfin Banking Corporation to hide the illegal and irregular seizure.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;I have always maintained my 309 million Century Bank Holdings shares were fraudulently, illegally and irregularly converted into CFX shares (and) then into Interfin Bank Holdings shares. This is why I initiated High Court Case HC-6244-04 to nullify and void any attempts to sanitize this illegal and fraudulent actions.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The various rebranding attempts from Century Bank to CFX Bank to CFX/Interfin Banking Corporation clearly show there is a problem and are evidence of attempts to conceal and deceive on the initial fraudulent transfer of the Century Shares into CFX Bank then Intern Bank.&lt;br /&gt;&lt;br /&gt;For that reason we have demanded to know the full identity of the individual or entity who initially "bought" the 309 million shares for which I am demanding US$15,4 million made up of the US$0.05 per share multiplied by 309 million shares.Our legitimate claim to compensation of US$15,4 million for the 309 million shares is indisputable.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Farai Rwodzi and Interfin's refusal to pay compensation is groundless and is absolutely not acceptable.Their legal opinion I can only assume was fraudulently obtained without letting Mr Sternford Moyo assess all the effects especially HC - 6244-04&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;My attorney, the late Mr Oscar Ziweni (RIP), was harassed, intimidated and arrested for defending me and specified for taking my brief and in the end I had no legal representation .At  one point he was forced into hiding when threatened with detention on fabricated charges which were just meant to stop him from pushing HC-6244-04&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;I do not think Mr Sternford Moyo will accept that Lawyer should be specified,detained,arrested and harassed for assisting and defending clients.This behavior of intimidating lawyers is unacceptable anywhere in the world. I am shocked that Mr Moyo who is a former Chairman of the Zimbabwe Law Society does not actually come out to denounce such actions which were carried out by the people who were determined to loot ENG assets including Century Bank.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;This is wrong and Mr Moyo with all due respect is being misled and his reputation may be exposed if he writes a Legal Opinion for individuals and entities like Interfin Banking Corporation who do not disclose all material facts.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;At that time the tumultuous atmosphere that had gripped the nation and the political interference in the ENG saga, presented a clear and present danger to me and my family which left me with no choice but to leave the country in confidence to clear my name since we had already filed our court case HC 6244-04. &lt;br /&gt;Sternford Moyo misled &amp;  manipulated by Farai Rwodzi and Interfin on ENG Capital c - Part 1 of 5&lt;br /&gt;&lt;br /&gt;Mr Sternford Moyo states "The liquidation proceedings were not at any time challenged.  No attempt appears to have been made to obtain an order setting aside the proceedings.  Indeed, to date, no proceedings have been instituted to set aside the liquidation proceedings.  The companies were duly wound up in terms of the procedure provided for in the Companies Act and a distribution to creditors was duly effected.  There was no objection to the distribution." This is according to his opinion published by NEHANDARADIO.COM found here -&lt;br /&gt;&lt;br /&gt;http://nehandaradio.com/2010/10/06/legal-opinion-on-eng-vs-interfin-looting-saga/comment-page-1/#comment-15116&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;This opinion is flawed because it based on the fallicious assumption that I never challenged the liquidation or sale and or transfer of the 309 million Century/CFX shares. The truth is I challenged the whole process including the sale and transfer of the 309 million shares. My founding affidavit for the High Court Case HC-6244-04 IS FOUND HERE http://www.facebook.com/album.php?aid=2059705&amp;id=1393181020&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;My then business partner and co-director Nyasha Watyoka supported my court action under High Court Case HC 6244-04 .In fact he did his own affidavit to support my court motion. His affidavit can be found here http://www.facebook.com/album.php?aid=2059734&amp;id=1393181020&amp;l=3ea08676ec .This clearly show that there was no serious due diligence exercise done by Interfin Banking Corporation but instead they sort to manipulate a senior lawyer by giving him incomplete at times false information to induce him to author an opinion that would endorse their illegal take over of Century/CFX Bank.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;It is important in commercial transactions to obtain a legal opinion. Normally this should come from an independent and senior respected lawyer. Under normal circumstances Mr Moyo would qualify as a senior and independent lawyer .However in this case he can not be independent since he  reportedly represented Mr John Moxon and Meikles Africa Limited and Mr Farai Rwodzi of Interfin Banking Corporation is also Chairman of the same Meikles Africa Limited which Mr Moyo has represented. Therefore Mr Moyo's opinion cant be viewed as independent or unbiased .He is an interested party and as such he should have recused himself,Which led him to give an opinion  which totally ignores HC 6244-04 which he goes on to deny its existence despite overwhelming evidence of its existence,effect and impact&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;In law, an opinion (also consilia) is usually a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;According to Wikipedia - "In the United Kingdom and other common law countries, a legal opinion also refers to written legal advice on a point of law issued by either a barrister (often referred to as "counsel's opinion") or occasionally a senior government law officer, such as an attorney general.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The latter form of opinion is sometimes made available to the public either because of public pressure (see for example Lord Goldsmith's opinion on the Iraq War, Yoo memo), or because a general clarification of the law is called for (see for example, the Yorke-Talbot slavery opinion)."&lt;br /&gt;&lt;br /&gt;http://en.wikipedia.org/wiki/Legal_opinion&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;In the court application for release of ENG Capital cars my Co-Director Nyasha Watyoka is merely salvaging what we can easily salvage .However this shouldn't be mistaken as  withdrawal of any challenge to the process .There is no reason for our cars to remain locked up at Chikurubi that's why he sought their release. At no point is he saying he is happy with the process of liquidation neither is he saying he never challenged it.The fact is that we both challenged it which led to our specification .&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Mr Moyo was not properly briefed as to the reasons of our specification. We were specified after challenging the sale of the 309 million Century/CFX shares by filing HC 6244-02.As Mr Moyo suggests any evidence that we opposed the sale of the shares will help our case and its clear such evidence exists.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;It is sad that Mr Moyo was misled and manipulated into issuing an opinion which will not survive an integrity test and as such other Interfin Banking Corporation Zimbabwe Directors are at risk in their personal capacity for litigation should they still insist on relying on a faulty opinion which was prepared in the absence of full facts.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;At this stage I would advise all those in the Interfin team to take a deep breathe and re-consider their views in light of the fact that a lawyer was misled and as a result he gave a legal opinion which is not supported by facts.Mr Sternford Moyo's reputation is on the line, Farai Rwodzi's legacy is on the line , My legacy is on the line. At this stage the ball is in Interfin's court to do the right thing and negotiate their way out of the logjam they have created by trying to conceal the fact that the shares were illegally and irregularly sold in the first place and High Court Case HC-6244-04 is still pending. &lt;br /&gt;&lt;br /&gt;ENG CAPITAL - STRONG BRANDS NEV ER FADE - HOW TO RECLAIM A LOOTED ASSET &lt;br /&gt;&lt;br /&gt;ENG Capital capabilities &lt;br /&gt;There is need to understand ENG Capital's ability to mobilise Zimbabwe dollars. At its peak ENG was peerless and unrivalled in the Zimbabwean financial market in its ability to raise and access Zimbabwe dollars.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The ENG Capital Group treasury was made up of the following individual units Century Bank, Century Asset Management, Century Discount House, Leasing Company of Zimbabwe, ENG Asset Management and Hybri Micro-Finance Institution. ENG Capital group had a market capitalisation of US$ 75 million, just before the RBZ descended on the Institution. This made ENG the single biggest combined treasury in the Zimbabwe Financial market.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The installation of RTGS immediately allowed the Authorities to trace which Institutions were the biggest movers of money and the money market. The authorities were alarmed to learn that ENG (an unknown firm to them) and which didn't have a political "Godfather" was allowed to control such resources. A further study was made to trace the political inclination of the shareholders and directors. ENG was not well represented in the political ladders. The belief was that any independent financial resources could be used and was being used to clandestinely support the opposition or politicians deemed undesirable. In addition business owners were supposed to show gratitude by donating and financing the political set up. Any meaningful business group was supposed to be well known and its owners be vetted by the authorities' political process. Any business which didn't fit that bill had to be either closed, nationalised or shareholding restructured.(by any means necessary). Dr Gono needed a high profile scapegoat and start his new career with a bang.&lt;br /&gt;&lt;br /&gt;BBC REPORT ON THE ZIMBABWE FINANCIAL CRISIS &lt;br /&gt;&lt;br /&gt;Last Updated: Thursday, 15 January, 2004, 15:50 GMT  &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;  E-mail this to a friend  Printable version&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Mass panic grips Zimbabwe banks&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Investors fear that banks will go bust &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Hundreds of Zimbabweans have besieged several new banks to withdraw their money amid rumours they are going bust.&lt;br /&gt;&lt;br /&gt;The panic follows a crackdown on alleged corruption in financial institutions, which has left at least six banks in serious trouble. &lt;br /&gt;&lt;br /&gt;A Zimbabwean man said: "I don't want to take chances. Today I am going to withdraw all my money from my bank". &lt;br /&gt;&lt;br /&gt;Police have recently arrested lawyers, insurance agents and a top politician implicated in a banking scandal. &lt;br /&gt;Another woman in in the second city of Bulawayo says: "I came here as soon as I heard on the radio that several banks owned by locals would be closed." &lt;br /&gt;Magistrates arrested &lt;br /&gt;A senior official of the ruling Zanu-PF party has been in custody for several days, accused of blocking enquiries. &lt;br /&gt;Philip Chiyangwa says he is a victim of rival factions vying to succeed President Robert Mugabe. &lt;br /&gt;The scandal came to light last week after a financial firm, ENG Capital Management, failed to account for 61 billion Zimbabwe dollars ($74m at the official rate, $13.5m on the black market) of investor's money. &lt;br /&gt;&lt;br /&gt;The firm, which has now been liquidated, was being run by three youths. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Chiyangwa headed calls for black empowerment &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Other financial institutions have been affected by the crackdown as some of those involved in ENG Capital Management are also directors of local banks. &lt;br /&gt;&lt;br /&gt;On Tuesday, a magistrate ruled that Mr Chiyangwa, an MP who spearheads the black empowerment lobby, must remain in custody for another two weeks. &lt;br /&gt;&lt;br /&gt;The magistrate said that he might interfere with witnesses. &lt;br /&gt;&lt;br /&gt;Police said they had found a dozen cars belonging to the company at Mr Chiyangwa's house. &lt;br /&gt;Police say they are investigating the involvement of several top ruling party politicians in the institution but have not released any other names. &lt;br /&gt;&lt;br /&gt;No-nonsense &lt;br /&gt;&lt;br /&gt;The man behind the crackdown on alleged corruption in financial institutions is Gideon Gono, the new Governor of the Reserve Bank. &lt;br /&gt;&lt;br /&gt;Local politicians and economists have praised him for his attempts at cleaning up the industry. &lt;br /&gt;Mr Gono is said to be a no-nonsense administrator and has earned the praise of many Zimbabweans for his new monetary policies. &lt;br /&gt;President Mugabe has commended the governor for a job well done and warned corrupt leaders of his party that the net is closing in on them. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;http://news.bbc.co.uk/2/hi/africa/3400369.stm &lt;br /&gt;Chiyangwa arrested in ENG scandal &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;CHIYANGWA&lt;br /&gt;&lt;br /&gt;* Msika warns Chiyangwa&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Chiyangwa threatens cop in court&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Chiyangwa implicated in ENG scandal&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* ENG directors charged with fraud&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Banks face collapse&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* End of era for forex dealers&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Gono new RBZ governor&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Tea boy to national purse &lt;br /&gt;By Staff Reporter&lt;br /&gt;&lt;br /&gt;10/01/04&lt;br /&gt;&lt;br /&gt;PHILLIP Chiyangwa, the showy parliamentarian and key member of President Robert Mugabe's ruling party has been arrested on charges he tried to prevent the arrest of two company directors accused of defrauding investors of billions of dollars, state television reported. &lt;br /&gt;"Police have arrested prominent businessman and Chinhoyi member of parliament Comrade Philip Chiyangwa on allegations of obstructing the course of justice in the ENG saga," the Zimbabwe Broadcasting Corporation (ZBC) said on Saturday. &lt;br /&gt;Businessman Chiyangwa is a provincial chairman for President Robert Mugabe's ruling ZANU-PF party. &lt;br /&gt;Local media reported this week that he tried to block the arrest of two directors of asset management firm ENG Capital on fraud charges involving over 60 billion Zimbabwe dollars (about U.S. $73 million at the official rate). &lt;br /&gt;&lt;br /&gt;ZBC said the flamboyant champion of the government's black economic empowerment drive would also be questioned on charges he threatened a policeman probing his involvement in the case. &lt;br /&gt;&lt;br /&gt;Police chief spokesman Assistant Commissioner Wayne Bvudzijena said he could not immediately confirm the arrest. &lt;br /&gt;On Friday a Harare magistrate rejected the ENG directors' bid for the case to be dropped and denied bail on the grounds they might abscond due to the gravity of the charges. &lt;br /&gt;Chiyangwa took the witness stand in court to support the two men's bid for release, but denied having business interest in ENG or trying to interfere with police investigations. &lt;br /&gt;He said he had merely tried to facilitate a political and legal settlement to the matter which would not damage black economic advancement. &lt;br /&gt;&lt;br /&gt;The ENG directors are the first legal casualties of a crisis that has seen some banks grapple with liquidity crunches after a run on deposits by investors scared they might not survive a central bank crackdown on speculative currency trade. &lt;br /&gt;Analysts say the crisis threatens the political careers and wealth of some of Mugabe's top backers in the business world. &lt;br /&gt;&lt;br /&gt;They say the veteran leader -- battling an economic crisis blamed on government mismanagement -- could crack down on corruption, including within ZANU-PF, to ease pressure on the ruling party ahead of parliamentary elections next year. &lt;br /&gt;The state Herald reported on Saturday that Vice President Joseph Msika had warned the government would deal sternly with "errant politicians who abuse their positions and threaten law enforcement agents". &lt;br /&gt;&lt;br /&gt;Mugabe argues the economy has been sabotaged by local and foreign opponents of his drive to redistribute large tracts of white-owned commercial farms among landless blacks.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;ENG bosses seek Zanu PF protection print friendly version &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt; &lt;br /&gt;author/source:Zimbabwe Standard&lt;br /&gt;&lt;br /&gt;published:Sun 4-Jan-2004&lt;br /&gt;&lt;br /&gt;posted on this site:Mon 5-Jan-2004 &lt;br /&gt;Article Type : News &lt;br /&gt;The closure of ENG has pushed three other banks towards ruin  &lt;br /&gt;&lt;br /&gt;By Rangarirai Mberi&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Directors of troubled ENG Capital, arrested last week after failing to account for about $100 billion worth of investor funds, last week sought protection from Zanu PF legislators David Chapfika and Philip Chiyangwa, The Standard can reveal. Both MPs, who have vast business interests themselves, confirmed to The Standard yesterday that they had indeed met ENG directors Nyasha Watyoka, Gilbert Muponda and Elton Chitondo at Chiyangwa's office early last week, but strenuously denied any business links with the troubled outfit. Chiyangwa yesterday said he had met the three only as a facilitator for a meeting with Chapfika, who heads the Parliamentary Budget, Finance and Economic Planning committee. "What's wrong with that? I'm a public figure. For your own information, if Tsvangirai wants to meet Mugabe, I will be prepared to facilitate. I'm not afraid," Chiyangwa said.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Asked why ENG targeted him as a source of support, Chiyangwa said it was because of his long history of black empowerment, and support for struggling black businesses such as Zimbabwe Building Society and Universal Merchant Bank. Chapfika, a former director of Unibank which caved in under the weight of bad loans three years ago, yesterday denied any financial exposure to ENG. "I just bumped into them at his (Chiyangwa's) office. I hardly spent five minutes in there. I told them to come clean on their status, that if they were part and parcel of these speculative practices then the Reserve Bank had to act", Chapfika said, adding the ENG directors had admitted to him that they were operating without a licence.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Banking sources say the closure of ENG has pushed three more named banks towards financial ruin, as they had been exposed to ENG to varying extents. Bankers say they fear the contagion effect of the closure will spread wider, as Zimbabwe's biggest ever financial crisis continues to unravel. Police on Friday arrested two of the ENG directors Watyoka (28) and Muponda (30), hours after RBZ head of bank supervision, Stuart Gwasira, announced the central bank had shut down Century Discount House, a division of ENG Capital, and withdrawn its trading licence. Police spokesperson Oliver Mandipaka yesterday confirmed they were still holding the two on fraud charges, as police widened their search for the remaining directors. The two are expected to appear in court tomorrow.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;ENG Capital bought Century Discount House from Century Holdings Limited for $1,6 billion in April last year, but ENG had kept the name "Century" owing to delays by banking regulators to approve a name change. Century Holdings CEO Gary Shoko immediately moved to distance his bank from the troubled ENG, telling The Standard in an interview on Friday that his bank had no exposure to ENG. "None of the companies within the Century Group was exposed in any way to Century Discount House or to ENG Asset Management", Shoko said. However, investigations by The Standard last week revealed a network of banks that had varied extents of exposure to ENG. One of the banks is a recently licenced entity, which is still rolling out its branch network, while the other, a large financial group, has been exposed to ENG through its own discount house.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;ENG Capital was founded by a band of young directors, Chitondo, Watyoka and Muponda, and was headed by Lloyd Kazunga. Chitondo is separately a director of Wanai Finance, another of the country's ever-swelling ranks of asset management firms. The three directors were college mates at the National University of Science and Technology (NUST), and founded their outfit with hardly three years of industrial experience behind them. Trust Bank, named as one of the banks in trouble, has denied any exposure to ENG, and also shot down reports it had been placed under curatorship. "The Reserve Bank didn't find anything untoward regarding the status of our bank", Nyemba told reporters, however conceding that the bank would take "a little while" to heal after the negative perception which has hurt the bank in the past week.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;In reaction to widespread market reports that Trust had ploughed central bank funds into the purchase of a substantial stock of bricks from Willdale and an entire six months supply of vehicles from Willowvale, Nyemba said his bank had simply extended support to both struggling companies. He insisted that Trust had assisted Willowvale to import car assembly kits to assemble passenger and light commercial vehicles. The bank had "ring fenced" its exposure to its assistance to the firm, he added. "The bank has since sold its shareholding in Willdale but has continued to support this important asset", Nyemba said. "Trust had also converted its Willdale debt into equity to save it from imminent collapse," said Nyemba.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Zimbabwe: Investment scandals end up in court  &lt;br /&gt;&lt;br /&gt;As the case against two directors of investment firm ENG continued, MP Philip Chiyangwa was remanded in custody to January 28 on allegations of attempting to defeat the course of justice, contempt of court and perjury, reports The Financial Gazette. The remand in custody of the flamboyant businessman comes after police had earlier ignored a High Court judgment to have him released, drawing the ire of human rights lawyers in the country. Magistrate Sukai Tongogara said the State's submissions that Chiyangwa could interfere with witnesses if granted bail were valid. 'There is a real likelihood the accused might interfere with State witnesses. He has earlier on threatened a police officer and therefore the State's worries are real,' said Tongogara. Police investigations into ENG were still going on and some of the collapsed company's assets were yet to be recovered although some vehicles had been found at Chiyangwa's home. Chiyangwa faces three criminal charges - obstructing the course of justice, contempt of court and perjury. &lt;br /&gt;Full reports in The Financial Gazette&lt;br /&gt;&lt;br /&gt;And The Herald  &lt;br /&gt;&lt;br /&gt;Chiyangwa has subsequently filed a notice of appeal in the High Court to contest the ruling denying him bail, reports The Herald. &lt;br /&gt;&lt;br /&gt;Full report in The Herald &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Full ZLHR statement on the Legalbrief site &lt;br /&gt;&lt;br /&gt;Also facing trial in connection with the ENG saga are three First Mutual Limited Asset Management executives who appeared at the Harare Magistrates' Court on corruption charges involving $42bn. FML MD Godfrey Jowa (42), treasury executive Simba Dodzo (35) and finance executive Oliver Kamundimu (37) are applying for bail, according to a report in The Herald The charges against them arose from investments made by FML in ENG Capital Asset Management. The State alleges that the three, acting with the intention of deceiving their principal, the FML investment committee, authorised the dealing with ENG, a company that had no trade line with FML. In order to strengthen their deceit, it is alleged, they authorised requisitions or deal notes and cheques purporting that they were dealing with Century Discount House when in fact they were dealing with ENG. &lt;br /&gt;&lt;br /&gt;Full report in The Herald  &lt;br /&gt;The process of winding up ENG Investments has started with the High Court granting a provisional order for liquidation and appointing a liquidator, reports The Herald. &lt;br /&gt;&lt;br /&gt;Full report in The Herald &lt;br /&gt;And in another financial scandal to hit the country, Harare provincial Magistrate Caroline-Anne Chigumira, lawyer Wilson Manase and prosecutor Blessmore Gorejena have been arrested on allegations they irregularly granted bail to a key suspect in the $7.7bn Trust Banking Corporation fraud case, reports The Herald. Gorejena represented the State when Witness Mahata was granted $6m bail in chambers. 'This is a clear case of people who corruptly granted bail to a hard core criminal without our consent. Did they expect us not to question such a glaring irregularity just because they are lawyers and court officials?' said fraud department Assistant Commissioner James Nyakotyo. &lt;br /&gt;Full report in The Herald &lt;br /&gt;Another lawyer has also found himself in hot water in connection with the case. Alex Mombesasa appeared before a Harare magistrate facing charges of attempting to defeat or obstructing the course of justice, reports The Herald. The charges against Mombesasa arose after a key suspect in the Trust Bank fraud was granted bail in chambers under unclear circumstances.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Mawere is a South African citizen &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;MAWERE&lt;br /&gt;&lt;br /&gt;* Mawere gets R50 000 bail&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Mawere arrested by Interpol in SA &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Makamba repatriates externalised forex&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Court thwarts Makamba's freedom bid&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Makamba released, rearrested&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Makamba faces 22 forex offences&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Makamba arrested  &lt;br /&gt;By Dumisani Muleya and Augustine Mukaro and agencies&lt;br /&gt;&lt;br /&gt;Last updated: Thu, 12 Nov 2009 14:59:25 GMT &lt;br /&gt;&lt;br /&gt;ZIMBABWEAN business magnate Mutumwa Mawere who was arrested in South Africa on Tuesday is a South African, according to shock new revelations. &lt;br /&gt;&lt;br /&gt;Mawere was released on R50 000 bail on Thursday and faces extradition to Zimbabwe to face charges of externalising millions of dollars in foreign currency. &lt;br /&gt;&lt;br /&gt;South African police spokesperson Mary Martins-Elbrecht told the Zimbabwe Independent newspaper that Mawere had dual citizenship which is an offence in Zimbabwean law. &lt;br /&gt;It is understood that Zimbabwean authorities want to interview Mawere over the alleged under-invoicing of asbestos exports through Southern Asbestos Sales in Johannesburg, after the Zimbabwean government exempted asbestos from having to be sold through the Minerals Marketing Corporation of Zimbabwe. &lt;br /&gt;&lt;br /&gt;"He has dual citizenship and it's up to the courts to determine whether he can be extradited to Zimbabwe or not," Elbrecht is quoted as saying. &lt;br /&gt;&lt;br /&gt;Mawere becomes the second close ally of Preident Robert Mugabe to be found to have dual citizenship after the Finance Minister, also arrested for externalising foreign currency, was outed as a Canadian citizen. &lt;br /&gt;&lt;br /&gt;On Thursday, Mawere, one of Zimbabwe's richest businessman who recently paid more than R7-million to acquire a 60 percent stake in the plush Kilimanjaro nightclub, slammed Reserve Bank governor Gideon Gono for "displaying venom" in his duties. &lt;br /&gt;Mawere said Gono was pursuing individuals and companies on trumped-up charges and in the process destroying the foundation of indigenous businesses as well as the economy at large. &lt;br /&gt;"It is unfortunate and regrettable that Zimbabwe has sunk so low. For someone like me who has done so much for Zimbabwe to be accused on the basis of trumped-up charges shows that something has gone terribly wrong somewhere," Mawere said. &lt;br /&gt;"Whose interests are being served by this crusade is not clear. What is clear though is that it is destroying the foundations of black business in Zimbabwe and replacing them with a RBZ governor who wants to be chief executive of Zimbabwe Inc." &lt;br /&gt;Mawere said it was "appalling" to see a country engaged in an act of self-destruction "with Gono exerting more energy in hounding individuals - as if he was a police commissioner - than working on economic recovery. &lt;br /&gt;"Sound economic policies can never be substituted with a display of venom and arresting individuals. People can try that but they will fail in ensuring economic recovery," he said. &lt;br /&gt;&lt;br /&gt;"If Zimbabweans spend more time reasoning together on issues than throwing each other into cells it would be better for all of us. RBZ governors in history have been known to focus on core issues than spending time arresting people." &lt;br /&gt;Mawere said the allegations against him were largely baseless while some were actually lies. &lt;br /&gt;Mawere has rejected the allegations of externalisation, saying he was not a Zimbabwean resident and did not sit on his companies' boards. &lt;br /&gt;&lt;br /&gt;It was not possible to confirm reports that Mawere was exposed by a whistleblower who had met a Zimbabwean investigating team from the Reserve Bank and police. &lt;br /&gt;Mawere gained prominence in the mid-1990s after he bought the country's largest asbestos mining conglomerate, Shabani/Mashava Mines, which is part of the huge Africa Resources Ltd, with a sovereign guarantee &lt;br /&gt;&lt;br /&gt;Mawere's business empire which has tentacles in almost all important sectors of the economy includes Africa Associated Mines. He also has confirmed interests in eight listed companies, General Beltings, Steelnet, Turnall, Fidelity Life, Zimre, Nicoz Diamond, CFI Holdings and First Bank. His firm Ukubambana/Kubatana Investments (UKI) also has large stakes in other listed companies. &lt;br /&gt;&lt;br /&gt;In 1996, Mawere - who had previously worked for the International Finance Corporation, an arm of the World Bank - teamed up with the ruling party to start one of Zimbabwe's major banks, the First Banking Corporation. &lt;br /&gt;&lt;br /&gt;Until recently, Mawere was considered President Mugabe's closest business crony. He is also a blue-eyed boy of Zimbabwe's Speaker of Parliament Emmerson Mnangagwa whose influence has waned in recent weeks after Zanu PF instituted a probe into it's own companies which have been under Mnangagwa's management.&lt;br /&gt;&lt;br /&gt;"I Just Had To Respond" - Part 1 &lt;br /&gt;&lt;br /&gt;USA - I am a founder and former director of ENG Capital PVT LTD (ENG). My company was the first casualty of the so-called Anti-Graft war launched by RBZ Governor Gideon Gono in December 2003. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Central Bank Governor - Gideon Gono&lt;br /&gt;&lt;br /&gt;I have had to field questions about the nature of ENG's problems and what led to its closure and current status .I had to respond .  &lt;br /&gt;&lt;br /&gt;I will try to limit response to the immediate business case of the Group the politics of the matter will be subject of another writing. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;It should be noted ENG Capital Group was placed into liquidation at the request of the Directors as a way to secure the firm?s creditors and investors. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;ENG has fully repaid all claims against it. All the creditors and investors have been fully repaid .This can be confirmed with the Liquidators at CAMELSA .Based on independent  valuations and estimates ENG had assets of Z$ 180 billion against liabilities of $ Z 85 billion. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;ENG was a solid business model and had a strong asset position and this point has been proven  beyond any doubt given that All creditors have been fully repaid despite ENG assets being looted and deliberately undervalued. &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;The direct role of the RBZ led by Dr Gono was in creating a smoke screen and an atmosphere that paved the way for the elimination and externalization of all persons deemed to be undesirable by the government of Zimbabwe in the quest to silence all existing and potential pockets of resistance to bad policies which Gono was about to implement. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Dr Gono was appointed with a specific political mandate to deal with the financial services industry that was perceived at the time to undermine the regime and hitherto the government had no specific strategy to intimidate the private sector into compliance with bad policy formulation strategies. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;The belief then and now was that the financial sector should be a tool for the ruling party and any participant un-affiliated with the ruling party has to be closed down  or cowed into submission. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;There is need to understand ENG Capital?s ability to mobilize Zimbabwe dollars. At its peak ENG was peerless and unrivalled in the Zimbabwean financial market in its ability to raise and access Zimbabwe dollars. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;The ENG Capital Group treasury was made up of the following individual units Century Bank, Century Asset Management, Century Discount House, Leasing Company of Zimbabwe, ENG Asset Management and Hybri Micro-Finance Institution. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;ENG Capital group had a market capitalization of US$ 175 million, just before the RBZ descended on the Institution. This made ENG one of the single biggest combined treasury units in the Zimbabwe Financial market.  &lt;br /&gt;&lt;br /&gt;Below is a brief ENG Group Structure &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;ENG HOLDINGS GROUP STRUCTURE &lt;br /&gt;- SUBSIDIARIES &lt;br /&gt;&lt;br /&gt;- ENG CAPITAL INVESTMENTS PVT LTD &lt;br /&gt;- ENG ASSET MANAGEMENT PVT LTD &lt;br /&gt;- ENG REAL ESTATE &lt;br /&gt;&lt;br /&gt;- ENG NOMINEES PVT LTD &lt;br /&gt;- ENG PRIVATE EQUITY (PVT) LTD &lt;br /&gt;- ENG CAPITAL ADVISORY SERVICES &lt;br /&gt;- ENG STRUCTURED FINANCE &lt;br /&gt;ADDITIONAL MAJOR ASSETS OWNED &lt;br /&gt;- Century Bank Holdings (now CFX bank) &lt;br /&gt;- Leasing Company of Zimbabwe, Century Asset Managers) &lt;br /&gt;&lt;br /&gt;- Century Discount House &lt;br /&gt;- Hybri Micro-Finance Institution &lt;br /&gt;- Care Insurance PVT LTD &lt;br /&gt;- RestCel Insurance PVT LTD &lt;br /&gt;- Amalgamated Health Services ? (Harare West Hospital ) &lt;br /&gt;&lt;br /&gt;- 15% of OK Zimbabwe Limited &lt;br /&gt;- 15% of Zimplow Holdings Limited &lt;br /&gt;- 20% Medtech Holdings Limited &lt;br /&gt;- Hornet Re-Insurance PVT LTD &lt;br /&gt;- Pearl Pension Fund Management &lt;br /&gt;- 25 % Clan Holdings Limited &lt;br /&gt;- 15 % Zimpapers &lt;br /&gt;&lt;br /&gt;- Allied Conveyor Belts PVT LTD &lt;br /&gt;- Real Estate including (Anastasia Court, Belgravia House, Thaine Building) &lt;br /&gt;&lt;br /&gt;- Various Listed ZSE Listed shares &lt;br /&gt;- Treasury Bills &lt;br /&gt;&lt;br /&gt;- GMB Bills &lt;br /&gt;&lt;br /&gt;- Cargill Commercial Paper &lt;br /&gt;- $ 4 billion - Alliance Capital Debenture (representing 123 million First Mutual Life shares) &lt;br /&gt;- 23 Million First Mutual Life shares &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;The installation of RTGS immediately allowed the Authorities to trace which Institutions were the biggest movers of money and the money market. The authorities were alarmed to learn that ENG (an unknown firm to them) and which didn't have a political Godfather? was allowed to control such resources. &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;A further study was made to trace the political inclination of the shareholders and directors. ENG was not well represented in the political ladders. The belief was that any independent financial resources could be used and was being used to clandestinely support the opposition or politicians deemed undesirable. &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;In addition business owners were supposed to show gratitude by donating and financing the political set up. Any meaningful business group was supposed to be well known and its owners be vetted by the authorities? political process. Any business which didn't fit that bill had to be either closed, nationalized or shareholding restructured. (By any means necessary). &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Through extra-judicial and judicial measures pressure was brought to bear on selected individuals and institutions by the state machinery with the sole objective of punishing the designated persons. The allegations were that ENG Asset Management (PVT) LTD and not the directors had failed to pay Z$61 billion allegedly owed to investors. &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Clearly if such amount was due and payable to creditors or investors, there were other legal remedies available to such investors but in the interests of political expediency, the state arrogated to itself the role of custodian investor with no legal foundation and proceeded to attempt to assert purported rights of private sector investors. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;The ENG matter was extensively covered in the media and careers were destroyed as thriving institutions controlled and managed by indigenous business people were systematically targeted. The same media has failed to follow up and highlight that in fact ENG has managed to repay creditors and investors despite assets being looted . &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Banks and Asset management companies because of huge profits were generally reported to be the source of the problems in the financial services industry and causing economic meltdown facing the nation. Against this background, there was a need to identify and punish the alleged culprits and ENG provided a convenient scapegoat, visible and the high profile victim needed to capture the imagination of the general public that Zimbabwe had a new no-nonsense boss in RBZ Governor Dr Gono. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Dr Gono blamed Financial Institutions for fueling inflation and currency depreciation Dr.Gono closed down or nationalized the following institutions ; Trust Bank, Royal Bank, Barbican Bank, Rapid Financial Holdings, Sagit, ENG Capital,Intermarket and many others. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Dr Gono  promised the nation that economic recovery was now certain and failure was not an option. Inflation was then at 200% and now its at least 13,4 billion %.Zimbabwe dollar was exchanging at Z$6000 = US$ 1,and now its Z$ 4,000,000,000,000 for each US$. Shops are empty. Banks have no cash. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Parliament has no running water .Harare has no water .No electricity. This is despite all the fanfare that came with the anti-graft crusade that all will be perfect and well if we get rid of profiteering Banks and Financial Institutions. &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;This just proves scapegoat mentality does not solve national problems. What is required is a national vision that taps into all Zimbabweans? best talent and ability rather than some  party or patronage based allocation of responsibilities not matched by ability to deliver . &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;In 2002, ENG Capital applied for a banking license. The application was quickly dismissed .Due to this failure, in April 2003 ENG acquired Century Discount house as a strategy to enter the Banking sector. A cash consideration was paid. ENG then applied to the Registrar of Banks for the approval of change of shareholding structure. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;The approval was denied .On further enquiring about the approval denial the Registrar?s officers mentioned that the approval will not be for the coming mainly because of ENG Directors age and unknown political background and views. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;They advised us to restructure our shareholding to accommodate politically acceptable individuals in addition to start being active in funding political activities that would maintain the status quo. This situation spelled a disaster for ENG as I was of the view that we should not be part of any arrangement that could compromise our reputation, image and market perceptions. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;In the meantime the seller (Century Holdings) of Century Discount House was not in a position to refund ENG Capital of the purchase price paid. This forced ENG Capital to acquire a controlling stake in Century Holdings, which was listed on the Zimbabwe Sock Exchange. &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;This at least limited the potential loss since the purchase of Century Discount House was now an inter-company transaction. Obviously the refusal to restructure the shareholding to accommodate those politically correct and the refusal to being active in funding political activity didn?t please those who felt it was their God given right to receive support from any and all companies operating in the country. This independence was viewed as being lack of gratitude. &lt;br /&gt;Advertisement &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;On 31 December 2003 at the instigation of the RBZ (using military and security officers), ENG Capital was placed under voluntary liquidation to secure and repay investors and creditors. Although the creditors and investors, whose rights the government sought to assert without their consent, have now been fully repaid the media has not covered this aspect of the story . &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Covering the full repayment exposes the hypocrisy of the RBZ and the unwarranted and draconian actions that against private individuals in a manner that violates their constitutional rights. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;On July 31 2006 more than two and half years after the arrest my co-accused who remained in Zimbabwe was removed from remand and the clerk of court ordered to return his $ 150 million bail and $ 700 million surety. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;The media including but not limited to the state media ran grossly inaccurate and biased attack articles on my character and reputation. Articles without any back up of facts were printed deliberately understating ENG assets simultaneously magnifying liabilities. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Many articles  misrepresented ENG financial position and activities. Most newspapers  refused to publish a rebuttals or give them equal exposure as their initial, false and malicious articles . &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;This is the kind of hostile environment that faces a normal business in the current Zimbabwe. How can foreign investors come if the local ones are routinely victimized as a matter of policy? Given the above facts and order of events it is small wonder that the country has been experiencing unprecedented levels of capital flight and brain drain. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Considering the wide media publicity the ENG Capital matter received one would think the same media would have followed up and highlighted the fact that ENG Capital managed to repay all creditors and investors. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;The lack of such reporting only serves to show how far Zimbabwe has to go in terms of creating level business playing field and fair media coverage of critical events affecting the nation. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;"I Just Had To Respond" - Part 2 &lt;br /&gt;&lt;br /&gt;SI wrote my first article not seeking to correct history or self defense. I simply had to state facts and then people can digest for themselves.  &lt;br /&gt;&lt;br /&gt;    &lt;br /&gt;&lt;br /&gt;Central Bank Governor - Gideon Gono &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;I have been silent for 5 years and could have been silent for another 5. But who would benefit from my silence?  &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;The ENG issue cannot and should not be viewed in isolation but rather in context of the general occurrences in Zimbabwe during that period up to present day. &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Respectable business people were labeled all sorts of names. Many have kept silent not because they are guilty but they chose privacy. If Zimbabwe is trying to build a better and progressive nation these business people should be encouraged to share their stories and experiences. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;It is only after we hear their version of events can we create a credible value system. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;I am encouraged by the emails sent to me, especially the hate mail which I find particularly motivating as I believe it allows further exchange of divergent views which hopefully will allow us develop a more vibrant and progressive nation. &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;I personally have nothing against Dr Gono; my assumption is that he is just doing his job. And as such what needs to be challenged are the man's policies not his person. Dr Gono has presided over the massive brain drain in the financial sector particularly. &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;During that period he has succeeded in transforming the RBZ into the Reserve Bank of ZANU (PF). &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;In short he has turned the central Bank into the party's finance department. The effect of this is that now Zimbabwe does not have a central Bank. It is important that this be scrutinized and exposed because Zimbabwe is undergoing a transformation and the new order needs to avoid this. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Is it going to be acceptable for MDC or Mavambo/Kusile transform the country's central bank to a tool to effect the party's agenda without parliamentary oversight and approval? The concept here is to look at the principle and not the person. &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Zimbabwe's national institutions are being corrupted to such an extent that unbelievable activities are now just being viewed as normal or acceptable. Why would the Central Bank directly buy plasma TVs and cars for the judiciary officers? &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;What does the Central Bank or its officers/Governor expect in return for the favor? Is this not supposed to be done thorough normal parliamentary budget allocation to various ministries? It is this trend of rule bending and goal post shifting that results in the economy mal-functioning because everything is just unpredictable. &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;The country can only attract investment and investors if there is rule of law, not rule by law. The idea of changing rules just to suit an individual or isolated incident is disastrous. Zimbabwe had a fairly well developed legal system; the companies Act, Banking Act and Collective Investments Act were well thought regulations governing Banks, Companies and other financial institutions. But during the so-called anti-graft campaign these rule and regulations were over-ridden in dramatic fashion. This brings instability and increases capital flight and brain drain. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;This is beyond personalities. It's beyond ENG. This is about confidence building and stable institutional frame work that assists Zimbabwe to regain former glory. Even though land reform was necessary, during the fast track land reform it became normal for individuals to take the law into their own hands. This set a bad precedence .Once it becomes clear that there is selective application of the rule of law then there is no incentive to uphold rules and regulations. &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;As part of the stage managed anti-graft campaign of 2003-4 I was arrested after a team, masquerading as RBZ Inspectors led by a soldier-(Major Santu) ransacked ENG Capital. I later learnt Major Santu was in fact a soldier, seconded by the Joint Operations Command (J.O.C) to 'assist' Dr Gono run the RBZ. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Now if you have soldiers running the Central Bank what does that tell you about all other departments of Governments? It is clear the soldiers and security services are now running the country, ignoring the normal rules and regulations that would make Zimbabwe an attractive investment destination. Now why would any normal country have soldiers manning the Central Bank? &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;It's just unfortunate that a majority of Zimbabweans are now starting to know what J.O.C is. This is so because when events are happening to someone people chose to ignore and not pay attention as to what exactly is the allegation and who is doing what to whom. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;The point is Zimbabweans need collective national value system and when ever that value system is violated people must speak out and take action to defend that value system. That is how strong societies are built. Since time immemorial a successful lawless society is unheard. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Zimbabwe's current problems may pass but they will return as long as there is no cultural shift amongst Zimbabweans themselves. The notion that it only happened to Muponda or Mawere therefore it's not my problem is disturbing. When the anti-graft operation was implemented it was welcomed as a messianic mission ridding the nation of all ills. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Zimbabweans only started to be concerned when it got closer to them personally when Operation Murambatsvina, Operation Sunrise Operation Mavhotera papi were being implemented. The fact is as a nation we must confront situations with facts and voice concern where ever the rule of law is being ignored. &lt;br /&gt;Advertisement &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;There is need to look at the full picture and assess the implication of whole sale arrest of business people for the purpose of investigating them. The norm else where is to investigate then arrest if there is a case. The simple failure to apply the laws uniformly has accelerated the economic decline. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Businesses destroyed or taken over Royal Bank, Intermarket, Barbican, Intermarket, Rapid, Sagit, Africa Resources, Century Bank. And this all happened within a space of less than 6 months. Jobs were lost. Business people were scandalized, arrested or haunted out of the country. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;The list is rather long but it includes such luminaries as Dr Makoni, Mawere, Mushore, Makoni, Chekeche, Jowa, Sachikonye, Chando, Durajadi Simba, Muzwimbi, Nyemba,Vingirai, Zimuto , Makamba. Is this normal to see a whole generation of entrepreneurs scandalized and lose all creditability and all at the same time? &lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;What are the implications on foreign investor sentiment when they see such hostility to local investors? These are respectable and pioneer first generation entrepreneurs who find themselves scandalized and somehow classified criminal even though there is no clear evidence against them. &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;It is clear there is need to look beyond individuals and start reviewing wider concepts that are at play. Individuals come and pass, therefore it's not worth the effort or attention to just focus on the individual whilst ignoring the irreparable damage being done to national institutions and their credibility.&lt;br /&gt;&lt;br /&gt;Royal Entrepreneurship - The Case of Royal Bank Zimbabwe Ltd Formation &lt;br /&gt;&lt;br /&gt;By Dr Tawafadza A. Makoni&lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;The deregulation of the financial services in the late 1990s resulted in an explosion of entrepreneurial activity leading to the formation of banking institutions. This chapter presents a case study of Royal Bank Zimbabwe, tracing its origins, establishment, and the challenges that the founders faced on the journey. The Bank was established in 2002 but compulsorily amalgamated into another financial institution at the behest of the Reserve Bank of Zimbabwe in January 2005. &lt;br /&gt;&lt;br /&gt;Entrepreneurial Origins &lt;br /&gt;&lt;br /&gt;Any entrepreneurial venture originates in the mind of the entrepreneur. As Stephen Covey states in The 7 Habits of Highly Effective People, all things are created twice. Royal Bank was created first in the mind of Jeffrey Mzwimbi, the founder, and was thus shaped by his experiences and philosophy. &lt;br /&gt;&lt;br /&gt;Jeff Mzwimbi grew up in the high density suburb of Highfield, Harare. On completion of his Advanced Level he secured a place at the University of Botswana. However he decided against the academic route at that time since his family faced financial challenges in terms of his tuition. He therefore opted to join the work force. In 1977 he was offered a job in Barclays Bank as one of the first blacks to penetrate that industry. At that time the banking industry, which had been the preserve of whites, was opening up to blacks. Barclays had a new General Manager, John Mudd, who had been involved in the Africanisation of Barclays Bank Nigeria. On his secondment to Zimbabwe he embarked on the inclusion of blacks into the bank. Mzwimbi's first placement with Barclays was in the small farming town of Chegutu. &lt;br /&gt;In 1981, a year after Independence, Jeff moved to Syfrets Merchant Bank. Mzwimbi, together with Simba Durajadi and Rindai Jaravaza, were the first black bankers to break into merchant banking department. He rose through the ranks until he was transferred to the head office of Zimbank - the principal shareholder of Syfrets - where he headed the international division until 1989. &lt;br /&gt;The United Nations co-opted him as an advisor to the Reserve Bank in Burundi and thereafter, having been pleased by his performance, appointed him a consultant in 1990. In this capacity he advised on the launch of the PTA Bank travellers' cheques. After the consultancy project the bank appointed him to head the implementation of the programme. He once again excelled and rose to become the Director of Trade Finance with a mandate of advising the bank on ways to improve trade among member states. The member states were considering issues of a common currency and common market in line with the European model. Because the IFC and World Bank had unsuccessfully sunk gigantic sums of funds into development in the region, they were advocating a move from development finance to trade finance. Consequently PTA Bank, though predominantly a development bank, created a trade finance department. To craft a strategy for trade finance at a regional level, Mzwimbi and his team visited Panama where the Central Americans had created a trade finance institution. They studied its models and used it as a basis to craft the PTA's own strategy. &lt;br /&gt;&lt;br /&gt;Mzwimbi returned to Zimbabwe at the conclusion of his contract. He weighed his options. He could rejoin Barclays Bank, but recent developments presented another option. At that time Nick Vingirai had just returned home after successfully launching a discount house in Ghana. Vingirai, inspired by his Ghanaian experience, established Intermarket Discount House as the first indigenous financial institution. A few years later NMB was set up with William Nyemba, Francis Zimuto and James Mushore being on the ground while one of the major forces behind the bank, Julias Makoni, was still outside the country. Makoni had just moved from IFC to Bankers' Trust, to facilitate his ownership of a financial institution. Inspired by fellow bankers, a dream took shape in Mzwimbi's mind. Why become an employee when he could become a bank owner? After all by this time he had valuable international experience. &lt;br /&gt;The above experience shows how the entrepreneurial dream can originate from viewing the successes of others like you. The valuable experiences acquired by Mzwimbi would be critical on the entrepreneurial journey. An entrepreneurial idea builds on the experiences of the entrepreneur. &lt;br /&gt;&lt;br /&gt;First Attempts &lt;br /&gt;&lt;br /&gt;In 1990 Jeff Mzwimbi was approached by Nick Vingirai, who was then Chairman of the newly resuscitated CBZ, for the CEO position. Mzwimbi turned down the offer since he still had some contractual obligations. The post was later offered to Gideon Gono, the current RBZ governor. &lt;br /&gt;&lt;br /&gt;Around 1994, Julias Makoni (then with IFC), who was a close friend of Roger Boka, encouraged Boka to start a merchant bank. At this time Makoni was working at setting up his own NMB. It is possible that, by encouraging Boka to start, he was trying to test the waters. Then Mzwimbi was seeing out the last of his contract at PTA. Boka approached him at the recommendation of Julias Makoni and asked him to help set up United Merchant Bank (UMB). On careful consideration, the banker in Mzwimbi accepted the offer. He reasoned that it would be an interesting option and at the same time he did not want to turn down another opportunity. He worked on the project with a view to its licensing but quit three months down the line. Some of the methods used by the promoter of UMB were deemed less than ethical for the banking executive, which led to disagreement. He left and accepted an offer from Econet to help restructure its debt portfolio. &lt;br /&gt;While still at Econet, he teamed up with the late minister Dr Swithun Mombeshora and others with the intent of setting up a commercial bank. The only commercial banks in the country at that point were Standard Chartered, Barclays Bank, Zimbank, Stanbic and an ailing CBZ. The project was audited by KPMG and had gained the interest of institutional investors like Zimnat and Mining Industry Pension Fund. However, the Registrar of Banks in the Ministry of Finance, made impossible demands. The timing of their application for a licence was unfortunate because it coincided with a saga at Prime Bank in which some politicians had been involved, leading to accusations of influence peddling. Mombeshora, after unsuccessfully trying to influence the Registrar, asked that they slow down on the project as he felt that he might be construed as putting unnecessary political pressure on her. Mzwimbi argues that the impossible stance of the Registrar was the reason for backing off that project. &lt;br /&gt;&lt;br /&gt;However other sources indicate that when the project was about to be licensed, the late minister &lt;br /&gt;&lt;br /&gt;demanded that his shareholding be increased to a point where he would be the majority shareholder. It is alleged that he contended this was due to his ability to leverage his political muscle for the issuance of the licence. &lt;br /&gt;&lt;br /&gt;Entrepreneurs do not give up at the first sign of resistance but they view obstacles in starting up as learning experiences. Entrepreneurs develop a "don't quit" mind-set. These experiences increase their self -efficacy. Perseverance is critical, as failure can occur at any time. &lt;br /&gt;&lt;br /&gt;Econet Wireless &lt;br /&gt;&lt;br /&gt;The aspiring banker was approached, in 1994 by a budding telecommunication entrepreneur, Strive Masiyiwa of Econet Wireless, to advise on financial matters and help restructure the company's debt. At that time Mzwimbi thought that he would be with Econet probably for only four months and then return to his banking passion. While at Econet it became apparent that, once licensed, the major drawback for the telecommunication company's growth would be the cost of cell phone handsets. This presented an opportunity for the banker, as he saw a strategic option of setting up a leasing finance division within Econet that would lease out handsets to subscribers. The anticipated four months to licensing of Econet dragged into four years, which encompassed a bruising legal struggle that finally enabled the licensing against the State's will. Mzwimbi's experience with merchant banking proved useful for his role in Econet's formation. With the explosive growth of Econet after an IPO, Mzwimbi assisted in the launch of the Botswana operations in 1999. After that, Econet pursued the Morocco licence. At this stage, the dream of owning a bank proved stronger than the appeal of telecoms. The banker faced some tough decisions, as financially he was well covered in Econet with an assured executive position that would expand with the expansion of the network. However the dream prevailed and he resigned from Econet and headed back home from RSA, where he was then domiciled. &lt;br /&gt;&lt;br /&gt;His Econet days bestowed on him a substantial shareholding in the company, expanded his worldview and taught him vital lessons in creating an entrepreneurial venture. The persistence of Masiyiwa against severe government resistance taught Mzwimbi critical lessons in pursuing his dream in spite of obstacles. No doubt he learnt a lot from the enterprising founder of Econet. &lt;br /&gt;&lt;br /&gt;Debut Royal Bank &lt;br /&gt;&lt;br /&gt;On his return in March 2000, Mzwimbi regrouped with some of his friends, Chakanyuka Karase and Simba Durajadi, with whom he had worked on the last attempt at launching a bank. In 1998 the Banking Act was updated and a new statutory instrument called the Banking Regulations had been enacted in the light of the UMB and Prime Bank failures. &lt;br /&gt;&lt;br /&gt;These required that one should have the shareholders, the premises and equipment all in place before licensing. Previously one needed only to set up an office and hire a secretary to acquire a banking license. The licence would be the basis for approaching potential investors. In other words it was now required that one should incur the risk of setting up and purchasing the IT infrastructure, hire personnel and lease premises without any assurance that one would acquire the licence. Consequently it was virtually impossible to invite outside investors into the project at this stage. &lt;br /&gt;&lt;br /&gt;Without recourse to outside shareholders injecting funds, and with minimal financial capacity on the part of his partners, Mzwimbi fortuitously benefited from his substantial Econet shares. He used them as collateral to access funds from Intermarket Discount House to finance the start up - acquired equipment like ATMs, hired staff, and leased premises. Mzwimbi recalls pleading with the Central Bank and the Registrar of Banks about the oddity of having to apply for a licence only when he had spent significant amounts on capital expenditure - but the Registrar was adamant. &lt;br /&gt;&lt;br /&gt;Finally, Royal Bank was licensed in March 2002 and, after the prerequisite pre-opening inspections by the Central Bank, opened its doors to the public four months later. &lt;br /&gt;Entrepreneurial Challenges &lt;br /&gt;&lt;br /&gt;The challenges of financing the new venture and the earlier disappointments did not deter Mzwimbi. The risk of using his own resources, whereas in other places one would fund a significant venture using institutional shareholders' capital, has already been discussed. This section discusses other challenges that the entrepreneurial banker had to overcome. &lt;br /&gt;&lt;br /&gt;Regulatory Challenges and Capital Structure &lt;br /&gt;&lt;br /&gt;The new banking regulations placed shareholding restrictions on banks as follows: &lt;br /&gt;&lt;br /&gt;*Individuals could hold a maximum of 25% of a financial institution's equity &lt;br /&gt;&lt;br /&gt;*Non-financial institutions could hold a maximum of 10% only &lt;br /&gt;&lt;br /&gt;*A financial institution however could hold up to a maximum of 100%. &lt;br /&gt;&lt;br /&gt;This posed a problem for the Royal Bank sponsors because they had envisaged Royal Financial Holdings (a non-financial corporate) as the major shareholder for the bank. Under the new regulations this could hold only 10% maximum. The sponsors argued with the Registrar of Banks about these regulations to no avail. If they needed to hold the shares as corporate bodies it meant that they needed at least ten companies, each holding 10% each. The argument for having financial institutions holding up to 100% was shocking as it meant that an asset manager with a required capitalisation of $1 million would be allowed by the new law to hold 100% shareholding in a bank which had a $100 million capitalisation yet a non-banking institution, which may have had a higher capitalisation, could not control more than 10%. Mzwimbi and team were advised by the Registrar of Banks to invest in their personal capacities. At this point the Reserve Bank (RBZ) was simply involved in the registration process on an advisory basis with the main responsibility resting with the Registrar of Banks. Although the RBZ agreed with Mzwimbi's team on the need to have corporations as major shareholders due to the long term existence of a corporation as compared to individuals, the Registrar insisted on her terms. Finally, Royal Bank promoters chose the path of satisficing- and hence opted to invest as individuals, resulting in the following shareholding structure: &lt;br /&gt;&lt;br /&gt;*Jeff Mzwimbi - 25% &lt;br /&gt;&lt;br /&gt;*Victor Chando - 25% &lt;br /&gt;&lt;br /&gt;*Simba Durajadi- 20% &lt;br /&gt;&lt;br /&gt;*Hardwork Pemhiwa- 20% &lt;br /&gt;&lt;br /&gt;*Intermarket Unit Trust - 2% (the only institutional investor) &lt;br /&gt;&lt;br /&gt;*Other individuals - less than 2% each. &lt;br /&gt;&lt;br /&gt;The challenge to acquire institutional investors was due to the restrictions cited above and the requirement to pump money into the project before the licence was issued. They negotiated with TA Holdings, which was prepared to take equity holding in Royal Bank. &lt;br /&gt;&lt;br /&gt;So tentatively the sponsors had allocated 25% equity for Zimnat, a subsidiary to TA Holdings. Close to the registration date, the Zimnat negotiators were changed. The incoming negotiators changed the terms and conditions for their investment as follows: &lt;br /&gt;*They wanted at least a 35% stake &lt;br /&gt;&lt;br /&gt;*The Board chairmanship and chairmanship of key committees - in perpetuity. &lt;br /&gt;&lt;br /&gt;The promoters read this to mean their project was being usurped and so turned TA Holdings down. However, in retrospect Mzwimbi feels that the decision to release the TA investment was emotional and believes that they should have compromised and found a way to accommodate them as institutional investors. This could have strengthened the capital base of Royal Bank. &lt;br /&gt;&lt;br /&gt;Credibility Challenges &lt;br /&gt;&lt;br /&gt;The main sponsors and senior managers of the bank were well known players in the industry. This reduced the credibility gap. However some corporate customers were concerned about the shareholding of the bank being entirely in the hands of individuals. They preferred the bank risk to be reduced by having institutional investors. The new licensing process adversely affected access to institutional investors. Consequently the bank had institutional shareholders in mind for the long term. They claim that even the then head of supervision and licensing at RBZ, agreed with the promoters' concern about the need for institutional investors but the Registrar of Banks overruled her. &lt;br /&gt;Challenges of Explosive Growth &lt;br /&gt;&lt;br /&gt;The strategic plan of Royal Bank was to open ten branch offices within five years. They planned to open three branches in Harare in the first year, followed by branches in Bulawayo, Masvingo, Mutare and Gweru within the next year. This would have been followed by an increase in the number of Harare branches. &lt;br /&gt;From their analysis they believed that there was room for at least four more commercial banks in Zimbabwe. A competitor analysis of the industry indicated that the government controlled Zimbank was the major competitor, CBZ was struggling and Stanbic was not likely to grow rapidly. The bigger banks, Barclays and Standard Chartered, were likely to scale down operations. The promoters of the bank project had observed in their extensive international experie nce that whenever the economy was indigenised in Africa, these multinational banks would dispose of their rural branches. They were therefore positioning themselves to exploit this scenario once it presented itself. &lt;br /&gt;The anticipated opportunity presented itself earlier than expected. On an international flight with the Standard Chartered Bank CEO, Mzwimbi, confirmed his interest in a stake of the bank's disinvestments which was making rounds on the rumour mill. Although surprised, the multinational banker agreed to give the two month old entrepreneurial bank the right of first refusal on the fifteen branches that were being disposed of. &lt;br /&gt;&lt;br /&gt;The deal was negotiated on a lock, stock and barrel basis. When the announcement of the deal was made internally, some employees resisted and politicised the issue. The Standard Chartered CEO then offered to proceed on a phased basis with the first seven banks going through, followed by the others later. Due to Mzwimbi's savvy negotiating skills and the determination by Standard Chartered to dispose of the branches, the deal was successfully concluded, resulting in Royal Bank growing from one branch to seven outlets within the first year of operation. It had exceeded their projected growth plan. &lt;br /&gt;Due to what Mzwimbi calls divine favour, the deal included the real estate belonging to the bank. Interestingly, Standard Chartered had failed to get bank buildings on lease and so in all small towns they had built their own buildings. These were thus transferred within the deal to Royal Bank. Inherent in the deal was an inbuilt equity from the properties since the purchase price of $400 million was heavily discounted. &lt;br /&gt;&lt;br /&gt;Shortly after that, Alex Jongwe, the CEO of Barclays Bank, approached Royal Bank to offer a similar deal to the Standard Chartered acquisition of rural branches. Barclays offered eight branches, of which Royal initially accepted six. Chegutu and Chipinge were excluded, since Royal already had a presence there. &lt;br /&gt;However after failing to dispose of those two branches, Barclays came back and asked Royal "to take them for a song". Mzwimbi accepted these for two strategic reasons, namely the acquisitions gave him physical assets (the buildings) that he could lease out to anyone who decided to expand into those areas and secondly, that created a monopoly in those towns. With time, the fortuitous inclusion of real estate into the deal increased the wealth of Royal Bank as the prices of properties skyrocketed with hyperinflation. &lt;br /&gt;One of the major key drivers of the Zimbabwean economy is agriculture. After the failed Land Donors Conference in 1998 and the subsequent land reform programme, it was evident to the established banks that commercial farming would be significantly affected. &lt;br /&gt;They sought to quit the small towns since their major clients were commercial farmers. Strategically to acquire these branches when the major source of their revenue was under threat would have required that Royal Bank should have put in place an alternative source of revenue from farming. It is not clear whether this had been considered during these acquisitions. &lt;br /&gt;&lt;br /&gt;The acquisition increased Royal's branch network to 20 and the staff complement by 50. Incidentally, the growth created problems of managing the system as well as cultural issues. The highly unionised Standard Chartered employees were antagonistic to management as compared to the trusting Royal culture. This acquisition resulted in potential culture challenges. Management controlled this by introducing Norton and Kaplan's Balanced Scorecard system in an effort to manage the cultural clashes of the three systems. &lt;br /&gt;The Challenge of Financing Acquisition &lt;br /&gt;&lt;br /&gt;A major challenge in acquisitions is the financing structure. During licensing the Registrar of Banks refused to accept the nearly $200 million that had been spent by the promoters of Royal Bank as capital. She insisted that this be recognised as pre-operating expenses and therefore wanted to see fresh capital amounting to $100 million. The change of rules posed a challenge for Mzwimbi's team. However, being an astute deal maker he strategically conceptualised an arrangement whereby the $170 million worth of equipment purchased be accounted for as belonging to Royal Financial Holdings and made available to Royal Bank on a lease basis. This would then be sold to the bank as it grew. The RBZ was appraised of this decision and accepted it, and even noted in the inspection report the amount of expenditure spent pre-operatively by the promoters. The remainder of the pre-operative expenses were converted into nonvoting non-convertible preference shares of Royal Bank. &lt;br /&gt;In January 2003 commercial bank capitalisation was increased to $500 million by the regulator and hence there was a need for recapitalisation. This coincided with the branch acquisition deals. At this stage the Royal Bank team decided to partially fund the acquisition through a conversion of the preference shares into ordinary shares and partially from fresh capital injected by the shareholders. Since the bank was now performing well, it purchased the capital equipment, owned by Royal Financial Holdings, which it had been leasing. This deal included the redistribution and balancing of shareholdings in Royal Bank to conform to the statutory requirements. Retrospectively it may be viewed as a strategic blunder to have moved the equipment into the bank ownership. Considering the "sale" of Royal Bank assets to ZABG, if these and the real estate had been warehoused into RFH the take-over may have been difficult. This highlights the failure sometimes by entrepreneurs to appreciate the importance of asset protection mechanisms while still small. &lt;br /&gt;&lt;br /&gt;However the RBZ accused the shareholders of using depositors' funds for the recapitalisation of the bank. Partly this is due to a misunderstanding that RFH is the holding company of Royal Bank and so sometimes accounts flowing from Royal Financial Holdings were accounted by RBZ investigators as Royal Bank funds. These allegations formed part of the allegations of fraud against Mzwimbi and Durajadi when they were arrested in September 2004. Subsequently the courts cleared them of any fraudulent activities in January 2007. &lt;br /&gt;Managerial Challenges &lt;br /&gt;&lt;br /&gt;Retrospectively, Mzwimbi views his managerial team as being excellent apart from some "weaknesses in the finance department". He assembled a solid team from various banking backgrounds. The most significant ones became founding shareholders like Durajadi Simba at treasury, the late Sibanda in charge of the lending department. Faith Ngwabi-Bhebhe, then with Kingdom, helped lay a solid foundation of human resource systems for the bank. &lt;br /&gt;&lt;br /&gt;However, they had a challenge finding a financial director. The new statutory instrument required that CVs of all corporate officers be made available for vetting when the licence was applied for. Without a licence one could not promise someone in current employment a job and submit his CV as this would reflect badly on the promoters. Eventually they hired a chartered accountant without banking experience. Initially they thought this was a stop-gap measure. &lt;br /&gt;With the unanticipated growth, they forgot to revisit this department to strengthen it. Because of these weaknesses the bank continued to face challenges in the treasury department, despite the gallant efforts of the financial director. Strangely, when other executive directors were arrested the FD was left untouched and yet all the issues at stake arose from treasury activities. It would appear in retrospect that the FD was intimidated into providing incriminating evidence for the others. She too was threatened with arrest. &lt;br /&gt;Successful entrepreneurial ventures in a growth phase need both strong leaders and strong managers. It's not enough to have strong leadership skills. As Ed Cole said, "It's easier to obtain than to maintain." The role of strong managers is to create the capacity to maintain what strong entrepreneurial leaders acquire. Interestingly a new field of research, Strategic Entrepreneurship now recognises the need for both entrepreneurial and strategic management competences for successful ventures. &lt;br /&gt;&lt;br /&gt;Strategic Growth Plans &lt;br /&gt;&lt;br /&gt;Royal Bank's strategic intent was to create a full house of financial services. The plan included a commercial bank, a discount house, an insurance company, a building society and an asset management service. However the vision was later refined and the plans for a discount house were dropped, since a strong commercial bank with a powerful dealing room would serve the same purpose. A strong asset manager would also relieve the need for a discount house. &lt;br /&gt;With the significant branch network, the commercial bank was solid but needed a presence in a few major centres e.g. Masvingo and Gweru. In Gweru they could not locate suitable premises. &lt;br /&gt;In Masvingo, after a struggle they were offered premises which had previously been earmarked for Trust Bank. With Trust Bank facing challenges, it abandoned Masvingo. However, Royal was placed under a curator when it was about to move in. &lt;br /&gt;Royal Bank courted Finsreal Asset Managers for a potential acquisition since there were synergies and shared beliefs. It had a solid corporate customer base and very good growth prospects since an astute entrepreneur led it. Unfortunately the deal was aborted at the last minute when the owner opted out. After the Finsreal flop, Mzwimbi and his team pursued the asset manager through organic growth. They developed their own company -Regal Asset Managers - during the last quarter of 2003. At this stage the capital requirements and licensing process of asset managers was fairly easy. Asset managers were quite profitable, with minimal regulatory controls. Regal Asset Managers completed two good deals, namely: a management buyout of Screen Litho, a printing concern, and a big deal for First Mutual at its demutualisation. &lt;br /&gt;The Screen Litho deal had been offered to venture capitalists but their demands were excessive. That is when Regal Asset Managers was set up and concluded a funding deal through Royal Financial Holdings (RFH), resulting in RFH holding 99% of Screen Litho which was to be off- loaded once management was in a solid financial position. Screen Litho is performing very well and hence this investment has proven successful. The entrepreneurial Mzwimbi thus diversified his financial portfolio through this deal. &lt;br /&gt;&lt;br /&gt;For the building society, Royal eyed First National Building Society (FNBS) and almost signed a memorandum of agreement. Royal Bank was almost ready to transfer its staff mortgage facility to FNBS, when a close friend with a powerful position in the Society discouraged it from committing to the deal without divulging the reasons. A short while later FNBS was placed under a curator, with the RBZ citing cases of fraud by the top executives. The increasingly acquisitive Royal Bank entrepreneurs shifted and trained their guns at Beverly Building Society. Intermarket had already failed to consummate a deal with Beverley. Royal Bank was now competing with African Banking Corporation (ABC), which beat it to an agreement but was denied shareholder authority to complete the deal. Royal Bank then went back to wooing Shingai Mutasa of TA Holdings in an effort to increase its institutional shareholder base. He was keen on the deal. &lt;br /&gt;&lt;br /&gt;Mutasa was acquainted with the two British owners of Beverley and one of his board members sat on the Beverley Building Society board. His support would have been crucial in the deal. However this process was overtaken by events, as the incoming RBZ governor superintended a monetary policy which led the financial sector into a tailspin. &lt;br /&gt;&lt;br /&gt;Some young entrepreneurs approached Royal Bank seeking for support to establish an insurance company. Since this was in line with Royal's strategic plan it consented and helped start Regal Insurance Company. Royal Bank originated the name Regal Insurance. &lt;br /&gt;Once the licence was acquired there were some shareholder disputes and Royal Bank distanced itself from the deal. The young entrepreneurs who had been supported by Royal Bank lost the company to the other shareholders. &lt;br /&gt;&lt;br /&gt;The final thrust in the strategic plan was establishing a stock broking firm. An idiosyncrasy with stock broking licences is that they are not issued to an institution but to a person. Intermarket had the highest number of stock broking licences. Mzwimbi approached the Intermarket stock broking CEO, who was a friend, about the prospects of acquiring one of the stockbrokers and he did not seem to have a problem with that. At the same time Victor Chando, a major shareholder in Royal Bank, brought to the table his interest in acquiring Barnfords Securities. He was encouraged to pursue the deal with the help of Royal Bank with the plan of bringing it in-house as soon as possible. All Royal Bank deals would now be channelled through Barnfords. &lt;br /&gt;It appears that Royal bank developed a strong appetite for deals. One wonders what it would have been like if it had taken time to develop strong systems and capacity before attempting so many deals. What could have been avoided if the appetite for deals had been controlled? Entrepreneurs may need to exercise restrain in their expansion in order to create capacities to absorb and consolidate the growth. &lt;br /&gt;&lt;br /&gt;Article Source: http://EzineArticles.com/?expert=Dr_Tawafadza_A._Makoni &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;ENTREPRENEURIAL CHALLENGES - The Case of Royal Bank Zimbabwe Ltd &lt;br /&gt;&lt;br /&gt;By Dr Tawafadza A. Makoni&lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Industry Shake-up &lt;br /&gt;&lt;br /&gt;In December 2003 Mzwimbi went on a well deserved family vacation to the United States, satisfied with the progress and confident that his sprawling empire was on a solid footing. However a call from a business magnate in January 2004 alerted him to what was termed a looming shake- up in the financial services sector. It appears that the incoming governor had confided in a few close colleagues and acquaintances about his plans. This confirmed to Mzwimbi the fears that were arising as RBZ refused to accommodate banks which had liquidity challenges. &lt;br /&gt;&lt;br /&gt;The last two months of 2003 saw interest rates soar close to 900% p.a., with the RBZ watching helplessly. The RBZ had the tools and capacity to control these rates but nothing was done to ease the situation. This hiking of interest rates wiped out nearly all the bank's income made within the year. Bankers normally rely on treasury bills (TBs) since they are easily tradable. Their yield had been good until the interest rates skyrocketed. Consequently bankers were now borrowing at higher interest rates than the treasury bills could cover. Bankers were put in the uncomfortable position of borrowing expensive money and on-lending it cheaply. An example at Royal Bank was an entrepreneur who borrowed $120 million in December 2003, which by March 2004 had ballooned to $500 million due to the excessive rates. Although the cost of funds was now at 900% p.a., Royal Bank had just increased its interest rates to only 400% p.a, meaning that it was funding the client's shortfall. However this client could not pay it and just returned the $120 million and demonstrated that he had no capacity to pay back the $400 million interest charge. Most bankers accepted this anomaly because they thought it was a temporary dysfunction perpetuated by the inability of an acting governor to make bold decisions. Bankers believed that once a substantive governor was sworn in he would control the interest rates. Much to their dismay, on assuming the governorship Dr. Gono left the rates untamed and hence the situation worsened. This scenario continued up to August 2004, causing considerable strain on entrepreneurial bankers. &lt;br /&gt;&lt;br /&gt;On reflection, some bankers feel that the central bank deliberately hiked the interest rates, as this would allow it to restructure the financial services sector. They argue that during the cash crisis of the last half of 2003, bank CEOs would meet often with the RBZ in an effort to find solutions to the crisis. Retrospectively they claim that there is evidence indicating that the current governor though not appointed yet was already in control of the RBZ operations during that time period and was thus responsible for the untenable interest rate regime. &lt;br /&gt;&lt;br /&gt;In January 2004, after his vacation, Mzwimbi was informed by the RBZ that Royal had been accommodated for $2 billion on the 28th of December 2003. The Central Bank wanted to know whether this accommodation should be formalised and placed into the newly created Troubled Bank Fund. However, this was expensive money both in terms of the interest rates and also in terms of the conditions and terms of the loan. At Trust Bank, access to this facility had already given the Central Bank the right to force out the top executives, restructure the Board and virtually take over the management of the bank. &lt;br /&gt;Royal Bank turned down the offer and used deposits to pay off the money. However the interest rates did not come down. &lt;br /&gt;&lt;br /&gt;During the first quarter of 2004 Trust Bank, Barbican bank and Intermarket Bank were identified as distressed and put under severe corrective orders by the Central Bank. &lt;br /&gt;Royal Assault &lt;br /&gt;&lt;br /&gt;Royal Bank remained stable until March 2004. People who had their funds locked up in Intermarket Bank withdrew huge sums of funds from Royal Bank while others were moving to foreign owned banks as the perception created by Central Bank was read by the market to mean that entrepreneurial bankers were fraudsters. &lt;br /&gt;Others withdrew their money on the basis that if financial behemoths like Intermarket can sink, then it could happen to any other indigenously controlled bank. Royal Bank had an advantage that in the smaller towns it was the only bank, so people had no choice. However even in this scenario there were no stable deposits as people kept their funds moving to avoid being caught unawares. For example in one week Royal Bank had withdrawals of over $40 billion but weathered the storm without recourse to Central Bank accommodation. &lt;br /&gt;At this time, newspaper reports indicating some leakage of confidential information started appearing. When confronted, one public paper reporter confided that the information was being supplied to them by the Central Bank. These reports were aimed at causing panic withdrawals and hence exposing banks to depositor flight. &lt;br /&gt;Statutory Reserves &lt;br /&gt;In March 2004, at the point of significant vulnerability, Royal Bank received a letter from RBZ cancelling the exemption from statutory reserve requirements. Statutory reserves are funds, (making up a certain percentage of their total deposits), banks are required to deposit with the Central Bank, at no interest. &lt;br /&gt;When Royal Bank began operations, Mzwimbi applied to the Central Bank - then under Dr Tsumba, for foreign currency to pay for supplies, software and technology infrastructure. No foreign currency could be availed but instead Royal Bank was exempted from paying statutory reserves for one year, thus releasing funds which Royal could use to acquire foreign currency and purchase the needed resources. This was a normal procedure and practice of the Central Bank, which had been made available to other banking institutions as well. This would also enhance the bank's liquidity position. &lt;br /&gt;&lt;br /&gt;Even investors are sometimes offered tax exemptions to encourage and promote investments in any industry. This exemption was delayed due to bungling in the Banking Supervision and Surveillance Department of the RBZ and was thus only implemented a year later, consequently it would run from May 2003 until May 2004. The premature cancellation of this exemption caught Royal Bank by surprise as its cash flow projections had been based on these commencing in May 2004. &lt;br /&gt;&lt;br /&gt;When the RBZ insisted, Royal Bank calculated the statutory reserves and noted that, due to a decline in its deposits, it was not eligible for the payment of statutory reserves at that time. When the bank submitted its returns with zero statutory reserves, the Central Bank claimed that the bank was now due for the whole statutory reserve since inception. In effect this was not being treated as a statutory reserve exemption but more as a penalty for evading statutory reserves. Royal Bank appealed. There were conflicting opinions between the Bank Supervision and Capital Markets divisions on the issue as Bank Supervision conceded to the validity of Royal's position. However Capital Markets insisted that it had instructions from the top to recall the full amount of $23 billion. This was forced onto Royal Bank and transferred without consent to the Troubled Banks Fund at exorbitant rates of 450% p. a. &lt;br /&gt;FML Saga &lt;br /&gt;&lt;br /&gt;When FML was demutualising, the executives were concerned about the possibility of being swallowed by its huge strategic partner, Trust Holdings. FML approached Royal Bank and other banks to act as buffers. The agreement was that FML would fund the deal by placing funds with Royal Bank so that Royal would not fund it from its balance sheet. &lt;br /&gt;&lt;br /&gt;Consequently FML would leave the deposits with Royal Bank for the tenor of the loan. The deal was consummated through Regal Asset Managers and was to mature in December 2004, at which time it was anticipated that the share price of First Mutual would have blossomed, allowing Royal Bank to harvest its investment and exit profitably. The deal resulted in Regal Asset Managers owning 57 million FML shares. Royal Bank gave FML some securities in the form of treasury bills as collateral for the deposit. &lt;br /&gt;&lt;br /&gt;The Reserve Bank and the curator wrote off this investment because at that time FML was suspended at the ZSE. However the fact that it was suspended did not invalidate its value. Recent events have shown that this investment has generated huge capital value for Regal Asset Managers as the ZSE rebounded. Yet the curator valued this investment negatively. Around March 2004 there had been a contagion effect at FML due to the challenges at Trust Bank. This resulted in the forced departure of the FML CEO and chairman. FML was suspended from the local bourse as investigations into the financing structure of Capital Alliance's acquisition were carried out. Because of the pressure brought to bear on FML, it wanted to withdraw the deposits held by Royal Bank, contrary to the agreement. FML could not locate and return the treasury bills that had been provided as collateral by Royal. Royal Bank suspected that these had been placed with ENG, another asset management company which collapsed in December 2003. A public row broke out. Royal Bank executives sought counsel from Renaissance Merchant Bank, which had brokered the deal, and the Chairman of the ZSE, who both agreed with Royal that the deal was legitimate and FML had to honour the agreement. At this stage FML sought court intervention in an attempt to force Royal Bank into liquidation. Even the curator contested the FML position resulting in his taking it for arbitration. Royal's position remained that if FML fails to return the securities then it will not get the funds. &lt;br /&gt;&lt;br /&gt;Royal bank directors claimed political interference on the issue. The Royal Bank executives believe that the governor, against his better judgment, decided to act against Royal Bank under the pretext of the political pressure. In retrospect, the political support for cracking the whip at Royal gave credence to the rumour that the governor had an underlying agenda in taking Royal and merging it into ZABG because of its strong branch network. &lt;br /&gt;Royal Bank had been warned by friendly RBZ insiders that if it ever accessed the Troubled Bank Fund it would be in trouble, so it sought to avoid this at all costs. &lt;br /&gt;However on 4th August 2004, Royal was served with papers that effectively placed it under the curator. Interestingly, the curator's contract was signed two days earlier. Until this time no depositor had ever failed to withdraw his deposits from Royal Bank. &lt;br /&gt;The lack of credibility of the Reserve Bank in handling this case is exposed when one considers that some banks were given more than eight months to stabilise under curators, e.g. Intermarket and CFX Banks, and were able to recover. But Royal and Trust Bank were under the curator for less than two months before being amalgamated. The press raised concerns about the curators assuming the role of undertaker rather than nurse, and hence burying these banks.This seemed to confirm the possibility of a hidden agenda on the part of the Central Bank. &lt;br /&gt;Victor Chando &lt;br /&gt;&lt;br /&gt;Chando was an excellent financial engineer who set up Victory Financial Services after a stint with MBCA. He had been the brains behind the setting up of the predecessor of Century Discount House which he later sold to Century Holdings. Royal Bank initially had an interest in discount houses and so at inception had included Victor as a significant shareholder. He later acquired Barnfords Securities which Royal intended to bring in-house. &lt;br /&gt;&lt;br /&gt;Victory Financial Services was involved in foreign currency dealings, using offshore companies that bought free funds from Zimbabweans abroad and purchased raw materials for Zimbabwean corporations. One such deal with National Foods went sour and the MD reported it to the Central Bank. On investigations the deal was found to be clean but the RBZ went ahead to publish that he was involved in illegal foreign currency transactions and linked this to Royal Bank. However this was a transaction done by a shareholder as an account holder, in which the bank had no interest. What confused matters, was that Victory Financial Services was housed in the same building as Royal Bank. &lt;br /&gt;After failing to nail Chando to any criminal charges, the Central Bank issued an order for Royal Bank to force him out as a shareholder and board member. It is ridiculous that the Central Bank would vet who is a shareholder or not in banks - particularly when the people had no criminal records. &lt;br /&gt;&lt;br /&gt;Negotiations with OPEC were underway for it to take over Chando's shareholding. The Reserve Bank was aware of these developments. OPEC would then help in the recapitalisation as well as open up lines of credit for the bank. &lt;br /&gt;&lt;br /&gt;The Arrest &lt;br /&gt;&lt;br /&gt;In September 2004 the executive directors of Royal Bank, Mzwimbi and Durajadi, were arrested on five allegations of fraudulently prejudicing the bank. One of the charges was that they fraudulently used depositors' funds to recapitalise the bank. &lt;br /&gt;Three of the charges after police investigations were dropped, as they were not true. The two remaining charges were: &lt;br /&gt;a) a conflict of interest on loans that were made available to the directors. The RBZ alleges that they did not disclose their interests when companies controlled by them accessed loans at concessionary rates from the bank. However the enterprising bankers dispute these charges, as they claim the Board minutes prove that this interest was disclosed. Even the annual financial statements of the bank acknowledge that they accessed loans as part of their employment contract with the bank. &lt;br /&gt;&lt;br /&gt;b) money was owed to Finsreal Asset Management. However Mzwimbi argues that Finsreal actually owes them money and not the other way round. Royal Bank shareholders needed to inject money for recapitalisation of the bank and were requested to deposit their funds with Finsreal Asset Management. Since some had not paid their portion of the recapitalisation by the due date, Royal Financial Holdings, which had an account with Finsreal, paid the money on behalf of the shareholders - who were then indebted to Royal Financial Holdings. Somehow the RBZ confused this transaction as the bank's funds and therefore accused the &lt;br /&gt;&lt;br /&gt;shareholders of using depositors' funds to recapitalise. &lt;br /&gt;&lt;br /&gt;By retrospectively analysing the court case wherein the Royal Bank executive directors are accused of defrauding the bank it appears that the RBZ created a falsehood in order to frustrate the bankers. The curator who initially refused to take a stand before the RBZ appointed Independent Appeal, has in court clearly testified that no monies were stolen from the bank by the directors and that the curator did not (contrary to RBZ assertions) recommend charges against the bankers. In January 2007 the former executive directors of Royal Bank were acquitted by the High Court on the remaining criminal charges after the prosecution failed to present a convincing argument. &lt;br /&gt;Royal Bank assets were sold by the curator to ZABG barely two months after being placed under the curator, without any audited financial statements. The speed at which an agreement of sale was reached is astonishing. The owners of Royal Bank went to court and, after a protracted legal struggle, the court ruled that the assets were sold illegally and hence the sale was "illegal and of no force or effect and therefore null and void". The court then directed that the owners should appeal to the Central Bank for a determination of the actions of the curators. The Central Bank begrudgingly set up an "independent panel" to adjudicate the case. Strangely ZABG continued to trade on the illegal assets. &lt;br /&gt;&lt;br /&gt;The panel advised that the appeal by Royal bank be rejected as it would be difficult to disentangle it from ZABG. They also cited the fact that ZABG had some contractual obligations with third parties who may not want to do business with Royal bank. This strange ruling fails to explain why these considerations were not made when the amalgamation was done. The ruling also redefined the agreements between the curator of Royal bank and ZABG as not being an "agreement of sale" even though the parties which entered into the agreement clearly intended it to be viewed as such. This was a way of circumventing the Supreme Court ruling that the agreement of sale was null and void. &lt;br /&gt;But the panel did not explain how this disposal of the assets should be considered if it was not a sale. &lt;br /&gt;Consequently the major shareholders of Royal appealed to the Minister of Finance who upheld the RBZ decision. Mzwimbi and his colleagues have therefore appealed to the courts. In the meanwhile there was a failed attempt to sell the disputed assets by ZABG despite the outstanding legal challenge. Just ice delayed is justice denied. &lt;br /&gt;&lt;br /&gt;Mzwimbi and his team have been denied access to all bank records and yet are expected to defend themselves. As he characteristically puts it, "We are going into this fight blind folded and our hands bound, while fighting someone who has armour and a sword." &lt;br /&gt;&lt;br /&gt;Around 2002-3 there were press reports indicating that the ruling party/state wanted to have a stake in the profitable banking sector. A minister of government at the time of the arrest confirmed this to Mzwimbi and his team. Another bank, NMB, had allegedly been assaulted and the major shareholders were told to dispose of their shareholdings to certain politically connected persons. They refused and had to leave the country after some trumped up charges were preferred against them. Unfortunately, the governor faced resistance and the politicians distanced themselves. One indigenous banker reported how he was summoned to the Central Bank governor's office and informed that he should leave the country, as his bank would be closed. This banker credits Royal Bank's resistance to being manipulated as the reason why his own bank survived. The bank was placed under curatorship on 4th August 2004. Mzwimbi had secured potential investors for the recapitalisation of the bank just before the deadline of 30th September 2004. Three days before that deadline, Mzwimbi met the curator and explained in detail the position for the recapitalisation exercise. Investors who had shown interest and were in advanced negotiations were OPEC, Fidelity Insurance and some South African investors. He further asked the curator to request the Central Bank for an extension of about a week. The very next day he was arrested on the pretext that he was about to leave the country. Mzwimbi and his team believe that his arrest at that critical stage was meant to intimidate the would-be investors and result in the failure to recapitalise. This lends credence to the view that the decision to acquire the bank and amalgamate it in ZABG had already been made. The recapitalisation would have scuppered these plans. Notably, other banks were given an extension to regularise their recapitalisation plans. &lt;br /&gt;Shakeman Mugari reported that the central bank has in principle agreed to enter into a scheme of arrangement with Royal, Trust and Barbican banks which could see the final resolution of this issue. He argues that the central bank disregarded the value of securities that the banks had pledged to the central bank for the loans. If these are factored in, then the bank shareholders have some significant value within ZABG. If this scheme had been consummated it would have protected RBZ officials from being sued in their personal capacity for the loss of value to shareholders. From the article it appears like a memorandum of agreement had been signed to effect a reduction of Allied Financial Services' share in ZABG while the former banks' shareholders will take up their share in proportion to the value of their assets. This seems to indicate that the central bank has noted a weakness in its arguments. &lt;br /&gt;&lt;br /&gt;If this proves true Royal Bank could regain a fairly big stake of ZABG due to its assets which included the real estate and its paper assets which had been undervalued. &lt;br /&gt;The legal hassles show that entrepreneurs in volatile environments face unnecessary political and legal challenges. The rule of law in these countries is sometimes nonexistent. The legislative and political environments, instead of supporting investors, pose serious challenges to entrepreneurs. Entrepreneurs in these environments have to assess the associated risk in setting up their enterprises. However a new breed of entrepreneurs who do not fear the vicissitudes of political interference is making a difference. Entrepreneurs recognise that the environment is a constraint but can be manipulated until worthwhile opportunities are exploited for commercial value. These entrepreneurs choose not to be victims of the environment. &lt;br /&gt;&lt;br /&gt;Assault on Entrepreneurs' Character &lt;br /&gt;The information asymmetry whereby the Central Bank played its case in the public press while the accused bankers had no right of response created a false impression, in the minds of the populace, of entrepreneurs being greedy and unscrupulous. &lt;br /&gt;The Central Bank accused Jeff Mzwimbi and Durajadi Simba of siphoning funds from the bank. An example appeared in a press article in which it was alleged that the sale of Barclays Bank branches to Royal Bank was annulled and the refunded funds were remitted to Mzwimbi and Durajadi at Finsreal Asset Managers and not Royal Bank's account. This was a clear case of deliberate misinformation as the Central Bank was aware of the truth. Royal Bank had included the purchase of the Bulawayo Barclays Bank branch building which Barclays Bank would lease a portion of from Royal Bank. When Royal Bank fell short at the Interbank Clearing House, it renegotiated with Barclays. This was after Royal was threatened that if it did not clear this amount it would be placed into the Troubled Bank Fund - which carried severe penalties. &lt;br /&gt;&lt;br /&gt;The result was that Barclays refunded the amount paying it directly to Royal's Central Bank account. The RBZ acknowledged receiving these funds. How can they now accuse the founding shareholders of siphoning the same funds which went directly to the RBZ account? Mzwimbi insists that Barclays can easily testify to this. &lt;br /&gt;The RBZ also alleged that Mzwimbi and Durajadi withheld information from their CVs on application for the bank licence and hence questioned their integrity. They claimed that Mzwimbi withheld information on his involvement with a failed bank, UMB. But the business plan for Royal Bank which was filed with RBZ clearly states this involvement. The Central Bank would have these records anyway. They also queried Durajadi's source of funds and cast aspersions on the net worth statement. Yet Durajadi had been involved in Zimbabwe Trust and a transport business with his brother, which gave him sufficient net worth value. &lt;br /&gt;&lt;br /&gt;The RBZ contends that the Board of Royal Bank failed to comply with a directive to recapitalise by 29th July 2004. Royal Bank executives and Board state categorically that they never received this directive. Mzwimbi and his team argue that this is misinformation, as all banks were required to have recapitalised by 30th September 2004. &lt;br /&gt;&lt;br /&gt;The regulators also allege that the balance sheet of Royal Bank had a deficit of $140 billion, which the bankers dispute. If one were to consider the disputed $23 billion for statutory reserves and the $20 billion as accommodation from the clearing house, this would amount to $77 billion with interests. However with the undervaluing of the assets and the $160 billion which was written off as uncollectible, there would be no negative balance sheet. The contention of the Royal Executives is that the curator, at the behest of the Reserve Bank, deliberately tampered with the accounts to provide a reason for the take-over. This may be validated by the fact that the curator's balance sheet kept changing whenever he was challenged and he increased the write-offs, even of funds that had since been collected. Since Royal and Trust Banks were amalgamated into ZABG, the bank is still profitable, without any recapitalisation having been carried out. The very fact that this new amalgamated bank can operate for this long from insolvent banks' capital without recapitalising lends credence to the argument of the Royal Bank's owners. &lt;br /&gt;The entrepreneurs contend that they were dealing with a Central Bank which was determined to see them sink and not to protect the integrity of the banking system. This environment was not conducive to survival and it amplified normal weaknesses which could have been resolved in the course of normal business. &lt;br /&gt;Entrepreneurial Determination &lt;br /&gt;Mzwimbi and his colleagues refused to give up under challenging situations. Despite intimidation they took the Central Bank to court and refused to budge until justice was done. They were presented with numerous opportunities to quit the country but would not. &lt;br /&gt;&lt;br /&gt;It is reported that they have not given up on their dream. They have set up Royal Financial Services in Kenya, despite the challenges in Zimbabwe. Indeed a sign of perseverance. Press reports indicated that they are in negotiations with Trust Bank so that once they win their case they can merge and continue their operations in Zimbabwe. Trust did not confirm or deny this. The more likely scenario however is that both Trust and Royal could reach a compromise with the central bank resulting in them taking up equity in ZABG subject to an independent revaluation exercise of the assets which were taken over. &lt;br /&gt;Entrepreneurial Principles &lt;br /&gt;The entrepreneurial journey is fraught with risk but can be very rewarding. Some lessons that can be learned from the case study are as follows: &lt;br /&gt;&lt;br /&gt;* Entrepreneurs take calculated risk. Mzwimbi did not use all his resources in the bank but left his shareholding in Econet intact. He also sought to diversify his wealth by keeping some investments with FML and Screen Litho. This has been the mainstay of his wealth creation strategy. The disaster that befell the bank did not completely wipe him out because of this prudent investment strategy. &lt;br /&gt;* Entrepreneurs learn from their experiences. Mzwimbi's vast experiences taught him critical lessons. His international banking experience enabled him to see the emerging trends as Barclays and Standard Chartered withdrew from country towns, creating a route for his entry strategy. His work with Econet taught him perseverance as he and his colleagues fought legal battles with government for the award of the licence. Little did he know that this was just training ground for the battle of his life - the battle for Royal Bank. &lt;br /&gt;* Entrepreneurs need to continuously scan the environment for threats and opportunities. Whereas Mzwimbi and his team were good at noticing the emerging positive trends in the environment at inception, they failed to pick the changes in the regulatory environment when the new governor came on board. &lt;br /&gt;&lt;br /&gt;* Entrepreneurial strategy emerges and therefore entrepreneurs should be flexible. Although Royal Bank had a plan to grow at a steady pace, when the opportunity arose to acquire other branches cheaply the entrepreneurs seized the opportunity. &lt;br /&gt;* Entrepreneurs are faced with credibility challenges as customers, regulators and suppliers test the credibility of newcomers. Royal Bank minimised this by recruiting experienced and well known personnel in the market. However the lack of institutional shareholders led to credibility gaps with some corporate clients. &lt;br /&gt;* Entrepreneurs need to craft into their organisations both managerial and leadership competences to ensure both the ability to exploit opportunities (entrepreneurial activity) and sustainable company performance (strategic management). The more contemporary view of entrepreneurship transcends just the venture creation and now encompasses strategic growth. Although Mzwimbi was an excellent leader he needed a strong and powerful manager to consolidate the gains and create solid systems to sustain the rapid growth. Leaders thrive on change while managers thrive on handling complexity and creating order. &lt;br /&gt;* Business is built on relationships as these help in the scanning of the operating environment e.g. critical information about opportunities and threats was obtained from close relationships &lt;br /&gt;&lt;br /&gt;Lets close this article with a few questions that an entrepreneur should consider. For instance, if Mzwimbi had expanded less aggressively, would Royal Bank have been safer from the regulators? How could Mzwimbi have protected Royal Bank from political and regulatory interference if he anticipated those risks? If Mzwimbi had selected to pursue his enterprise ideas in a country with a more dependable political and regulatory environment, how would he have performed? Would it have been wiser to keep the equipment, real estate and other assets in Royal Financial Holdings or other corporate entity and only lease them to the bank? In that scenario would the predators have been able to pounce on the bank? &lt;br /&gt;&lt;br /&gt;Sources: I Dr Tawafadza A. Makoni confirm being the author of this work. The material for this case study was drawn from my interviews with Mr J Mzwimbi CEO of Royal Bank in February 2006 and two Royal Bank Board Members. Some material was drawn from an unpublished Royal Bank Strategic Business Plan, (2000) &lt;br /&gt;Article Source: http://EzineArticles.com/?expert=Dr_Tawafadza_A._Makoni &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Makamba said to seek asylum in Britain - http://www.newzimbabwe.com/pages/makamba17.13160.html &lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Makamba skips country for SA&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Makamba locked up once more on fresh graft charges&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Makamba evicted from Mazowe&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Makamba fined for breaching forex laws&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Judge throws out case against Makamba&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Makamba prosecutors ambushed with new evidence&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Makamba granted bail but remains in jail&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Makamba repatriates externalised forex&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* High Court thwarts Makamba's freedom bid&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Makamba released, rearrested&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Makamba faces 22 forex offences&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;* Makamba arrested&lt;br /&gt;&lt;br /&gt;By Staff Reporter&lt;br /&gt;&lt;br /&gt;Last updated: Thu, 12 Nov 2009 14:59:23 GMT &lt;br /&gt;&lt;br /&gt;MEGA RICH Zimbabwean business mogul James Makamba is seeking asylum in Britain, barely three weeks after a Zimbabwean magistrate issued a warrant for his arrest, it was claimed Thursday. &lt;br /&gt;The Telecel boss owns a multi-million pound-property in the lush Knightsbridge area of London and would be settling there, sources said last night. &lt;br /&gt;&lt;br /&gt;Makamba -- rumoured to have bedded President Robert Mugabe's wife, Grace -- was due before a Harare magistrate at the end of August but gave the hearing a miss after staying put in South Africa where he had gone on a business trip. &lt;br /&gt;&lt;br /&gt;He was later spotted by reporters in the upmarket Sandton surburb of Johannesburg in the company of another wanted fugitive businessman, Mutumwa Mawere. &lt;br /&gt;&lt;br /&gt;A bid to extradite Mawere failed as he is now a South African citizen. &lt;br /&gt;&lt;br /&gt;The weekly Financial Gazette newspaper, quoting sources, said Makamba -- a former MP and Zanu PF central committee member -- had engaged London-based immigration law firm Chipatiso and Company Solicitors, to pursue his asylum claim. &lt;br /&gt;&lt;br /&gt;The paper said political activist and lawyer, Yvonne Mahlunge, who is at Chipatiso and Company held meetings with Makamba this week. However, Mahlunge flatly denied meeting Makamba and declined further comment to the Financial Gazette. &lt;br /&gt;Mahlunge had not responded to an interview request by New Zimbabwe.com last night. &lt;br /&gt;&lt;br /&gt;Makamba joins a host of rich fugitives, mainly bankers, who have skipped the country to escape graft charges. These include former NMBZ executives, Julius Makoni, James Mushore, Otto Chekeche and Francis Zimuto. Intermarket group founder Nicholas Vingirai, Mthuli Ncube of Barbican Bank, Gilbert Muponda of ENG Capital, Dipak Pandya, Jayant Josh and his brother Manharlal. &lt;br /&gt;In a recent interview, Makamba told a journalist: "Why do they continue to pursue me? There are more serious issues to deal with, the economic crisis. It warrants more attention. Why are they interested in Makamba? The intention must be evil!" &lt;br /&gt;Makamba already faces a battle to retain his shareholding at the cellular telephony company, Telecel Zimbabwe, where government big wigs have stepped up efforts to oust him. &lt;br /&gt;Sources say there is an escalating campaign to seize Makamba's properties, with his major shareholding in Telecel the first target. He has already shut his supermarket in Mazowe, claiming Central Intelligence Organisation officials were trying to muscle him out of business.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Open letter to President Mugabe&lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;His Excellency President Robert Gabriel Mugabe&lt;br /&gt;&lt;br /&gt;President of the&lt;br /&gt;&lt;br /&gt;Republic of Zimbabwe&lt;br /&gt;&lt;br /&gt;Munhumutapa Building&lt;br /&gt;&lt;br /&gt;Samora Machel Avenue&lt;br /&gt;&lt;br /&gt;HARARE&lt;br /&gt;&lt;br /&gt;ZIMBABWE&lt;br /&gt;&lt;br /&gt;Your Excellency President R. G Mugabe &lt;br /&gt;RE ; GOVERNOR GIDEON GONO ,  ENG CAPITAL AND RESERVE BANK OF ZIMBABWE REFORM &lt;br /&gt;&lt;br /&gt;Firstly  Your Excellency I would like to congratulate and thank you for agreeing to and implementing the Inclusive Government (I.G) . You have shown encouraging leadership  by demonstrating that you can indeed work with members of the opposition even though  challenges remain. The I.G offers our nation hope for revival and future prosperity if it can be fully implemented . &lt;br /&gt;The purpose of my letter is to clarify a few issues which you may not have been accurately briefed on . &lt;br /&gt;My name is Gilbert Muponda. I hope you remember me,  since in several public statements  you were quoted to have mentioned both my Company ENG CAPITAL and my name. As  you may recall during the Financial crisis of 2003- 2004 I was made the poster boy for all things that had gone wrong with Zimbabwe's Economy. &lt;br /&gt;At one funeral you even mentioned me by name and you said " hameno kuti vabereki vaMuponda vanoti kudii mwana wavo zva auraya nyika kudai". The then crusade was that once Zimbabwe closed firms and businesses such as ENG CAPITAL the economy would recover and people would have a better standard of living . &lt;br /&gt;The exchange rate between the Zimbabwe dollar and the US$ then was 1500 is to 1. The rate of inflation was 450% . But by early this year 5 years after the closure of ENG inflation had risen to around 500 million percent .One US$ was trading for several trillion Zimbabwe dollars. The situation worsened until the Zimbabwe dollar was suspended and replaced by foreign currency to a point that Zimbabwe has lost monetary policy sovereignty . &lt;br /&gt;&lt;br /&gt;Zimbabwe's monetary Policy is now being determined from South Africa ,Washington  and other Western Capitals because Dr Gono was reckless in managing the country's economy as he indulged himself in excessive money printing without devising other strategies such as those employed by Ian Smith's regime which allowed the Rhodesia Front to carry on for 15 years despite sanctions . &lt;br /&gt;Your Excellency when the Defense Forces Chiefs are forced to make various announcements and statements to insist that Governor Gono will remain it undermines Your Office, the Defense forces and the credibility of the Reserve Bank . The hiring and firing of the Reserve Bank Governor is not a matter for the Army to publicly stand behind a certain individual. This scares investors and other international partners. &lt;br /&gt;&lt;br /&gt;Dr Gono has done his level best and as such he should now be allowed to rest and be gracefully retired to make way for another Governor to guide the Economy forward .An inaccurate impression is being created that there are malicious people who are trying to have Dr Gono dismissed for personal or vindictive reasons . &lt;br /&gt;&lt;br /&gt;The correct position is that Dr Gono is being asked to gracefully retire for several clear reasons related to how he has mismanaged the country's monetary policy, its currency and the economy in general . The reasons are not personal but National in terms of importance as his departure will unlock resources  that remain elusive due to the way the Governor Has conducted himself over the last 5 years . &lt;br /&gt;&lt;br /&gt;This is not about MDC against ZANU-PF .I am sure MDC could agree with ZANU PF providing an acceptable replacement for Governor Gono. The problem is Governor Gono is seriously compromised and his stay at the Central Bank is endangering the chances of Economic recovery . &lt;br /&gt;&lt;br /&gt;According to a report carried by the respectable AFP news agency of 25 May 2009 Cde President  it appeared you were responding to my letter to the Prime Minister and  were quoted as having said the following about Governor Gono  ;&lt;br /&gt;&lt;br /&gt;"He is not a thief, he has done no wrong. Prove the wrong he has done, That's the crime he is alleged to have committed -- that he stood by this man Robert Mugabe, who must collapse so that there is regime change." &lt;br /&gt;&lt;br /&gt;Governor Gono's alleged crime is not that he supported or stood by you. His real crime is economic sabotage , this is why he has been  referred to as an Economic terrorist . He is ruining the country's economy through various ill-thought out policies and devising  unjust self enrichment schemes which drained investor confidence whilst milking national coffers at the same time . &lt;br /&gt;&lt;br /&gt;The major problem with his unjust self enrichment schemes is that he has been randomly mentioning that he does this with the approval of his "Principal". This Your Excellence is undesirable for a man of your stature and standing to let your name and reputation be tainted as the one who is facilitating and allowing such unjust self enrichment  and self aggrandizement schemes. &lt;br /&gt;I will briefly describe for you one specific example about what I mean by unjust self enrichment schemes .I am sure you were told that ENG CAPITAL had many cars, and these cars were the only assets that ENG had. &lt;br /&gt;&lt;br /&gt;The correct and accurate facts are that ENG was a Group of Companies which Companies had Directors, Managers and employees and the cars were for the use of these  members of staff who ran the various companies which made up ENG CAPITAL.&lt;br /&gt;&lt;br /&gt;ENG Capital group had a market value of US$ 175 million, just before the RBZ descended on the Institution. &lt;br /&gt;Below is a brief ENG Group Structure ;&lt;br /&gt;&lt;br /&gt;ENG HOLDINGS GROUP STRUCTURE&lt;br /&gt;&lt;br /&gt;- SUBSIDIARIES&lt;br /&gt;&lt;br /&gt;- ENG CAPITAL INVESTMENTS PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG ASSET MANAGEMENT PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG REAL ESTATE&lt;br /&gt;&lt;br /&gt;- ENG NOMINEES PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG PRIVATE EQUITY (PVT) LTD&lt;br /&gt;&lt;br /&gt;- ENG CAPITAL ADVISORY SERVICES&lt;br /&gt;&lt;br /&gt;- ENG STRUCTURED FINANCE&lt;br /&gt;&lt;br /&gt;ADDITIONAL MAJOR ASSETS OWNED&lt;br /&gt;&lt;br /&gt;- Century Bank Holdings (now CFX bank)&lt;br /&gt;&lt;br /&gt;- Leasing Company of Zimbabwe, Century Asset Managers)&lt;br /&gt;&lt;br /&gt;- Century Discount House&lt;br /&gt;&lt;br /&gt;- Hybri Micro-Finance Institution&lt;br /&gt;&lt;br /&gt;- Care Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- RestCel Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- Amalgamated Health Services ? (Harare West Hospital )&lt;br /&gt;&lt;br /&gt;- 15% of OK Zimbabwe Limited&lt;br /&gt;&lt;br /&gt;- 15% of Zimplow Holdings Limited&lt;br /&gt;&lt;br /&gt;- 20% Medtech Holdings Limited&lt;br /&gt;&lt;br /&gt;- Hornet Re-Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- Pearl Pension Fund Management&lt;br /&gt;&lt;br /&gt;- 25 % Clan Holdings Limited&lt;br /&gt;&lt;br /&gt;- 25 % Zimbabwe News Papers Group - Zimpapers Limited&lt;br /&gt;&lt;br /&gt;- Allied Conveyor Belts PVT LTD&lt;br /&gt;&lt;br /&gt;- River Drilling PVT LTD&lt;br /&gt;&lt;br /&gt;- Real Estate including (Anastasia Court, Belgravia House, Thaine Building)&lt;br /&gt;&lt;br /&gt;- Various Listed ZSE Listed shares&lt;br /&gt;&lt;br /&gt;- Treasury Bills&lt;br /&gt;&lt;br /&gt;- GMB Bills&lt;br /&gt;&lt;br /&gt;- Cargill Commercial Paper&lt;br /&gt;&lt;br /&gt;- $ 4 billion - Alliance Capital Debenture (representing 123 million First Mutual Life shares)&lt;br /&gt;&lt;br /&gt;- 23 Million First Mutual Life shares &lt;br /&gt;ENG Group was liquidated and managed to repay its creditors. &lt;br /&gt;&lt;br /&gt;Using the Anti-Graft mantra Governor Gono devised an unjust self enrichment scheme targeting business leaders arresting,harassing,intimidating,exiling and black mailing entrepreneurs . &lt;br /&gt;&lt;br /&gt;ENG assets above  included a parcel of  more than 600 million Century  Financial Holdings ( Now CFX BANK) of these 600 million we were able to track 309 Million Shares sold to Network Investments and Kwangwari Enterprises which are investment vehicles in which Gono reportedly has interests. &lt;br /&gt;&lt;br /&gt;The 309 Century Financial Holdings Limited Million shares in question were sold through Fidelity Stock brokers on or around May 13, 2004. Within the same week an announcement was then made that CFX Bank was taking over Century Holdings. &lt;br /&gt;The shares were sold to Gono's reported consortium for Z$2,9 billion when ENG had spent $35 billion to accumulate the shares, thereby prejudicing ENG, Creditors, Investors and contributories of at least Z$32,1 billion. &lt;br /&gt;&lt;br /&gt;As ENG contributory and shareholder, I wrote to the Zimbabwe Stock Exchange Chief Executive Mr Emmanuel Munyukwi asking for an investigation because we had agreed with the majority of creditors that the shares should not be sold but rather swapped with creditors and investors instead of selling them at an unreasonable price. &lt;br /&gt;But the 309 Century /CFX Financial Holdings million shares were somehow clandestinely sold and that transaction enabled CFX Bank to take over Century Holdings Limited. &lt;br /&gt;This allowed the reverse listing of CFX Bank on to the Zimbabwe Stock Exchange. Without those 309 Century Holdings Limited million shares owned by ENG the CFX/Century merger would have never happened. Gono and his proxies became the new controlling shareholder of the new merged bank. &lt;br /&gt;&lt;br /&gt;Is this by design or accident?Gono then forced out the Mr Sean Maloney who had helped to put together the transaction. Mr Sean Maloney had to leave the country under unclear circumstances . Part of the same shares snatched From ENG were later transferred to Premier Bank Financial Holdings which is reportedly owned by Governor Gono . &lt;br /&gt;&lt;br /&gt;ENG directors and contributories asked the high court to set aside the sale of the shares and the matter action is still before the courts in Harare. We asked Zimbabwe Stock Exchange Committee to investigate. They refused. We asked the brokers for the identity of the buyer of our shares. They refused. The brokers indicated they were under serious pressure from individuals they couldn't identify to maintain total secrecy on the identity of the buyer. &lt;br /&gt;Within a few days of raising the challenge of the CFX/Century shares Justice Minister Patrick Chinamasa specified me without affording me a hearing or an enquiry as required by the Constitution of Zimbabwe . The was specification at the instigation of Governor Gono .The specification was meant to harass, cow, intimidate and silence me from raising further complaint and challenges regarding ENG assets specifically these 309 million shares in CFX Financial Holdings. &lt;br /&gt;Since the ENG shares in Century /CFX Bank  Financial Holdings were irregularly transferred  the Bank ownership remains in dispute. The ENG shareholders and contributories filed and sought a high court order to stop the transfer of the shares until the dispute had been resolved . &lt;br /&gt;&lt;br /&gt;The shares were still clandestinely transferred despite the pending high court application to resolve the dispute . After filing for this order My Lawyer the late Oscar Ziweni was also specified by the Minister of Justice and threatened ,harassed and intimidated until he went into hiding. &lt;br /&gt;&lt;br /&gt;However the point remains ENG shareholders and contributories still lay claim to these shares and stake in Century/ CFX BANK which were looted by Governor Gono .&lt;br /&gt;&lt;br /&gt;A few individuals directly involved in the illegal sale of the ENG shares in Century later confessed that the beneficiary of the transaction was Governor Gono. &lt;br /&gt;Cde President the description of the actions above constitutes unacceptable behavior by the Governor of the Reserve Bank . The transactions clearly show corrupt behavior which when repeated at a massive scale as done by Governor Gono can bring down a country's Economy. This is a significant part of what killed Zimbabwe's Economy. I am sure other business people will have their stories to tell and many will have common features with what I have described above . &lt;br /&gt;&lt;br /&gt;This will be difficult to prove without a forensic audit of Independent Commission of Enquiry .And this will only be possible if Governor Gono is gracefully asked to recuse himself or go on paid leave whilst this is done. As a scholar of modern corporate Governance practices I believe the Governor will find this acceptable. &lt;br /&gt;As you may probably recall Barbican Bank, Trust Bank and Royal Bank experienced a liquidity crisis similar to what Century /CFX Bank experienced during the same period . &lt;br /&gt;Barbican Bank, Trust Bank and Royal bank were then taken over and amalgamated to form Zimbabwe Amalgamated Bank ( ZABG) . Even though Century /CFX Bank faced the same situation it was not merged into ZABG. &lt;br /&gt;&lt;br /&gt;The reason was that Governor Gono was now the new controlling Shareholder and he was protecting his self interests. Century /CFX Bank was placed into temporary curatorship only to reopen a few months with RBZ pumping huge amounts of money to protect Governor Gono's " new investment". Your Excellency this is corruption. This is how the country goes down the drain.&lt;br /&gt;&lt;br /&gt;ENG case was not in isolation . Many people lost jobs, businesses and careers whilst Governor Gono was hiding behind anti-graft campaign just like today he is hiding behind the sanctions busting myth as if he is the one who invented sanction busting techniques. Businesses destroyed or taken over Royal Bank, Intermarket, Barbican, Intermarket, Rapid, Sagit, Africa Resources, Century Bank, Trust Bank,Time Bank. &lt;br /&gt;&lt;br /&gt;And this all happened within a space of less than 6 months. Jobs were lost. Business people were intimidated, scandalized, arrested or haunted out of the country. This Your Excellency is what ruined the Economy. Even a strong Economy can not with stand such massive brain drain where highly experienced and skilled business people and bankers are dismissed, exiled or jailed all at the same time. &lt;br /&gt;The Economy and investor confidence suffers. Capital Flight will result and factories and businesses will relocate into neighboring countries whilst foreign investors avoid the country after witnessing how local investors and entrepreneurs  have been treated. This is what ruins the country's economy . &lt;br /&gt;Your Excellency as you may be aware CUBA and North Korea have been under sanctions for longer periods than Zimbabwe. Cuba has been under a serious sanctions for more than 50 years , yet inflation  in CUBA has never reached 1000% . &lt;br /&gt;The Cuban currency has never been to levels witnessed by Zimbabwe dollar. It is therefore clear that Zimbabwe's Economic decline has more to do with ruinous policies as devised and implemented primarily by Governor Gono .&lt;br /&gt;&lt;br /&gt;The list of victimized businesspeople is rather long but it includes such luminaries as Dr Makoni, Mutumwa Mawere, James Mushore, Emmanuel Fundira, Otto Chekeche, Godfrey Jowa, Norman Sachikonye, Victor Chando, Durajadi Simba, Jeffrey Muzwimbi, William Nyemba, Nicholas Vingirai, Mthuli Ncube , Francis Zimuto , James Makamba, David Butau, Minister Chris Kuruneri, Nyevero Hlupo, Chris Goromonzi,John Moxon and many more. Mr President all these men above are true patriots who chose to set up businesses in their own country instead of neighboring countries where they had similar opportunities and incentives. &lt;br /&gt;&lt;br /&gt;Is this normal to see a whole generation of entrepreneurs scandalized and lose all credibility and all at the same time all based on accusations raised and directed by one man? &lt;br /&gt;A lot of these individuals have been forced to settle in other countries where they are working, creating jobs and help build neighboring economies whilst Zimbabwe is in desperate need for such skills and services . &lt;br /&gt;&lt;br /&gt;This list includes some of the most gifted Bankers and Business people of our lifetime. It includes The Founders of the first Indigenous Merchant Bank, It Includes the founders of the first Discount House, It includes the first Black Entrepreneurs to form and list their own Financial Institution in Zimbabwe . &lt;br /&gt;All these men  Your Excellency have been haunted out of the country , embarrassed and disgraced due to the vindictiveness of Governor Gono as he pursued long discredited economic policies. When such experienced and skilled business people are haunted out of their businesses and out of the country the impact is long term . Factories close, production is reduced ,shortages become widespread and prices keep rising till hyper inflation becomes order of the day . &lt;br /&gt;&lt;br /&gt;During the 1980s and 1990s the Government ran the much vaunted Education for All campaign. That campaign produced millions of graduates .Including me. &lt;br /&gt;&lt;br /&gt;It is sad today that a majority of those products are today working and serving other nations whilst Zimbabwe is in desperate need of their skills and services. More than 80% of my former classmates at National University  of Science and Technology are now based outside Zimbabwe. &lt;br /&gt;&lt;br /&gt;Cde President other countries protect and support their business people and entrepreneurs. They give them incentives to remain ,stay and be based in their country of birth. In the USA there are individuals like Warren Buffet, Steve Jobs, Bill Gates and many others. They live in America and if they were to re-locate else where I am certain the American Government will do everything it can to re-attract them . &lt;br /&gt;&lt;br /&gt;They do this because they know Entrepreneurs create jobs ,provide services and make the economy prosper . In 2006 The richest Chinese man was  the  then 37 year old Wong Kwong Yu of Gome Appliances.  Wong Kwong Yu has an estimated $2.3 billion US dollars in assets according to the Forbes business magazine. &lt;br /&gt;China has 108 other billionaires. And they all live in and operate from China. These are some of the people who have helped China become such an Economic powerhouse . The world over its rare for any country to be developed by foreigners in the absence of a vibrant local entrepreneurial community .Whilst Zimbabwe may look east its also important that it looks inside for its own business people and entrepreneurs . &lt;br /&gt;&lt;br /&gt;Under the direction of Governor Gono Zimbabwe lost too many talented individuals who are needed to revive the Economy . It is therefore imperative that the RBZ be reformed and Governor Gono be re-deployed away from the Central Bank which must play .&lt;br /&gt;&lt;br /&gt;The  Media and those close to  you tried to create impressions that ENG was brief case company premised on Financial Engineering and Financial gymnastics and creating money from thin air without real economic activity. This is false . I will clarify this by bringing to your attention 2 companies which were part of the ENG Capital Group. ENG included River Drilling PVT LTD  specialized in locating under ground rivers and water bodies. &lt;br /&gt;Its main activity was to locate such water bodies and bore hole drilling through out the country .This included drilling boreholes for schools and rural district councils. Allied Conveyor Belts was involved in manufacturing ,servicing and installation of conveyor belts and elevators . &lt;br /&gt;&lt;br /&gt;At the time of ENG 's closure the Company was in the process of negotiating the refurbishment of all the Conveyor belts and systems at Hwange Colliery Company Limited . In addition it was finalizing an conveyor belt system export  order worth US $ 2.8 million from an Angolan  firm . &lt;br /&gt;&lt;br /&gt;It is clear a misleading impression was created that ENG specialized in cars or non-economic activities and these businesses I am highlighting were ignored and downplayed to try and create justification for the closure of ENG CAPITAL whilst  ENG assets were stripped and looted as earlier described above. &lt;br /&gt;I hope the above will give an indication of why the RBZ must be reformed and during that reform individuals like Governor Gono must gracefully be retired or redeployed . &lt;br /&gt;The above case about the ENG shares in Century / CFX Financial Holdings show how corrupt the Governor is .Your Excellency your reputation and legacy  is on the line. Cde President you can not be seen to be defending and protecting a corrupt man like Governor Gono. &lt;br /&gt;&lt;br /&gt;I am sure other cases of his corrupt behavior will be brought to your attention since you have asked people to show you the Governor's criminal and corrupt deeds . &lt;br /&gt;Gilbert Muponda is an Entrepreneur based in Canada. &lt;br /&gt;&lt;br /&gt;He is Founder of GMRI Capital He can be reached at; &lt;br /&gt;&lt;br /&gt;Facebook ; &lt;br /&gt;&lt;br /&gt;Email: gilbert@gilbertmuponda.com . Skype ID: gilbert.Muponda &lt;br /&gt;&lt;br /&gt;Twitter ; http://twitter.com/gmricapital &lt;br /&gt;Phone: 1-416-841-5542&lt;br /&gt;&lt;br /&gt;By Paul Ndlovu&lt;br /&gt;&lt;br /&gt;The Gideon Gono and Tendai Biti fight is now on overdrive after&lt;br /&gt;&lt;br /&gt;revelations from the Governor that Biti eternalized US$1 million&lt;br /&gt;&lt;br /&gt;dollars in 2005.&lt;br /&gt;&lt;br /&gt;In a letter written to the Prime Minister Morgan Tsvangirai by Gono&lt;br /&gt;&lt;br /&gt;there is a startling revelation that Biti externalized foreign&lt;br /&gt;&lt;br /&gt;currency at a time when the country was desperately in need of it at&lt;br /&gt;&lt;br /&gt;the height of the black-market and Zanu (Pf) looting (a party that&lt;br /&gt;&lt;br /&gt;Gono belongs to as its chief financier).&lt;br /&gt;&lt;br /&gt;"Between 2005-06, the RBZ uncovered US$1 million kept in his law&lt;br /&gt;&lt;br /&gt;firm's Barclays account held in the Isle of Man in breach of Exchange&lt;br /&gt;&lt;br /&gt;Control Regulation," reads part of the 15 pages latter in which Gono&lt;br /&gt;&lt;br /&gt;pleads for the Prime Minister's protection.&lt;br /&gt;&lt;br /&gt;Gono goes on to claim that the Biti "crime" is in the court even&lt;br /&gt;&lt;br /&gt;though no prosecution has been made. Perhaps waiting for the right&lt;br /&gt;&lt;br /&gt;time.&lt;br /&gt;&lt;br /&gt;"The matter is yet to come to actual trial although it is at the courts."&lt;br /&gt;&lt;br /&gt;Gono has been pushed to the limit by the Tendai Biti campaign to get&lt;br /&gt;&lt;br /&gt;him out of the reserve bank-the central monetary clearinghouse.&lt;br /&gt;&lt;br /&gt;Biti has on a number of times branded Gono the number 1 state enemy&lt;br /&gt;&lt;br /&gt;for his quasi-fiscal policies for a lack of a better word Biti has&lt;br /&gt;&lt;br /&gt;been referring to Gono as "an economic terrorist."&lt;br /&gt;&lt;br /&gt;Sources at the Reserve Bank of Zimbabwe revealed that Gono has been a&lt;br /&gt;&lt;br /&gt;shadow of himself ever since the all-inclusive setup choosing to be a&lt;br /&gt;&lt;br /&gt;silent Governor. For the first time during his tenure RBZ worker&lt;br /&gt;&lt;br /&gt;defied his command and went on strike over unpaid salaries. They are&lt;br /&gt;&lt;br /&gt;yet to receive they money backdated to February.&lt;br /&gt;&lt;br /&gt;Gono financed the violent Zanu Pf political violence mission before&lt;br /&gt;&lt;br /&gt;the June 27 election run off where Mugabe ended up running a one man&lt;br /&gt;&lt;br /&gt;race after Zanu Pf scared off the MDC by deploying violent tactics of&lt;br /&gt;&lt;br /&gt;the Ku Klux Klan. People were killed on suspicion of being MDC.&lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Gono's letter to Jomic&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;15th May 2009&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The chairman of Jomic, Prof W Ncube&lt;br /&gt;&lt;br /&gt;1st Floor Mukwati Building&lt;br /&gt;&lt;br /&gt;4 St/Central Avenue&lt;br /&gt;&lt;br /&gt;Harare&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;RE LETTER OF COMPLAINT TO JOMIC&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;1. My understanding, as a layman, is that Jomic plays an important oversight role over the Global Political Agreement currently in place today. I also understand that it provides for individuals who believe that in the context of the political processes under way, there are certain Violations, Harassment, False Justifications, victimisation, Malice and Misrepresentations which have been made or are being made by certain key persons and individuals against others and which Violations, Misrepreseantations, Malice, Falsehoods, have been or are being perpetrated to achieve certain pre determined political outcomes that have nothing to do with national interests.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;2. A case in point is where I have continued to suffer abuse from one of the GPA negotiators and now Minister of Finance Hon TL Biti who succeeded to hide his true motives and intentios from all our Political Negotiators, the Facilitator as well as our (3) Principals, our Cabinet and its Committees, SADC Heads of State and Government, the International Community, IMF/WB/ADB among others and made Governor Gideon Gono an issue for removal by the Principals.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;3. As the attached documentation will show, Hon Biti has sown seeds of hatred, and made me a victim of political malice, apart from endangering my life and that of my family in the process.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;4. I believe that he may not have declared to all above parties and stakeholders concerned that he has a personal vendetta against the Governor and the Reserve Bank of Zimbabwe in general over his Legal Firm's alleged Externalisation and Money Laundering Allegations that my team were investigating from 2005 2006, a matter that remains unsettled at the Courts and for which he and his partners at the Law Firm Honey and Blanckenberg may be called upon to testify with embarassing revelations.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;5. My team had also earlier this year (23.01.09) received from another Whistle Blower allegations of further financial improprieties involving alleged acquisitions of certain properties in South Africa. See attached.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;6. My team have not to date looked into that matter for fear of victimisation, neither have they brought those matters to any other investigating Office in the country, yet. We did not want to be seen as undermining the new spirit of inclusivity and national healing, preferringto let sleeping dogs lie and open a new chapter but this does not seem to be the Minister's spirit.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;7. An example of such damaging falsehoods was that the false story from him to Cabinet alleging that Governor borrowed US$1,1bn on behalf of the state without approval from Government yet he had on file, letters of authorisations from his predecessor Ministers of Finance. The move was meant to bring disrepute to the operations of the RBZ and the Governor.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;8. I have enclosed copies of our subsequent correspondence with the Hon Minister.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;9. I have also enclosed copies of many political fliers being dropped in Bulawayo, Harare and other urban areas demonizing me along the same lines that the Minister is accustomed to doing, though I am not suggesting that he is the one behind the pamphlets because I don't have that evidence.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;10. Over the period he has been my minisiter, he has only met with the governor and his team on three, very brief occasions and yet speaks about our operations as if he is actually in the picture, yet he is not.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;11. I have raised the harassment issue via Government processes of the office of the Hon Prime Minister and I await his response but that is only to do with governmental processes.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;12. From the GPA angle and political processes I believe that it is right and proper that such serious issues be brought before JOMIC and I appeal to you to have the matter put under Agenda for your next meeting or if you deem it necessary that it be elevated to the platform of the three Principals and/or either processes you deem most appropriate.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;13. All I want is to work in peace and to be left to do my job as prescribed by law without victimisation or danger of the nature I am experiencing.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Yours Sincerely,&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;G. GONO&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;GOVERNOR&lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;My letter to Prime Minister Tsvangirai&lt;br /&gt;&lt;br /&gt;The Rt. Hon. Prime Minister of the&lt;br /&gt;&lt;br /&gt;Republic of Zimbabwe&lt;br /&gt;&lt;br /&gt;Mr. M. R. Tsvangirai&lt;br /&gt;&lt;br /&gt;Munhumutapa Building&lt;br /&gt;&lt;br /&gt;Samora Machel Avenue&lt;br /&gt;&lt;br /&gt;HARARE&lt;br /&gt;&lt;br /&gt;ZIMBABWE&lt;br /&gt;&lt;br /&gt;Rt. Hon. Prime Minister, Sir, &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;RE: GOVERNOR GONO, MINISTER BITI and CENTRAL BANK REFORM   &lt;br /&gt;&lt;br /&gt;Advertisement   &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;I refer to the above.&lt;br /&gt;&lt;br /&gt;My name is Gilbert Muponda, I am a Zimbabwean born Entrepreneur currently living in exile. You may have never heard of me so I will give you some brief back ground.   &lt;br /&gt;I was the first person  arrested in the 2003-2004 so-called anti graft campaign by Gideon Gono immediately after he took over at the RBZ on allegations of fraud, money laundering and externalization similar charges to what today the Governor is alleging against Honorable Minister Biti. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;What followed my arrest was later to become the single most transformation period as the RBZ replaced the ZRP and the RBZ Governor replaced the ZRP Commissioner in directing who should be arrested and which charges must be preferred against those arrested.   &lt;br /&gt;&lt;br /&gt;This is relevant since the Governor is clearly threatening Minister Biti with arrest, court action at a time the Minister has asked for  the RBZ to be reformed.   &lt;br /&gt;The struggle between Gono and Minster Biti is not personal as Governor Gono is alleging.   &lt;br /&gt;The matter is between Governor Gono against the Zimbabwe Economy. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Under Gono's leadership the RBZ reputation, standards and standing has been ruined.   &lt;br /&gt;&lt;br /&gt;The local currency was eroded to the point that it had to be replaced by currencies from countries which Governor alleges are hostile to Zimbabwe.   &lt;br /&gt;&lt;br /&gt;Governor Gono led the closure of Banks, arrest of individuals. As it is the international community is refusing to deal directly with the RBZ for as long as Governor Gono remains there.    &lt;br /&gt;It is for these reasons which demand that Governor Gono be encouraged into retirement and gracefully allow a replacement to be named. Again his issue is not about MDC against ZANU its beyond that. Even ZANU people have experienced the vindictiveness and shallowness of his policies as this letter will later show. &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;As back ground information I describe my former business for you, hopefully this will help you understand how Governor Gono single handedly destroyed the Financial sector leading to reduced Economic activity which in turn fast tracked the economic decline. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;ENG Capital group had a market value of US$ 175 million, just before the RBZ descended on the Institution. &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Below is a brief ENG Group Structure ;&lt;br /&gt;&lt;br /&gt;ENG HOLDINGS GROUP STRUCTURE&lt;br /&gt;&lt;br /&gt;- SUBSIDIARIES&lt;br /&gt;&lt;br /&gt;- ENG CAPITAL INVESTMENTS PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG ASSET MANAGEMENT PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG REAL ESTATE&lt;br /&gt;&lt;br /&gt;- ENG NOMINEES PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG PRIVATE EQUITY (PVT) LTD&lt;br /&gt;&lt;br /&gt;- ENG CAPITAL ADVISORY SERVICES&lt;br /&gt;&lt;br /&gt;- ENG STRUCTURED FINANCE&lt;br /&gt;&lt;br /&gt;ADDITIONAL MAJOR ASSETS OWNED&lt;br /&gt;&lt;br /&gt;- Century Bank Holdings (now CFX bank)&lt;br /&gt;&lt;br /&gt;- Leasing Company of Zimbabwe, Century Asset Managers)&lt;br /&gt;&lt;br /&gt;- Century Discount House&lt;br /&gt;&lt;br /&gt;- Hybri Micro-Finance Institution&lt;br /&gt;&lt;br /&gt;- Care Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- RestCel Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- Amalgamated Health Services ? (Harare West Hospital )&lt;br /&gt;&lt;br /&gt;- 15% of OK Zimbabwe Limited&lt;br /&gt;&lt;br /&gt;- 15% of Zimplow Holdings Limited&lt;br /&gt;&lt;br /&gt;- 20% Medtech Holdings Limited&lt;br /&gt;&lt;br /&gt;- Hornet Re-Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- Pearl Pension Fund Management&lt;br /&gt;&lt;br /&gt;- 25 % Clan Holdings Limited &lt;br /&gt;&lt;br /&gt;- 25 %  Zimbabwe News Papers Group - Zimpapers Limited&lt;br /&gt;&lt;br /&gt;- Allied Conveyor Belts PVT LTD&lt;br /&gt;&lt;br /&gt;- Real Estate including (Anastasia Court, Belgravia House, Thaine Building)&lt;br /&gt;&lt;br /&gt;- Various Listed ZSE Listed shares&lt;br /&gt;&lt;br /&gt;- Treasury Bills&lt;br /&gt;&lt;br /&gt;- GMB Bills&lt;br /&gt;&lt;br /&gt;- Cargill Commercial Paper&lt;br /&gt;&lt;br /&gt;- $ 4 billion - Alliance Capital Debenture (representing 123 million First Mutual Life shares)&lt;br /&gt;&lt;br /&gt;- 23 Million First Mutual Life shares &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;ENG Group was liquidated and managed to repay its creditors. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Using the Anti-Graft mantra Governor Gono devised an unjust self enrichment scheme targeting business leaders arresting, harassing, intimidating,exiling and black mailing entrepreneurs . I would like to clarify the point about unjust enrichment using a real life example. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;ENG assets included   a parcel of 309 million Century Holdings ( Now CFX BANK)  Shares sold to Network Investments and Kwangwari Enterprises which are investment vehicles in which Gono reportedly has interests.   &lt;br /&gt;&lt;br /&gt;The 309 Century Holdings Limited Million shares in question were sold on or around May 13, 2004. Within the same week an announcement was then made that CFX Bank was taking over Century Holdings.   &lt;br /&gt;&lt;br /&gt;The shares were sold to Gono?s reported consortium for Z$2,9 billion when ENG had spent $35 billion to accumulate the shares, thereby prejudicing ENG, Creditors, Investors and contributories of at least Z$32,1 billion. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;As ENG contributory and shareholder, I wrote to the Zimbabwe Stock Exchange asking for an investigation because we had agreed with the majority of creditors that the shares should not be sold but rather swapped with creditors and investors instead of selling them at an unreasonable price. But the 309 million shares were somehow clandestinely sold and that transaction enabled CFX Bank to take over Century Holdings Limited. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;This allowed the reverse listing of CFX Bank on to the Zimbabwe Stock Exchange. Without those 309 Century Holdings Limited million shares owned by ENG the CFX/Century merger would have never happened.   &lt;br /&gt;&lt;br /&gt;Gono and his proxies became the new controlling shareholder of the new merged bank. Is this by design or accident? Gono then forced out the Mr Sean Maloney who had helped to put together the transaction. Part of the same shares snatched From ENG were later transferred to Premier Bank which is reportedly owned by Governor Gono. &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;ENG directors and contributories asked the high court to set aside the sale of the shares and the matter action is still before the courts in Harare. We asked the ZSE to investigate. They refused. We asked the brokers for the identity of the buyer of our shares.   &lt;br /&gt;&lt;br /&gt;They refused. The brokers indicated they were under serious pressure from individuals they couldn't identify to maintain total secrecy on the identity of the buyer. A few individuals directly involved in the illegal sale of the ENG shares in Century later confessed that the beneficiary of the transaction was Governor Gono.    &lt;br /&gt;This will be difficult to prove without a forensic audit of Independent Commission of Enquiry. And this will only be possible is Governor Gono  is gracefully asked to recuse himself or go on paid leave whilst this is done. As a scholar of modern corporate Governance practices I believe the Governor will find this acceptable. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The purpose of my letter is not to seek vengeance or to be vindictive. It is to give you and others other facts which people may now be forgetting since the last 6 years have been very eventful for Zimbabwe.   &lt;br /&gt;&lt;br /&gt;ENG case was not in isolation. Many people lost jobs, businesses and careers whilst Governor Gono was hiding behind anti-graft campaign. Businesses destroyed or taken over Royal Bank, Intermarket, Barbican, Intermarket, Rapid, Sagit, Africa Resources, Century Bank, Trust Bank. And this all happened within a space of less than 6 months. Jobs were lost. Business people were scandalized, arrested or haunted out of the country.   &lt;br /&gt;&lt;br /&gt;The list is rather long but it includes such luminaries as Dr Makoni, Mutumwa Mawere, James Mushore, Emmanuel Fundira, Otto Chekeche,  Godfrey Jowa, Norman Sachikonye, Victor Chando, Durajadi Simba, Jeffrey Muzwimbi, William  Nyemba, Nicholas Vingirai, Francis Zimuto , James Makamba, David Butau, Minister Chris Kuruneri, Nyevero Hlupo, Chris Goromonzi, John Moxon.   &lt;br /&gt;Mr Prime Minister all these men above a true patriots who chose to set up businesses in their own country instead of neighboring countries where they had similar opportunities and incentives. Is this normal to see a whole generation of entrepreneurs scandalized and lose all credibility and all at the same time all based on accusations raised and directed by one man? &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The names of these individuals have been ruined way beyond what the Governor is suggesting about his name or standing in society.   &lt;br /&gt;&lt;br /&gt;When will the Governor step up and offer apologies to those he has wrongly accused in the process destroying businesses and jobs. Whilst for the sake of progress we must let by gones be bygones this remains impossible if the Governor seeks to raise false and malicious charges against a Minister who is simply trying to do his job. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;A few years ago Governor Gono rushed to President Mugabe to protect him from the then Minister of Finance Herbert Murerwa. As you may recall Minister Murerwa's crime was that he simply suggested that Zimbabwe required more than removing zeros from the Zimbabwe Dollar if the Economy was to recover.   &lt;br /&gt;Governor Gono won the power struggle then and Minister Murerwa was sacked. And Governor Gono continued to print money and removing zeroes every six months. The result of such policy is clear for all to see, Zimbabwe does not have a national currency, which is limiting the country?s ability to implement a credible  economic recovery plan.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Mr Prime Minister you may recall at the instigation of Governor Gono Barbican Bank, Royal Bank and Trust Bank were expropriated under a cloud of confidence with no compensation paid to its owners.   &lt;br /&gt;&lt;br /&gt;This may now be in a process of being reversed but the damage to the nation?s reputation and impact on entrepreneurial development is long term.   &lt;br /&gt;&lt;br /&gt;Zimbabwe needs to send a strong signal to the International community that Property rights will be protected.    &lt;br /&gt;A starting point would be to reform the RBZ  as a  confidence building measure and the retirement of Governor Gono will go a long way in building confidence. &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;A few weeks ago Governor Gono admitted and confessing to raiding private foreign currency accounts belonging to various individuals and organizations. In particular he admitted to taking without permission US$ 7 million belonging to the Global Aids Fund.   &lt;br /&gt;&lt;br /&gt;Now when the Governor of such a respectable institution admits to dipping his fingers in the till the International Community will be predictably reluctant to donate, finance or assist such a Central Bank. The way to start rebuilding confidence of such an institution is to retire or re-deploy those responsible for the reputation destruction .&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;What are the implications on foreign investor sentiment when they see such hostility to local investors? These are respectable and pioneer first generation entrepreneurs who find themselves scandalized and somehow classified criminal even though there is no clear evidence against them.    &lt;br /&gt;The reform of RBZ and departure of Governor Gono is not a personal matter but rather  national matter that?s long overdue if Zimbabwe's Economic recovery is going to be realized. &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Governor Gono used the exact same tactic and its modified versions to justify looting NGO fore accounts, arrest business people and grab companies and assets whilst blaming the business people of corruption and externalization. Externalization is Gono's favorite but  exhausted suppression tool which he has used for self enrichment whilst victimizing rivals or those holding independent and divergent views. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Not too long ago Governor Gono accused former Guruve North Member of Parliament had to flee Zimbabwe after Governor Gono had mis-directed the Police to arrest the Honorable Member. Recently Butau was cleared by the courts.&lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;It is important to note Butau's troubles began when he tried to investigate Governor Gono?s conduct of the Quasi Fiscal Activities which had replaced normal parliamentary approved Government spending. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;It must be noted that David Butau was facing similar charges to what the Governor now alleges against Minister Biti.   &lt;br /&gt;&lt;br /&gt;This pattern of behavior is disturbing to say the least. Why is it that when Governor Gono is facing an investigation or probe those trying to carry out the reform, probe immediately become suspects and the Police is invited by Governor Gono?   &lt;br /&gt;Is Governor Gono hiding something? If he is not as I suggested earlier he should go on a paid leave whilst the RBZ is probed, investigated or audited. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;A different but related point Mr Prime Minister  please may you mention the contents of this letter when you meet His Excellence President Mugabe .   &lt;br /&gt;It  is important that His Excellence be made aware directly of some of these happenings as a lot of the unjust self enrichment schemes are being done in his name. It is therefore imperative that His Excellence be briefed and advised on the risk of trying to protect Governor Gono to hold on to the post of Governor.   &lt;br /&gt;Any action to protect Governor Gono at this juncture will only be interpreted to give credibility to the claims that Governor Gonos? unjust self enrichment schemes were designed for the benefit of His Excellence a point which I believe The President may not be aware of. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Mr Prime Minister this matter is not personal nor is it a vendetta against Governor Gono. It is a matter of national survival and revival. Currently Zimbabwe can not even re-introduce the Zimbabwe dollar for the fear that the Governor will again indulge himself and ruin the currency by excessive printing.   &lt;br /&gt;The Governor being the Patriot that he claims to be must surely see that its not wise or fair to hold the whole nation to ransom just because he wishes to cling on to the Governors? office.   &lt;br /&gt;&lt;br /&gt;As a confidence building measure you could even allow your GNU partners in ZANU PF to name an acceptable individual to replace the Governor. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Gilbert Muponda &lt;br /&gt;&lt;br /&gt;Cc ; HE President Mugabe&lt;br /&gt;&lt;br /&gt;       Hon TL Biti&lt;br /&gt;&lt;br /&gt;       Governor Gono  &lt;br /&gt;&lt;br /&gt;This an open letter to the Prime Minister of Zimbabwe Morgan Tsvangirai.   &lt;br /&gt;&lt;br /&gt;Dear Prime Minister,    &lt;br /&gt;Firstly, I would like to congratulate you on your highly successful tour during which you met important World Leaders. It was a proud moment for every Zimbabwean to see the Zimbabwean Prime Minister with US President Barrack Obama.    &lt;br /&gt;During the trip, it was encouraging that you made an effort to engage Zimbabweans abroad to come back home. You initiated an important conversation which must be continued.   &lt;br /&gt;This was important in that the government admits there is a role to be played by Zimbabweans abroad. The minor problem was the timing and packaging of the call for Zimbabweans to return home.   &lt;br /&gt;&lt;br /&gt;Zimbabweans who left their country did so out of necessity and a lot of their grievances have not yet been addressed. These include, but are not limited to, basic freedoms, media freedom, respect of human and private property rights.   &lt;br /&gt;In this letter, I will try to be less formal and will address you by your totem as Honorable Save (Hon Save). I will also address the President as Cde Gushungo.   &lt;br /&gt;Since I now understand you regularly meet Cde Gushungo over tea or dinner, I will not be writing a separate letter to him as it's expected you may discuss some of the points I will raise.   &lt;br /&gt;&lt;br /&gt;It is unfortunate you were not able to finish delivering your speech in London. However, it was also important that Zimbabweans were bold enough to let you know how they felt about your message. Fortunately, there were no shoes thrown at you, a la George Bush in Iraq. Such are things you can expect in a democracy!   &lt;br /&gt;Zimbabweans expected you to be on their side in terms of saying Zimbabwe remains unstable and on a challenged path. It requires international assistance, and some of that assistance includes asking the international community to continue accommodating Zimbabweans until the country is stable.   &lt;br /&gt;&lt;br /&gt;Under the United States'  Zimbabwe Democracy and Economic Recovery Act (ZDERA), I am sure you could have even asked for the Americans to grant more scholarships to Zimbabweans based in America. These Zimbabweans would in future be expected to contribute in Zimbabwe's development.   &lt;br /&gt;&lt;br /&gt;As an example, the Mexican President stands up regularly and encourages the USA to document and regularise visas and other immigration formalities for Mexicans in the USA. This is Mexico's national policy as they fully appreciate and understand the role played by their Diaspora population based in the USA. As Prime Minister, it would be good if you could stand up and encourage host governments to be accommodative to Zimbabweans abroad.    &lt;br /&gt;The choice of returning to Zimbabwe, let it be an individual choice. What matters is that someone still identifies with their motherland and still contributes in whatever way they can. There is no need or urgency for Zimbabweans abroad to all flock to Zimbabwe.   &lt;br /&gt;There are many Jewish people all over the world, in the United States in particular and all over Europe. Whilst they are encouraged to return home once in a while, there is never a push for them to abandon their current residency. The Israeli government policy is just to encourage its citizens abroad to remain committed to their motherland; to contribute; to invest and to visit as tourists.   &lt;br /&gt;Non-resident Zimbabweans must be allowed to vote. No taxation without representation! This is where your party should show leadership and difference with the opposition. Zimbabweans were expecting that you would make a major announcement that Zimbabweans can vote from wherever they are, as long as they go and register at the embassy or consulate.   &lt;br /&gt;&lt;br /&gt;Non-resident Zimbabweans must be allowed dual citizenship or nationality. This is a critical step that needs to be included in the proposed new constitution. This is a world wide trend to be accommodative to former residents and allow them to hold dual nationalities.   &lt;br /&gt;&lt;br /&gt;It is just unacceptable for someone born in Zimbabwe to be forced to try and get a visa to be allowed to visit Zimbabwe. These laws need to be amended to suite modern times and trends.   &lt;br /&gt;Non-resident Zimbabweans must be allowed to select non-resident Members of Parliament to represent Zimbabweans in all major nations. As an example, the non-resident Zimbabweans in the UK must be allowed to vote for a Zimbabwean based in the UK to represent them.   &lt;br /&gt;&lt;br /&gt;If Zimbabweans in Mabvuku or Kuwadzana are allowed to select a Member of Parliament, there is no reason or excuse for all Zimbabweans based in South Africa or UK not to be allowed to vote for one of their own to represent them in the Zimbabwe Parliament.   &lt;br /&gt;After many years of petitioning and fierce debate, the Italian government, in late 2001, finally passed a law allowing Italian citizens living abroad to vote in elections in Italy by postal ballot. Italians wishing to excise this right must first register their residence abroad with their relevant consulate.   &lt;br /&gt;The Italian Parliament is one of the few legislatures in the world to reserve seats for citizens residing abroad. There are twelve such seats in the Chamber of Deputies and six in the Senate. This is a model that Zimbabwe should closely look at and adopt or a modified version thereof. &lt;br /&gt;&lt;br /&gt;The Italian Overseas Constituency consists of four electoral zones, each of which elect at least one Deputy and one Senator: Europe (including Russia and Turkey), South North and Central America/Africa, Asia, Oceania and Antarctica.    &lt;br /&gt;The Central message should have been to thank the western governments for accepting and looking after Zimbabweans during their time of need. In addition, a call should have been specifically made to encourage western governments to grant  suitable immigration status that would allow Zimbabweans to travel between Zimbabwe and wherever they are based.   &lt;br /&gt;&lt;br /&gt;Whilst there is a shortage of skilled personnel, it is also correct that there is unemployment of close to 80%. Therefore, to call for the return of more workers before those at home are fully employed cannot be a clever policy.   &lt;br /&gt;A relevant and related fact is the return of exiled business people and entrepreneurs. As you will recall, in my May 2009 Letter to you, I mentioned some of these individuals by name. These are some of the people that should be encouraged and given incentives to return to Zimbabwe. Most of these people have skills and the ability required to create jobs which Zimbabweans desperate need. When they return and create jobs, a call such as the one you made in London will be like preaching to the converted Hon Save.   &lt;br /&gt;Currently, all civil servants are still earning US$100 per month regardless of their rank or experience. Whilst it's important to acknowledge that there may have been progress in restoring some basic social services, these remain way below acceptable standards.   &lt;br /&gt;When most Zimbabweans were growing up in Magwegwe, Emakhandeni, Kambuzuma, Warren Park and other neighbourhoods, these places had functioning social services such as fully staffed schools and clinics. Many won't mind returning to these places.   &lt;br /&gt;However, to ask someone with a young child who is attending a fully-functioning school in one of these western nations and expect them to pull out their child and send them to some school at present day Magwegwe or Sakubva may be asking for too much.   &lt;br /&gt;This is not about blaming anyone but once a human being experiences a better way of doing things, it's hard to ask them to sacrifice that and regress to the past without adequate assurances and incentives.   &lt;br /&gt;&lt;br /&gt;Lifestyles and experiences have changed for most non-resident Zimbabweans. A lot of them have built networks of friends and associates and other support systems which can not be easily be replicated back in Zimbabwe. A lot will be reluctant to come and start afresh to rebuild networks and support systems.   &lt;br /&gt;However, many could still return as tourists and investors. This is what Zimbabwe desperately requires.   &lt;br /&gt;Whilst we have seen various efforts to attract foreign investors to Zimbabwe, we have yet to see a direct and sustained effort to try and re-attract Zimbabweans as investors and tourists. Charity begins at home Hon Save.   &lt;br /&gt;There is need for a clear government programme on how these Zimbabweans will be treated when they come back home. There are a few specific areas such as waiver on import duties, tax breaks for those who set up businesses and proper guarantees on the rule of law and respect for private property. These may seem trivial issues but these are some of the basic things that most non-resident Zimbabweans take for granted and readily expect because they have been fully exposed to the workings of a normal representative government which listens to its citizens.   &lt;br /&gt;&lt;br /&gt;The communication process is correctly a two way process. From the events in London, it was apparent that there may have been some in your team who were taking non-resident Zimbabweans for granted. Hon Save, when people say they want change, they want such attitudes to change as well.   &lt;br /&gt;&lt;br /&gt;The people want to be consulted well in advance, especially when it concerns their future. Had the people been consulted, I doubt you would have called for Zimbabweans to return home. Rather, Zimbabweans expected you to encourage the host governments to make life a little easier for Zimbabweans by granting them work permits and other relevant immigration status that would allow them to work, study and continue to contribute as they have always done in the development of the country.   &lt;br /&gt;&lt;br /&gt;This is where your team should have done its homework, and asked Zimbabweans what they expect to hear from the Prime Minister. The western nations are still reluctant to release aid because they know things are not okay.   &lt;br /&gt;&lt;br /&gt;You as the Prime Minister could have simply requested that these host governments deliberately pursue policies that will allow Zimbabweans to continue self development whilst things stabilise.   &lt;br /&gt;&lt;br /&gt;An advanced model would have been the government of Zimbabwe directly requesting the USA government and other nations to give internships to a select number of Zimbabweans. These Zimbabweans would be employed within these respective governments for periods of up to 24 months, getting training on how governments are run. This would give your party capacity after the next election to find a pool of highly qualified and experienced Zimbabweans to choose from and help steer the country forward. &lt;br /&gt;&lt;br /&gt;Many Zimbabweans still feel aggrieved and haunted by past and current events. The government should consider a Truth and Reconciliation Commission to handle some of these grievances. It is only when people see such developments that they will begin to really believe the change is irreversible, and justice has come.   &lt;br /&gt;The nature and mandate of the Truth and Reconciliation Commission is not to be vindictive but rather to close a sad chapter in out Great Nation's history.   &lt;br /&gt;In addition, just calling for the return of Zimbabweans without proper signed government-to-government agreements can complicate matters. Zimbabwe can easily get direct assistance linked to the return of non-resident Zimbabweans. This assistance has to be properly negotiated and documented before any call is made to ask people to go back and stare hunger and being jobless.   &lt;br /&gt;I hope you wont find these letters annoying. They are meant as free advice.   &lt;br /&gt;&lt;br /&gt;Gilbert Muponda is a Co-Founder of 3MG Media. He can be reached on Facebook, ZimFace and email:gilbert@3mgmedia.ca&lt;br /&gt;&lt;br /&gt;Letter to Zimbabwe Minister of Finance &lt;br /&gt;Minister of Finance&lt;br /&gt;&lt;br /&gt;Ministry of Finance&lt;br /&gt;&lt;br /&gt;New Government Complex&lt;br /&gt;&lt;br /&gt;P.O. Box 7705&lt;br /&gt;&lt;br /&gt;Harare&lt;br /&gt;&lt;br /&gt;Zimbabwe, &lt;br /&gt;&lt;br /&gt;15 August 2009 &lt;br /&gt;&lt;br /&gt;Dear Hon Minister Tendai Biti &lt;br /&gt;RE ; GILBERT MUPONDA  and ENG CAPITAL (PVT) LTD RETURN OF SEIZED ASSETS &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Hon Minister Biti this is an appeal to your esteemed office for your intervention in the return of wrongfully seized personal assets and  those of ENG Capital  - a legally incorporated company under Zimbabwe's Constitution and the Company Act. &lt;br /&gt;1 - My name is Gilbert Muponda , I am a Zimbabwean born Entrepreneur currently living in exile in Toronto, Canada. I am a founder and shareholder of ENG Capital (PVT) LTD . You may have never heard of me so I will give you some brief back ground .I was the first person arrested in the 2003-2004 so-called anti graft campaign by Reserve  Bank Governor Gideon Gono immediately after he took over at the RBZ on fabricated charges and  allegations. These allegations were a smokescreen created to allow the grabbing of my assets and those owned by my Company ENG Capital (PVT) LTD. In the process of being dispossessed on my assets and ENG assets I was arrested, abused, beaten, harassed, tortured, denied food, medicine, water and sleep all in an effort to get me to confess tofalse charges whilst my assets were being stripped from me. In addition I was forced tosleep with dead bodies and share blankets with people suffering from infectious diseases as a way to weaken my resolve and coerce me to surrender my fight to protect my Company and my assets. It is only natural justice that assets seized under such conditions be returned or compensation be paid and those responsible held accountable. &lt;br /&gt;&lt;br /&gt;I was specified without being accorded an opportunity to  defend myself or  present my side of the facts. The constitution of Zimbabwe is clear that before anyone is specified that individual must be accorded a hearing wherein they can present relevant facts. This did not happen which was deliberately done to strip me of my Company and personal assets. &lt;br /&gt;&lt;br /&gt;ENG was sufficiently liquid and solvent to meet its liabilities but despite all this its cheques were being bounced and dishonored. This act alone of bouncing and dishonoring cheques of a Financial Institution creates panic and impression of a Bankrupt Institution. It must be noted First Mutual Life and National Discount House being ENG counter parties in fact sued Zimbank for irregularly dishonoring ENG cheques at a time the ENG account was fully funded and had sufficient funds to meet its liabilities. This clearly confirms a well calculated campaign to close down ENG and grab its assets. &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;2 - The purpose of my letter is to seek your assistance in recovery of ENG assets which were unjustly Taken over by certain individuals. Specifically I am seeking your attention on the possible return of Century Bank /CFX Bank to ENG Capital and its Shareholders and Contributories. This is an ownership dispute which may have far repercussions as Zimbabwe tries to repair its image as an Investor friendly destination. Since the formation of the GNU it has given hope that a sense of Justice can  be done or seen to be done on individuals who were illegally and irregularly disposed of their assets. &lt;br /&gt;&lt;br /&gt;I would like Century Bank/CFX Bank returned to me or to be fairly compensated for the controlling stake that was snatched from ENG. By  way of copy of this letter I also seek toengage CFX BANK shareholders and Management on how my claim can be amicably be resolved. &lt;br /&gt;&lt;br /&gt;3 - I am writing to you as Minister responsible for both the Reserve Bank ,Zimbabwe Stock Exchange and the Financial sector regulation. The Financial sector is on recovery path and the particular Institution is also on recovery path and as such its important that the dispute be resolved amicably.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;4 - The Government of Zimbabwe (GoZ) through its central bank, The Reserve Bank of Zimbabwe (RBZ), by way of instruction from its governor, Dr Gideon Gono, seized and forfeited my personal assets and those of my company ENG, without due process. &lt;br /&gt;5 - I am seeking the return of my Primary residence and home at number 17 Chishawasha road, Chishawasha Hills, Umwinsdale. Harare. This was my personal Property, only home and Primary residence which was seized and sold without due process and was against all natural justice as it left me homeless.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;6 - The seizure occurred when government took away my personal property and sold it, while the forfeiture occurred when legal title to my property was permanently transferred tothe state.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;7 - Dr Gideon Gono, the RBZ, the GoZ (through the AG's office), police, and prosecutors, possess the power to seize any assets on the slightest pretext, whilst abusing the existing seizure law.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;8 - Honorable Minister, justice requires that the Ministry of Finance lift the corporate veil of CFX Holding and Century Bank and peer under the skirts of those companies to determine the extent of the ENG asset theft that occurred. And follow the track of various changes of ownership of that Bank over the last  5 years. &lt;br /&gt;9 - ENG, a company incorporated under Zimbabwean law, is a juristic person, a bearer of rights and duties that is not a natural person, but which is given legal personality by the law. An incorporated company is recognized by law as a separate legal entity, distinct from the separate personalities of the members of the body. The law should treat ENG like any other independent person having rights and liabilities. A company, as a legal person, may enter into contracts, own property, ENG owned a material amount of valuable assets despite the media campaign which tried to portray ENG as a pyramid scheme which only owned vehicles.ENG owned Century BANK which was subsequently renamed CFX Bank. &lt;br /&gt;&lt;br /&gt;ENG was sufficiently liquid and solvent to meet its liabilities but despite all this its cheques were being bounced and dishonored. This act alone of bouncing and dishonoring cheques of a Financial Institution creates panic and impression of a Bankrupt Institution. It must be noted First Mutual Life and National Discount House being ENG counter parties in fact sued Zimbank for irregularly dishonoring ENG cheques at a time the ENG account was fully funded and had sufficient funds to meet its liabilities. This clearly confirms a well calculated campaign to close down ENG and grab its assets. &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;10 - ENG Capital group had a market value of US$ 175 million, just before the RBZ descended on the Institution. &lt;br /&gt;Below is a brief ENG Group Structure ;&lt;br /&gt;&lt;br /&gt;ENG HOLDINGS GROUP STRUCTURE&lt;br /&gt;&lt;br /&gt;- SUBSIDIARIES&lt;br /&gt;&lt;br /&gt;- ENG CAPITAL INVESTMENTS PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG ASSET MANAGEMENT PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG REAL ESTATE&lt;br /&gt;&lt;br /&gt;- ENG NOMINEES PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG PRIVATE EQUITY (PVT) LTD&lt;br /&gt;&lt;br /&gt;- ENG CAPITAL ADVISORY SERVICES&lt;br /&gt;&lt;br /&gt;- ENG STRUCTURED FINANCE&lt;br /&gt;&lt;br /&gt;ADDITIONAL MAJOR ASSETS OWNED&lt;br /&gt;&lt;br /&gt;- Century Bank Holdings (now CFX bank)&lt;br /&gt;&lt;br /&gt;- Leasing Company of Zimbabwe, Century Asset Managers)&lt;br /&gt;&lt;br /&gt;- Century Discount House&lt;br /&gt;&lt;br /&gt;- Hybri Micro-Finance Institution&lt;br /&gt;&lt;br /&gt;- Care Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- RestCel Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- Amalgamated Health Services ? (Harare West Hospital )&lt;br /&gt;&lt;br /&gt;- 15% of OK Zimbabwe Limited&lt;br /&gt;&lt;br /&gt;- 15% of Zimplow Holdings Limited&lt;br /&gt;&lt;br /&gt;- 20% Medtech Holdings Limited&lt;br /&gt;&lt;br /&gt;- Hornet Re-Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- Pearl Pension Fund Management&lt;br /&gt;&lt;br /&gt;- 25 % Clan Holdings Limited &lt;br /&gt;&lt;br /&gt;- 25 % Zimbabwe News Papers Group - Zimpapers Limited&lt;br /&gt;&lt;br /&gt;- Allied Conveyor Belts PVT LTD&lt;br /&gt;&lt;br /&gt;- River Drilling PVT LTD&lt;br /&gt;&lt;br /&gt;- Real Estate including (Anastasia Court, Belgravia House, Thaine Building)&lt;br /&gt;&lt;br /&gt;- Various Listed ZSE Listed shares&lt;br /&gt;&lt;br /&gt;- Treasury Bills&lt;br /&gt;&lt;br /&gt;- GMB Bills&lt;br /&gt;&lt;br /&gt;- Cargill Commercial Paper&lt;br /&gt;&lt;br /&gt;- $ 4 billion - Alliance Capital Debenture (representing 123 million First Mutual Life shares)&lt;br /&gt;&lt;br /&gt;- 23 Million First Mutual Life shares &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;11- This mêlée was nothing more than a ploy to infringe upon my citizenship rights and strip me of my assets; a well orchestrated political game to deny perceived enemies of the governor financial freedom.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;12 - My battle against civil asset forfeiture is one for the preservation of freedom and property. This is an important area as Zimbabwe seeks to portray an image of a  stable state with the rule of law and private property rights are protected and preserved.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;13 - All facts indicate to a grand miscarriage of Justice.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;14 - A miscarriage of justice occurred as ENG and its directors now bear the burden of proving their innocence. The preponderance of evidence, which means that the RBZ only must make a better case - however slight, than the property owner - ENG. This HonorableMinister is not how we expect justice to carried out in country a country seeking  to re-establish itself as an attractive investment destination.   &lt;br /&gt;&lt;br /&gt;15 - As a detailed background in April 2003 ENG Capital Investments acquired Century Discount Holdings from Century Financial Holdings ( A ZSE listed Financial Holdings Firm).The purchase price was Z$1.5 billion then equivalent to US$ 3 million. The purchase price was paid in  full. ENG then applied to the Registrar of Banks and Financial Institutions for the change of controlling shareholder approval which approvals were denied. &lt;br /&gt;&lt;br /&gt;16 - After several attempts to get the underlying reasons for the denial I was informed that " the Authorities" were not comfortable with ENG political inclination which they said remained "unclear" in addition issue of the ENG Directors age was raised. We then tried tofind out if  Century Financial Holdings was in a position to refund ENG for the purchase price and to reverse the Century Discount House purchase. Century Holdings was not in a position to refund ENG. &lt;br /&gt;&lt;br /&gt;17 - The only recourse was that ENG had to acquire Century Financial Holdings to mitigate any potential loss of outlay on the Century Discount house acquisition. As such ENG and its associated Companies acquired a total of 52% of Century Financial Holdings making Century and ENG subsidiary. &lt;br /&gt;&lt;br /&gt;18 - After my arrest on fabricated charges ENG was placed into Provisional Liquidation as a way to secure the creditors. The creditors agreed to take shares held by ENG IN lieu of payment. As such the contributories, directors and lawyers and creditors agreed the shares should not be sold whilst a fair valuation was being negotiated. However  we were shocked to read in the papers that a parcel of 309,000,000 Century shares belonging toENG had been sold through a pre-fixed special bargain transaction on or about 12 May 2004. The beneficiary to this transaction have remained a mystery even though we have reliable information as to the probable ultimate beneficiaries. &lt;br /&gt;19 - Within a week of this sell of shares it was announced that Century Bank will now be merged with CFX Bank and the new Bank will be called CFX Bank. It is clear the merger was a laundering transaction meant to hide and sanitize the illegal and irregular transfer of the shares owned by ENG.The name Century was immediately removed and the new entity  rebranded CFX Bank despite the fact that Century Bank provided a majority of the assets and infrastructure of the new Bank. &lt;br /&gt;&lt;br /&gt;20 - The so-called merger was only arranged to hide the true nature of the illegality of the transfer of ENG shares in Century. It is clear that without the illegal and irregular share transfer the merger would not have happened and would not have made any sense ,it was therefore just done to cover the tracks of the asset grab that had taken place &lt;br /&gt;&lt;br /&gt;21 - Through our Lawyers Ziweni and Company we sought the identity of the buyer and also to clarify that the share sell was null and void as it had all whole marks of corruption, insider dealing and was being challenged by the beneficial owners of the shares. In addition the shares had been sold through a special bargain and not an open market transparent transaction. The shares were sold for an unrealistic amount of Z$ 3 billion when ENG had acquired the same shares for at least Z$35 billion. This resulted in the prejudice of Z$ 32 billion to ENG Creditors and Contributories/Shareholders. As such ENG contributories were not fairly and justly paid for the value of the shares held by ENG. Its  this discrepancy that I want resolved and close the matter so that the Institution and My self can each focus on  our future without any litigation or dispute lingering on. &lt;br /&gt;&lt;br /&gt;22 - We also asked the Zimbabwe Stock Exchange to investigate and stop the share transfer. However due to the general prevailing atmosphere and fear to challenge "authorities " no one was willing to assist us to stop or challenge this illegal and irregular transfer of the shares to an " unidentified" buyer believed to be a group of senior political figures. In this instance the Zimbabwe Stock Exchange did not act properly and prudently in defending and safeguarding shareholder interests. Given that we had raised a legitimate concern the share transfer should not have been permitted. &lt;br /&gt;23 - As a way forward I propose that Century Bank /CFX Bank and other ENG Assets be returned to ENG Shareholders/ Contributories or a fair compensation be worked out and paid out to the ENG Shareholders and Contributories to settle the dispute. I further request your assistance on the return the return of my Primary residence 17 Chishawasha Road,Chishawasha Hills,Umwinsdale. Harare. This illegal seizure left me destitute and homeless. &lt;br /&gt;&lt;br /&gt;For the sake of transparency I am copying this letter to the following ; &lt;br /&gt;&lt;br /&gt;Reserve Bank of Zimbabwe Governor - Dr Gono&lt;br /&gt;&lt;br /&gt;Minister of Justice -   Hon Patrick Chinamasa&lt;br /&gt;&lt;br /&gt;Zimbabwe Stock Exchange CEO - Mr  Emmanuel Munyukwi&lt;br /&gt;&lt;br /&gt;CFX BANK Board of Directors &lt;br /&gt;As indicated above I hope we can quickly come to conclusion on the matter as a pro-longed dispute may not be in anyone's interest. &lt;br /&gt;&lt;br /&gt;Yours Faithfully, &lt;br /&gt;&lt;br /&gt;Gilbert Muponda &lt;br /&gt;&lt;br /&gt;1-416-841-5542&lt;br /&gt;&lt;br /&gt;1-647-994-5542 &lt;br /&gt;&lt;br /&gt;Email - gilbert@gilbertmuponda.com&lt;br /&gt;&lt;br /&gt;Skype ID - gilbert.muponda&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;Lawyer letter to Biti&lt;br /&gt;&lt;br /&gt;OUR REF: OCG/pmd/2  &lt;br /&gt; &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Tuesday October 27, 2009&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The Minister of Finance&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;New Government Complex&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;HARARE&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Attention: Hon. T. Biti&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Dear Sir&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Re:   OUR CLIENT ENG CAPITAL (PVT) LTD: INTEREST IN CFX     FINANCIAL SERVICES LIMITED&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;We refer to the writer's telephone conversation with yourself on Tuesday, October 27, 2009 and confirm that we represent Mr. Gilbert Muponda, the managing director of ENG Capital (Pvt) Ltd. We also make reference to our letter dated October 19, 2009 addressed to the Company Secretary at CFX Financial Services Limited a copy of which was forwarded toyour office; marked for your attention.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;For your convenience and perhaps to refresh your memory, we forward herewith a copy of our client's letter to you dated August 10, 2009 which letter gives a detailed explanation of our client's business history with particular reference to its proprietary interest in the shareholding of CFX Financial Services Limited.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Mr. Gilbert Muponda remains in exile in Canada and the specification order against him is yet to be uplifted. Since he is a specified person, he will find it very difficult to successfully institute legal action to stop the proposed extraordinary general meeting of CFX Financial Services Limited scheduled to take place in Harare on November 12, 2009. The provisions of Section 10 of the Prevention of Corruption Act (Chapter 9:16) militate against any successful litigation by Mr. Gilbert Muponda. Put simply, our client's main request to your esteemed office is to assist in the possible return of Century Bank/CFX Bank to ENG Capital (Pvt) Ltd and its shareholders and contributories. In deed, a gross injustice would occur if our client's proprietary interest in CFX Financial Services is not acknowledged and duly acted upon by all stakeholders.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;We take this opportunity to thank you in anticipation of your co-operation and assistance in conclusively resolving this matter.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Yours faithfully&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;SENATOR O.C. GUTU&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;GUTU &amp; CHIKOWERO &lt;br /&gt;cc     client  &lt;br /&gt;ENG STORY MUST BE TOLD &lt;br /&gt;&lt;br /&gt;1 Year, 9 Months ago &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;I read with concern some attacks that have been levelled on Gilbert Muponda and ENG by some sections of the Zimbabwean community. It is disappointing to note that people with very little or no knowledge of ENG have taken it upon themselves to pretend they know it all about Gilbert and ENG.&lt;br /&gt;&lt;br /&gt;I know Gilbert from humble beginnings to the time he rose to fame and can attest that he is shrewd and entrepreneurial, intelligent and talented and above all humble person. It is unfortunate that his business empire had to be expropriated by Gideon Gono under the guise of financial reform when in actual fact nothing was reformed and everything has collapsed around him.&lt;br /&gt;&lt;br /&gt;ENG was liquidated no creditors losing money except the shareholders who could not realise the true value of their investments as the assets of ENG were grossly undervalued so as to allow Gono and cronies to take over the lucrative investments made by ENG.&lt;br /&gt;&lt;br /&gt;For starters, people must realise that ENG was a solid company. It had valuable assets, failure to meet liquidity may have been due to poor risk management on the part of the management team which Gilbert had oversight, but that could have been rectified by authorities insisting on the appointment of people with risk management knowledge rather than winding the company at the expense of its shareholders.&lt;br /&gt;&lt;br /&gt;Creditors who had a claim were all paid off and the question to ask why did Gono insist on liquidating a company that was solvent. The answer is simple because it provided Gono with an opportunity to expropriate ENG in the same way Mutumwa Mawere was quickly specified and had his assets taken away from him.&lt;br /&gt;&lt;br /&gt;ENG had a lot of underlying assets which when exercised were more valuable than the liabilities ENG faced. At the time of its liquidation, ENG had Z$185 billion in assets and Z$85 billion in liabilities. From an analytical point of view the company did not deserve to wind up, it may have been technically insolvent but that does not mean it was not viable. &lt;br /&gt;&lt;br /&gt;Sadly on liquidation, ENG was grossly undervalued to facilitate the taking over of ENG by Gono and his associates. ENG owned shares in listed companies and as such there was no reason for undervaluing such assets as they had a ready market. It does not make sense that ENG's shares were later to be used by Renaissance to acquire the control of First Mutual Life. Renaissance's control of First Mutual Life using shares expropriated from ENG goes on to show that ENG was a viable company and did not warrant going under.&lt;br /&gt;&lt;br /&gt;It is sad that Zimbabweans never got to be told the truth and when Gilbert presents his side of events it appears every one once to persecute him for telling his side of the story.&lt;br /&gt;&lt;br /&gt;What I advise people is to seek ideas from Gilbert, how did he manage to make it at a tender age without reliance on government and quasi-government institutions for funding like what most indigenous institutions did. A lot of indigenous banks had to rely on government controlled institutions for shareholding and support, which Gilbert and ENG did not do.&lt;br /&gt;&lt;br /&gt;My advise to those who look down upon Gilbert and his achievements, I say this is not the end of the world, Gilbert will bounce back again in future and you will all see that it is not a fluke that he managed to run one of the most successful financial institution in Zimbabwe not matched anywhere. But because of jealous, his ideas were not allowed to flourish.&lt;br /&gt;&lt;br /&gt;In some of my famous phrases, I say 1) You cannot bring a good person down and 2) There is no book that ends with one chapter. Gilbert has age on his side and will once again show Zimbabweans and the world that it was no fluke, and this time around he will be a big force for good. Time will tell.&lt;br /&gt;&lt;br /&gt;Looking at ENG's investments given below, it is clear that the Company had assets that were liquidity and not what people were made to believe that the company was insolvent.&lt;br /&gt;&lt;br /&gt;ENG HOLDINGS GROUP STRUCTURE&lt;br /&gt;&lt;br /&gt;- SUBSIDIARIES&lt;br /&gt;&lt;br /&gt;- ENG CAPITAL INVESTMENTS PVT LTD, ENG ASSET MANAGEMENT PVT LTD, ENG REAL ESTATE, ENG NOMINEES PVT LTD, ENG PRIVATE EQUITY (PVT) LTD, ENG CAPITAL ADVISORY SERVICES, ENG STRUCTURED FINANCE &lt;br /&gt;&lt;br /&gt;ADDITIONAL MAJOR ASSETS OWNED&lt;br /&gt;&lt;br /&gt;- Century Bank Holdings (now CFX bank)&lt;br /&gt;&lt;br /&gt;- Leasing Company of Zimbabwe, Century Asset Managers)&lt;br /&gt;&lt;br /&gt;- Century Discount House&lt;br /&gt;&lt;br /&gt;- Hybri Micro-Finance Institution&lt;br /&gt;&lt;br /&gt;- Care Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- RestCel Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- Amalgamated Health Services ? (Harare West Hospital)&lt;br /&gt;&lt;br /&gt;- 15% of OK Zimbabwe Limited&lt;br /&gt;&lt;br /&gt;- 15% of Zimplow Holdings Limited&lt;br /&gt;&lt;br /&gt;- 20% Medtech Holdings Limited&lt;br /&gt;&lt;br /&gt;- Hornet Re-Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- Pearl Pension Fund Management&lt;br /&gt;&lt;br /&gt;- 25 % Clan Holdings Limited&lt;br /&gt;&lt;br /&gt;- 15 % Zimpapers&lt;br /&gt;&lt;br /&gt;- Allied Conveyor Belts PVT LTD&lt;br /&gt;&lt;br /&gt;- Real Estate including (Anastasia Court, Belgravia House, Thaine Building)&lt;br /&gt;&lt;br /&gt;- Various Listed ZSE Listed shares&lt;br /&gt;&lt;br /&gt;- Treasury Bills&lt;br /&gt;&lt;br /&gt;- GMB Bills&lt;br /&gt;&lt;br /&gt;- Cargill Commercial Paper&lt;br /&gt;&lt;br /&gt;- Z$ 4 billion - Alliance Capital Debenture (representing 123 million First Mutual Life shares)&lt;br /&gt;&lt;br /&gt;- 23 Million First Mutual Life shares&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;It can be seen from the list below that Gilbert and ENG had influence in the running of some of the quoted companies which in itself brings an aspect of power which in most cases infuriates authorities and especially politicians whose only belief is that you can only prosper when you go through them, which was not the case with ENG. ENG's power was in tapping intelligent guys from National University of Science and Technology (NUST) who had had been grilled during their years of study at the University including industrial exposure gained in their thirds years in the financial sector. Most of the guys employed had undergone a B.Com programme in Finance Honours which had most of the tools that Gilbert had to use to gain some leverage in the financial sector. Gilbert assembled a team that had the financial sector as the main focus. The guys were raw and intelligent and not contaminated by old ways of doing business, something that was used to target the youngest financial institution ever.&lt;br /&gt;&lt;br /&gt;For the benefit of those with little knowledge about the NUST, this institution equips students with theoretical and practical experiences which make the students attractive in the job market. The Faculty of Commerce that led to the rise of ENG. Most of the guys had done B.Com Finance where they were grilled in arrears of financial analysis for analysing financial information, money market for short term investments and capital markets for raising long term finance and advisory work, Furthermore the students are equipped with risk management knowledge and other innovative financial products like derivatives which are tools used in the financial market.&lt;br /&gt;&lt;br /&gt;With the above theoretical knowledge most of the guys are then exposed to a year of industrial attachment where they see some of the concepts learnt at university in practice. The industrial attachment exposures ensures that NUST graduates will have a year's experience on completion which places them in a better position than those graduates who finish all their university life at campus without industrial exposure.&lt;br /&gt;&lt;br /&gt;ENG benefitted a lot from NUST graduates who were ready to try innovative ways of doing business and use concept not tried by all before them. It is one aspect of the ENG story that is never understood by the general public that ENG was not just an ordinary institution; it was built on firm foundation which was undermined by Gono using his new powers derived from his new masters in ZANU PF. Instead of learning from ENG, GONO decided to grand stand with terrible consequences of which no expert is needed for all of you to decipher.&lt;br /&gt;&lt;br /&gt;Furthermore, Gilbert was not an ordinary person at NUST. He was the Senate Representative for Finance Students and throughout his university student life he was the class representative. This goes on to show that Gilbert is a natural leader as he assumed important leadership roles at a young age. It is not by chance (outlier) that he went on to lead at NMB and TNFS (Finance boutique).&lt;br /&gt;&lt;br /&gt;What people must bear in mind is that there is no rule of law in Zimbabwe especially for ordinary people like Gilbert who did not have political links except for his expertise and genius. A closer look at the companies that Gilbert highlighted as his investments you can see that he did not rely on government or quasi government institutions for funding.&lt;br /&gt;&lt;br /&gt;Most of the investments of ENG were in quoted companies, which confirms the fact that ENG's strategy was to invest in liquid assets in the sense that some of the assets had a market and could be easily liquidated, hence the ease with which Gono had to force for the liquidation of ENG through special purpose vehicle he had was a beneficiary.&lt;br /&gt;&lt;br /&gt;For your own information, Gilbert is talented individual having at a tender age worked on high profile corporate finance transactions including the listing of Econet Wireless Holdings, the largest mobile phone operator in Zimbabwe in 1998. Whatever low opinions people have about Gilbert, it is from an uninformed position, for people who know Gilbert they have great respect for this genius and young entrepreneur.&lt;br /&gt;&lt;br /&gt;What is wrong about Zimbabweans today is selfishness and aloofness and ignorance. Gilbert worked believed in building an empire that spread across a wide spectrum which may have led to his downfall. Gilbert's business concept was envy to many including the old school who believes in tapping resources from government or quasi government institutions. ENG had to rely on raw talent to push forward its business concept which found no support from people in government.&lt;br /&gt;&lt;br /&gt;If ENG was in the developed world/economies, the company would have received massive support for it was a first that a successful organisation can be built by guys straight from school.&lt;br /&gt;&lt;br /&gt;I encourage the young to learn from the ENG story and ensure that in future we will have more of the likes of Gilbert and not youngsters who parrot ZANU PF slogans and policies that have brought Zimbabwe to its knees.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Zimbabwe 2009 - Gono and the Zanufication of the state &lt;br /&gt;&lt;br /&gt;Posted on April 24th 2009 &lt;br /&gt;On 20 April 2009, Dr. Gono in defence of the controversial quasi-fiscal operations published a 20-page supplement in the Herald whose contents raises more questions than answers. &lt;br /&gt;Zimbabweans now know that the RBZ was an owner of vehicles that it did not need for its own operations. &lt;br /&gt;Although it is common cause that during Gono's first term, the constitution of Zimbabwe was not suspended to allow the distinction between the state and the RBZ to evaporate, it is significant that only a few wise men were privy to the allocation of state resources and to the apparent hiding of state assets on the books of the RBZ. &lt;br /&gt;&lt;br /&gt;When accusations were made that Gono had effectively transformed the RBZ into a super state, no one had an idea including the last parliament of the extent of the operations that are not only offensive but had the effect of undermining the democratic constitutional order. &lt;br /&gt;&lt;br /&gt;It is instructive that in framing the GPA, ZANU-PF was careful to ensure that a universal acceptance of the fact that Zimbabwe was under a sanctions regime should be the starting point. Once this fact was accepted by all the parties, it became necessary to locate the quasi-fiscal operations in context. The only context Gono wanted and got is that the RBZ was forced by the sanctions regime to undertake activities that ordinarily would not be permissible under a democratic constitutional order. &lt;br /&gt;&lt;br /&gt;Gono's defence as expected is that he was a victim and had to do what he did in the defence of the motherland including breaking the very laws that he selectively sought to apply and enforce. &lt;br /&gt;&lt;br /&gt;It has now been disclosed after the event that funds totalling US$1.2 billion were disbursed but not yet refunded during the  period of madness. It was not clear from Gono's statements what the terms and conditions under which such funds were disbursed.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;At the very least the nation must be informed as to how the peoples' funds were allocated and who precisely was involved in making the decisions to allow the funds belonging to the people to be allocated with no transparency. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The mere fact that Gono chose to inform the nation through a paid newspaper supplement must worry anyone who believes in democracy.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;One would have expected a regularisation of the illegal and unconstitutional extra-budgetary allocation to be the first order of business of the inclusive government. This would have then allowed the Minister of Finance to inform the public appropriately. &lt;br /&gt;The foreign currency allocated to state-owned and controlled institutions under opaque conditions totalled US$2.1 billion. It is not clear how the funds were allocated and more importantly what the terms and conditions were&lt;br /&gt;&lt;br /&gt;. &lt;br /&gt;&lt;br /&gt;Parastatals are juristic persons and their control is vested in their boards. Any borrowings by parastatals have to be processed and channelled through official channels. What is evident is that decisions during the dark period were made by one individual i.e. Gono on who got what and when. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;In his defence, he will and has argued that he was issued with instructions to make the funds available. However, public funds  do not belong to Gono or the RBZ and, therefore, should have been allocated as prescribed in law. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Although Gono has persecuted many for alleged externalisation, it is now evident that he was the chief culprit. &lt;br /&gt;It appears that his actions were indemnified by some power that is still to be exposed in the interests of the nation getting to grips with the absurdity of the manner in which the state became a football for the powerful and well-connected. &lt;br /&gt;We also now know that a few private sector companies benefited from direct foreign currency allocations in the amount of US$13.7 million. &lt;br /&gt;&lt;br /&gt;The controversial vehicles mischievously allocated to legislators are part of the assets that were allegedly procured by the RBZ on behalf of the government notwithstanding the fact that there is no paper trail to confirm the contractual relationship between the government and the RBZ in respect of such assets.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;It is significant to note that the RBZ is not the government and, therefore, one would need to have an agency agreement between the two parties setting out the terms and conditions under which the RBZ would represent the government.&lt;br /&gt;&lt;br /&gt;Agricultural equipment, a minimum of 1,400 vehicles including cars allocated to the President and cabinet members, computers and office equipment were procured by the RBZ under opaque conditions. Gono did not even bother to inform the nation on the value of the assets so purchased. &lt;br /&gt;&lt;br /&gt;It would not be surprising to establish that the value may have been inflated and more importantly the identity of the contracting parties of the RBZ. Who was on the value chain? The nation needs to know the identity of the few who got so much without going through a public tender process. &lt;br /&gt;&lt;br /&gt;Unless one has something to hide, there is no reason that Gono would find it fit to withhold such vital information especially when it is common cause that public resources must be allocated in a transparent and open manner.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;At this juncture it is only fair that I share my own personal experience during the dark years. On 6 September 2004, SMM Holdings Private Limited (SMM), a company that is ultimately beneficially owned by me was placed under state control on allegations that it was state indebted. &lt;br /&gt;&lt;br /&gt;What is significant is that in the decree that was promulgated by President Mugabe using state of emergency powers there  was no definition of what the state means other than an attempt to make the state retrospectively defined as the RBZ, ZIMRA, ZESA and all state owned institutions. &lt;br /&gt;&lt;br /&gt;Using this broad definition, it was then possible for the state to unilaterally assume the rights of separate and distinct institutions hence the law was subsequently enacted under the name: "The Reconstruction of State Indebted Insolvent Companies Act 2004" notwithstanding the fact that the state is not a contracting party. If the state is not a contracting party, how can one be indebted to it? &lt;br /&gt;&lt;br /&gt;It would not be surprising if the funds that RBZ allegedly disbursed to nameless and faceless institutions includes funds advanced to SMM after the takeover of the company. &lt;br /&gt;In the interests of advancing the interests of the inclusive government, it is now evident that the nation may never know how its funds were allocated and disbursed unless citizens demand to know. &lt;br /&gt;&lt;br /&gt;The right to know in any democratic constitutional order is vested in the people in whose interests the state is organised to serve. It cannot be acceptable that Gono can be allowed to pontificate with impunity. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;At the very minimum, one would expect the RBZ to fully account for its operations especially if such actions were undertaken in the name of the state. What is ironic is that the focus is now on who should allocated vehicles to legislatures and not on making the RBZ accountable for its actions. &lt;br /&gt;&lt;br /&gt;Gono plays Pope and Cop &lt;br /&gt;Posted on May 07th 2007 &lt;br /&gt;WHAT a difference a week makes!&lt;br /&gt;&lt;br /&gt;My week started on Sunday, April 29 when I read an article published by the Sunday Mail with the title: "Gono pushes for amnesty" and during the week, another article was published by the Herald on 4 May 2007 entitled: "Forex remittance defaulters warned."&lt;br /&gt;&lt;br /&gt;How can the RBZ be pushing for amnesty while at the same time threatening others of punishment for the same offences? It is important that we unpack the amnesty call and attempt to focus on the role of the RBZ in creating confusion and undermining the rule of law in Zimbabwe. &lt;br /&gt;&lt;br /&gt;It is evident that the RBZ has now become a critical player in furthering the exploits of the political actors who see no evil in their policies and, therefore, wish to remain in power indefinitely. Why call for amnesty when the criminalisation of the intended beneficiaries of such amnesty was meant to ameliorate the problems of the country? Does it mean that Gono's policies were misguided? Who should be culpable for the senseless policies? &lt;br /&gt;The Sunday Mail reported that Gono was pushing for an amnesty for some economic fugitives who fled the country in the past few years arguing that this would see the country dedicating its resources to worthwhile economic endeavors. He was reported to have said that the amnesty would earn the Government a lot of goodwill and encourage the "economic fugitives" to deal with their own conscience. &lt;br /&gt;&lt;br /&gt;With respect to the justification for the change of policy, he had this to say: "In South Africa, they had amnesty that related to externalisation of foreign exchange which brought in significant sums back into the country. This related to exchange control violations but did not relate to criminal activities. It's along the same lines that have motivated me to call on us to formally examine that approach because of the knowledge that many Zimbabweans are living in fear because they have skeletons in their cupboards and are just waiting for the law to catch up with them. The call must not be read as a sign of weakness on the part of the central bank but is one in the same spirit of healing, in the spirit of the Social Contract and it's in the spirit of trying to rebuild our country. &lt;br /&gt;He made the allegations that there are companies and individuals that are under-invoicing exports and over-invoicing imports and violating Exchange Control Regulations. On this issue, he made special mention of the tourism industry as follows:&lt;br /&gt;&lt;br /&gt;"In the area of tourism as well as hunting, we are aware of organisations which for one reason or another have kept this country's proceeds outside and the proposed amnesty is meant to encourage them to deal with their conscience, clean their decks and exorcise the demons that are in their bottom drawers in a manner that will benefit the country. &lt;br /&gt;&lt;br /&gt;"The proposal of an amnesty of that kind would obviously need to be predicated on a time frame and conditionalities including the fact that those who had actually been tried and found guilty, but are running away from justice would obviously not be covered by such amnesty." &lt;br /&gt;&lt;br /&gt;He then proposed a reconciliation framework involving a number of stakeholders as social partners as a way forward in resolving the Zimbabwean crisis. He said as follows:&lt;br /&gt;&lt;br /&gt;"This is also in the spirit of healing and forging a genuine smart partnership which has win-win features and an advancement of the principle of reconciliation as was founded by none other than His Excellency, President Mugabe.&lt;br /&gt;&lt;br /&gt;"Such an approach would allow the country to dedicate current scarce resources to present and future transgressions than to be wasting those resources on past and often elusive misdemeanors and playing the cat and mouse game.&lt;br /&gt;&lt;br /&gt;"Kune vanhu vakawanda vane hama dzavo whether in business or in their private capacity vasiri kurara mudzimba for fear that one day the law will catch up with them? So such a move will earn the Government tremendous goodwill from a wide spectrum of economic players. In the spirit of the ongoing negotiations for a Social Contract, the idea of an amnesty should be seriously considered." &lt;br /&gt;Gono's sentiments were given legitimacy by Zimbabwe's CEO, President Mugabe, when he said: "We are all witness to the futility of trying to turn around our economy in an environment of pointless conflict."&lt;br /&gt;&lt;br /&gt;It is evident that President Mugabe genuinely believes that the Zimbabwean crisis is externally driven and there is nothing he would have done differently over the past 27 years to make Zimbabwe a winning country. He is of the view that were it not for the machinations of imperialists and their agents with the support of unpatriotic businessmen, Zimbabwe would be a functional democracy. &lt;br /&gt;There is very little that can be done to change President Mugabe's world view. This view is not only held by President Mugabe but is evidently held by Gono as well. When he was appointed as Governor of the RBZ, he was quick to target what he termed as "unscrupulous businessmen" as the root cause of the crisis. He then proceeded to cause the amendment of the exchange control regulations and transforming any alleged violations into serious economic crimes. The victims are many and identifiable.&lt;br /&gt;&lt;br /&gt;It must be acknowledged, however, that the approach of criminalising rational economic behavior did not start with Gono. The early victims were Enos Nkala, Shadreck Shava, Dzingai Mutumbuka, Maurice Nyagumbo and company who were accused of buying cars at controlled prices and then selling the same cars at market prices. &lt;br /&gt;Their alleged crimes are no different from the construction of the externalisation charges for which Gono is now proposing a policy reversal without taking any responsibility for championing such misguided policies. President Mugabe believes in controls, be it of political or economic behavior. Under his world view, the prices of commodities must be determined by the government in as much as the exchange rate. &lt;br /&gt;&lt;br /&gt;The Willowgate scandal of the late eighties where Ministers lost their jobs for recognising that a market system offers a rational basis of allocating scarce resources demonstrated the attitude of President Mugabe to a market system and its consequences. In 2007, we find that the government of Zimbabwe has not changed its outlook on the market system. Mugabe now has a Governor who shares the same outlook and zeal to blame third parties for policies that have universally failed to deliver efficiency to any known economic system. It is amazing that President Mugabe and his colleagues continue to live in the fantasy world that believes that resources can be efficiently allocated by an administrative system. &lt;br /&gt;&lt;br /&gt;Gono now wants Zimbabweans to accept a situation where selected individuals can benefit from buying foreign exchange at Z$15,000 to US$1 and then sell the same US$1 at Zim$25,000 or more. Gono has made his point that devaluation is out of the question but has introduced an Economic Stabilization Fund under which all foreign currency holders can sell to the RBZ their foreign currency at Z$15,000 to US$1. If there was any amnesty to be granted then Gono would be an ideal candidate for living in a fantasy world. Why would Gono attempt to deny an obvious devaluation? Whose interests is he protecting? Who benefits from the current distortions? Would President Mugabe, to the extent he knows that the RBZ is trading foreign currency at black market rate, want to continue to remain as President of Zimbabwe beyond 2008? &lt;br /&gt;Anyone who does not subscribe to the misguided policies of Gono and his principals has been labeled a saboteur worthy of punishment by the law enforcement officers. While Gono was preaching the reconciliation, message he was also putting in place a whistle blower scheme targeting diamond traders. &lt;br /&gt;&lt;br /&gt;Even illegal diamond traders are more intelligent than what Gono would expect the average Zimbabwean citizen to be. In Gono's world, a person with, for example, US$1 would be expected to exchange his money for Z$15,000 while pretending that the official rate is Z$250 when the market can accommodate Z$25,000. Assuming Gono is a rational person and has not lived in a make believe world like the 'State House' for the past 27 years, why would he expect exporters to exchange their export proceeds at Z$15,000 while acknowledging that the country is a victim of hyperinflation? &lt;br /&gt;&lt;br /&gt;For many who have wondered why diplomats including those representing Mugabe's worst enemies have not been critical of Gono, it may not be far fetched to speculate that these diplomats may be themselves beneficiaries of the market exchange rate from none other than Your Governor. Can you imagine a foreign diplomat who, for example, receives a salary of US$20,000 per month? He faced the prospect of converting his salary at Z$250 until last week, translating into Z$5 million, compared to Z$500 million that he stood to realise from the parallel market. I am not sure that many diplomats would not find the RBZ to be an economically useful ally in the circumstances. &lt;br /&gt;In an opaque system administered by Gono, there is no doubt that many beneficiaries of the illegal trades would prefer to keep quiet while selected targets are daily castigated for conduct that the RBZ should also be guilty of. What would be interesting is for Gono to make public the affairs of Fiscorp, the special purpose vehicle, set up to warehouse the quasi-fiscal operations before preaching about amnesty. &lt;br /&gt;&lt;br /&gt;As Zimbabwe approaches the D-Day to choose a new government, it is important that key issues are openly debated and people are informed about the conduct of their agents who are in the public sector. The impression created so far is that anyone who works in government is an angel and citizens are guilty as charged. What if the policies of the government are misguided and criminal, who should give amnesty to whom? What are the choices for citizens when the world view of its first citizen is inconsistent with the values that promote progress and development? Are the poor protected by policies that are immoral and based on deception? &lt;br /&gt;&lt;br /&gt;In criminal law, amnesty is a sovereign act of oblivion or forgetfulness (from Greek amnestia, "forgetfulness") granted by a government, especially to a group of persons who are guilty of (usually political) crimes in the past. It is often conditional upon the group's return to obedience and duty within a prescribed period. It is the action of a government by which all persons or certain groups of persons who have committed a criminal offence-usually of a political nature that threatens the sovereignty of the government (such as sedition or treason) are granted immunity from prosecution. &lt;br /&gt;Amnesty allows the government of a nation or state to "forget" criminal acts, usually before prosecution has occurred. Amnesty has traditionally been used as a political tool of compromise and reunion following a war. An act of amnesty is generally granted to a group of people who have committed crimes against the state. Gono would like Zimbabweans to believe that selling foreign currency at a market rate should be treated no differently from any treasonable offence. If the truth were to be told, how many Zimbabweans would not be guilty of the same offence to make a mockery of Gono's games? &lt;br /&gt;Before the end of the week, another article was published on May 4, 2007, in the Herald entitled: "Forex remittance defaulters warned". It was reported that the RBZ will come down hard on exporters that continue to deprive the economy of precious foreign currency through under-invoicing and non-remittance of foreign currency receipts. Without giving figures, the central bank said this week Zimbabwe was losing millions of dollars in hard cash to "fraudsters" within the export sector. &lt;br /&gt;&lt;br /&gt;RBZ said while export figures for the first quarter were on the rise - up 23 percent to US$420 million - the number of outstanding receipts was too big to ignore. The RBZ went on to state as follows: &lt;br /&gt;&lt;br /&gt;"Currently, the country is owed millions of dollars by these delinquent exporters, some of whom have literally gone into hiding. The central bank is fully aware of these delinquents, and has forwarded a comprehensive list to law enforcement agencies to track down those commodity brokers who have gone into hiding to avoid the completion of export formalities.&lt;br /&gt;&lt;br /&gt;"Reserve Bank also notes with concern that some exporters continue to under-invoice their exports resulting in the country not realising the true and fair value of its exports.&lt;br /&gt;&lt;br /&gt;"Exporters are further warned against such retrogressive behaviour and measures have been put in place to detect such malpractices." &lt;br /&gt;&lt;br /&gt;While in many countries, the market is allowed to determine the exchange rate, in Gono's world exports belong to the nation and the export is merely an agent of the state. Under this construction, the exports are effectively a nationalised commodity and while the government is not exposed to production costs it nevertheless has a say in terms of the output regardless of whether viability of such producers is an issue. &lt;br /&gt;&lt;br /&gt;What is unfortunate is that there appears to be no informed discussions on policy matters particularly in respect to what direction Zimbabwe should take to lift itself from the current quagmire. I sincerely believe that good policies induce good behaviour and progress only comes from progressive policies. &lt;br /&gt;What is tragic is the chameleon type behaviour of people like Gono who exhibit many colours and the confusion they inflict on unsuspecting citizens who deserve a better deal. On the one hand he preaches amnesty while on the other fails to acknowledge the bankruptcy of his policies and programs. He plays the Pope while at the same time plays the Cop without any respect of the objective conditions on the ground and his construct actions in undermining the rule of law in Zimbabwe as well as the violation of human and property rights. &lt;br /&gt;&lt;br /&gt;The RBZ and asset managers: implications on democracy II &lt;br /&gt;&lt;br /&gt;Posted on October 08th 2006 &lt;br /&gt;WHEN I first wrote the article RBZ and the Rule of Law: Implications on Democracy, I had no idea that it would generate so much interest and controversy. Given the emergence of the RBZ and its current Governor, Gideon Gono, as the only source of salvation for Zimbabwe, it is important that we continue to test and interrogate the hypothesis that there is a causal link between the actions of the RBZ/Gono and the undermining of the rule of law, property and human rights. &lt;br /&gt;&lt;br /&gt;In addition, there is need to test the hypothesis that democratic institutions are being undermined by the RBZ/Gono resulting in the creation of a single power centre that may be described as a "weapon of mass destruction" in the context of Zimbabwe given the consequences of a series of policies and programs implemented by the RBZ/Gono since December 2003. &lt;br /&gt;&lt;br /&gt;In as much as people may believe that my critique of the RBZ/Gono economic policies are motivated by my substantial loss of assets pursuant to the extra-judicial expropriation of all the companies deemed to be under my control in Zimbabwe, I believe that it is important to broaden the discourse beyond me and seek to objectively contextualize the political and economic challenges facing the country and the role, if any, of the RBZ/Gono in resolving or worsening the crisis. &lt;br /&gt;&lt;br /&gt;At independence in 1980, Zimbabwe made a choice to be a democratic state with a constitution that enshrined on its citizens a common set of rights. In choosing to create a common citizenship under one Republic, there was hope that no Zimbabwean would be a subject of another like under a monarchy or an object of another like under apartheid/colonialism. Equally, it is important to state that rights without remedies are sterile. &lt;br /&gt;&lt;br /&gt;After 26 years of independence and given the colonial legacy, it was the expectation of many that the values that underpinned the liberation struggle would be an integral part of the nation building project and never again would the rights of a few be used to undermine the rights of many. &lt;br /&gt;&lt;br /&gt;I have chosen to focus only on the actions of the RBZ under Gono not only because it comes at a time when the future of Zimbabwe is so bleak but because his actions do have a direct bearing on the rule of law and if not exposed may condemn the country to a state where citizens have rights with no recourse. &lt;br /&gt;&lt;br /&gt;I believe that it is only fair that we use empirical evidence to test the hypotheses referred to above. In my article of last week, I used Makamba's ordeal in support of the thesis that the use of emergency powers to undermine citizens' rights has nothing to do with fighting corruption but demonstrates the contempt with which the importance of the rule of law is regarded by many state actors including Gono. &lt;br /&gt;&lt;br /&gt;In this article, I have chosen to look at the ENG saga that provides a comprehensive case study of the role of the RBZ in undermining democracy and the rule of law. ENG and its executive directors, Messrs. Nyasha Watyoka and Gilbert Muponda, as well as the former legislator, Phillip Chiyangwa, were the first victims of Gono's reign when they were arrested in December 2003 during the first month of Gono's appointment. The fate was already decided when Gono made his maiden state of the nation address on 18 December 2003 by unilaterally announcing that asset management firms would fall under the direct supervision of the RBZ with effect from January 2004. He said that asset management firms were not adequately policed and posed a threat to the country's financial system. &lt;br /&gt;&lt;br /&gt;The RBZ without any change of the legal framework assumed the responsibility to directly monitor the registration process, supervision and regulation of all asset management companies in the country. All asset management companies were required to re-register with the RBZ notwithstanding the fact that some of them were legally registered by the Ministry of Finance. By effectively assuming control of the asset management industry, it meant that he could decide single handedly decide who was a criminal and direct the police to arrest such individuals. &lt;br /&gt;&lt;br /&gt;Before dealing with the merits of the ENG case, it is important that we put into context the regulatory framework that governs the asset management industry universally and the point of departure in the case of Zimbabwe. Asset management is often used to refer to the investment management of collective investments and is a non banking activity that is normally regulated by independent institutions established by statute to oversee the Non-Banking Financial Services Industry in the public interest. &lt;br /&gt;&lt;br /&gt;In the case of the UK, the asset management industry is regulated by the Financial Services Authority (FSA), an independent non-governmental body, given statutory powers by the Financial Services and Markets Act 2000. It is a company limited by guarantee and financed by the financial services industry. The Treasury appoints the FSA Board, which currently consists of a Chairman, a Chief Executive Officer, three Managing Directors, and 10 non-executive directors (including a lead non-executive member, the Deputy Chairman). This Board sets our overall policy, but day-to-day decisions and management of the staff are the responsibility of the Executive. The FSA is accountable to Treasury Ministers and through them to Parliament. &lt;br /&gt;&lt;br /&gt;It is operationally independent of Government and is funded entirely by the firms it regulates. The FSA is an open and transparent organisation and provides full information for firms, consumers and others about its objectives, plans, policies and rules. In South Africa's case, the asset management industry is regulated by The Financial Services Board (FSB), a unique independent institution established by statute to oversee the South African Non-Banking Financial Services Industry in the public interest. Its mission is to promote sound and efficient financial institutions and services together with mechanisms for investor protection in the markets we supervise. &lt;br /&gt;However, in the case of Zimbabwe, the control of asset management industry has been placed under the RBZ, a state actor, whose primary goal is no longer consistent with what ordinarily would be the achievement and maintenance of price stability in the Zimbabwean economy. Only in Zimbabwe is the asset management industry defined as asset quasi-banking institutions whose financial intermediary role is mainly to manage financial assets on behalf of specific customers. By defining these institutions as quasi-banking, Gono craftily found a way of removing such institutions that fall under the Collective Investment Schemes (CIS) laws that were administered with the Registrar of Banks and Financial Institutions. &lt;br /&gt;Accordingly, Parliament was circumvented by Gono through a re-definition of what is universally accepted as a non banking financial services provider into a banking platform so as to allow him to control the entire financial services industry without parliamentary oversight. While other countries see a role for an independent regulator, in Zimbabwe this is not the case. Accordingly, if you are deemed to be an enemy of the system and you wish to operate an asset management company, you now know the consequences. &lt;br /&gt;As background, it is important to locate the nationalization by Gono of the asset management industry in some context. Having assumed control of this significant financial services provider, Gono instructed the asset management firms to invest 40% of their assets in productive investments. In his Monetary Statement he presented the conclusion a self-serving "research" that the RBZ had carried out on the operations of asset management firms and that said if the companies continued without adequate regulation, they would seriously compromise the broader financial services sector. The compliant media then was put into full gear with stories portraying Gono as the "messiah" and "corruption buster" who was on a mission to crack down on institutions engaged in shady dealings and indigenous banks that were described as battling for survival as well as asset management companies were his main target. &lt;br /&gt;In a typical fashion, anonymous high-level sources were quoted by the media saying that banks and asset management firms - some of which were allegedly used as conduits for money-laundering activities and speculative investments - were struggling to cope with new regulations ushered in by Gono's recent monetary policy statement. Some of the statements from these nameless and faceless sources were saying that most of the locally-owned banks were facing a serious liquidity crisis and bank managers were reported to be holding emergency meetings, including on Christmas day, to find ways of surviving in the new environment. Gono, the master spin doctor gave the financial services industry their Christmas 2003 gift with this statement widely reported in the media: "Gono's threat that the curtain will soon come down on the era of the proliferation of weak, poorly-managed financial institutions dependent on cheap and unlimited central bank credit was real." &lt;br /&gt;This marked the beginning of the palace coup staged by Gono whose sole mission was to identify enemies of the state and use extra-judicial measures to punish them. The pioneer victim was ENG whose directors were arrested with the media having a field day regarding the underpinning criminality of these individuals. The police arrested the two directors of ENG Capital Asset Management while its subsidiary, Century Discount House, had its operating licence withdrawn by the Reserve Bank of Zimbabwe. The arrest of the directors came after it was reported that ENG had failed to pay more than $50 billion owed to investors. The financial services industry was in panic with banks reported to be selling their properties and foreign currency reserves to improve their liquidity and raise their capital levels. After the actions of Gono, the US dollar dramatically crashed from US$1:$6 000 to US$1:$4 500. &lt;br /&gt;&lt;br /&gt;Reports in the media were saying that the ENG directors were on the run as a result of problems engulfing their financial services concern. The firm was understood to be facing a liquidity crunch of between $70 billion and $80 billion. Creditors were reported to have pounced on ENG, seizing the firm's property with one leading bank grabbing vehicles and shares which the company holds at a local commercial bank. Asset management companies were generally reported to be the source of the problems in the financial services industry and indirectly to the economic meltdown. Against this background, there was need to identify and punish the culprits and ENG provided a convenient scapegoat and Chiyangwa provided the high profile victim needed to capture the imagination of the general public that Zimbabwe had a new no-nonsense boss. &lt;br /&gt;&lt;br /&gt;Chiyangwa was only cleared by a magistrate of attempting to defeat the course justice, contempt of court and perjury by the magistrate's court after the State failed to build a case against him. The State in what has now been standard practice failed to prove a prima facie case against Chiyangwa and all charges were withdrawn after plea and accordingly he was found not guilty on all the three counts. Muponda and Watyoka's arrest by police on December 31, 2003 for allegedly defrauding investors which included Century Holdings, First Mutual Asset Management among others, presented Gono with the first casualties he desperately needed in proving his credentials to his masters that he understood Zimbabwe's problems and he alone had the answers.&lt;br /&gt;&lt;br /&gt;In a dramatic development, on July 31, Nyasha Watyoka was set free at the Harare Magistrates' Courts. Harare magistrate, Mrs. Faith Mushure, finally granted Watyoka's application for refusal of further remand after an ordeal spanning over two years saying he would be called to court by way of summons if more evidence against him crops up. If any of the liberation war heroes were to come back to live and hear Watyoka, Muponda and Chiyangwa's stories they would justifiably not believe that it is the same Zimbabwe that they risked and sacrificed their lives for. It is difficult to imagine what Watyoka was thinking of when he walked out of court as free man but I am not sure whether he would have any complementary things to say about the rule of law and democracy in Zimbabwe. &lt;br /&gt;&lt;br /&gt;The ENG and Makamba's cases share one thing in common i.e. they have not captured the imagination of the opposition parties and non-state actors who appear not to have woken up to the corporate violence taking place in Zimbabwe that has left the affected individuals with no remedies for damages suffered. I believe that the ENG proprietors have lost everything only to be told after two years that the state is still trying to manufacture a case and may proceed by way of summons. How do you compensate such a loss and is the RBZ considering a compensation package for individuals like Watyoka or it is the price they need to pay to facilitate Gono's short journey to the state house. &lt;br /&gt;&lt;br /&gt;Notwithstanding, the state was still arguing that Mr. Watyoka must not be removed from remand. In her ruling, Mrs. Mushure considered the defence submission that Watyoka's placement on remand for over two years without a trial date was unreasonable. &lt;br /&gt;She said: "As much as this court appreciates that the charges against the accused are very serious, a remand of two years in my view, is unreasonable. This court has given the State three chances to furnish the accused person (Watyoka) with his trial date, but obviously, the State has failed. The State has now failed to bring the accused person to trial within a reasonable time. I am of the view that the interest of justice will not suffer any prejudice if the accused is removed from remand. The State has failed to serve him in the two years. It was Watyoka who actually suffered the prejudice due to the State's failure to set his matter down for trial. His (Watyoka's) preparation of the defence may have improved and the delay may have led to disproportionate delay and mental torture. Further remand is therefore refused. State to proceed by way of summons for prosecution if more evidence arises." &lt;br /&gt;&lt;br /&gt;Watyoka was asked to collect his $150 million bail and $700 000 surety from the clerk of court.&lt;br /&gt;&lt;br /&gt;To confirm the direct nexus between the actions of the RBZ/Gono and Watyoka's ordeal, the charges are revealing. He was facing 31 counts of fraud, 12 counts of theft, seven counts of violating the Serious Offences Act and several Exchange Control charges. Watyoka's co-accused, Gilbert Muponda, having discovered that his case had nothing to do with the bona fides pursuit of justice, decided to skip bail and is now believed to be in exile. &lt;br /&gt;&lt;br /&gt;I believe that it is important to learn from the rich experiences that have characterized post-independence Zimbabwe if the goal of creating a new dispensation is to be realized in our life time. I have often reflected on my own personal experiences and it occurred to me that even Mugabe may not be fully aware of the destructive nature of the actions that have been taken by the RBZ/Gono in the name of national interest. I do not have any idea what Mugabe would say to a person like Watyoka who may have believed in the nation building project and registered with his colleagues an asset management company that operated in accordance with prevailing laws of the country only to wake up on 31 December 2003 and found out that he was an accused person. &lt;br /&gt;&lt;br /&gt;The legal framework that would permit Gono to nullify the licences of asset management companies that were registered under a law passed by the Parliament of Zimbabwe should be interrogated otherwise the difference between Gono's actions and those typically associated with dictators of which Africa has many examples would be the same. Surely, if Watyoka and company were guilty of fraud against investors and its clients, one would have expected a complaint by such interested parties rather than a Governor of the RBZ. One would have expected the injured parties to have their own remedies since an asset manager is nothing but an agent representing the interests of its principals. The return to an asset manager should ordinarily be management fees and we are not told to date how ENG ended up being a principal without the knowledge and consent of its principals. Instead we see the government being the complainant and the RBZ/Gono changing laws to create a room for intervention so that the rights of the legitimate interested parties are then subordinated to the state. &lt;br /&gt;As Zimbabwe gropes for solutions to the current economic meltdown and political crisis, it is obvious that a critical evaluation of the role of the RBZ/Gono in undermining democratic institutions is undertaken and appropriate lessons be drawn from case studies like the one described above. Failure to appreciate the danger posed by individuals who have no regard of the rights of others and who do not have the patience to use Parliament as the law making body not only undermines nation building but exposes future generations to poverty. Rather than focusing the debate on regime change, it is time that we focus on the kind of governance that enables creative and enterprising people to apply their minds without fear of the state abusing their rights and using the law to persecute them. &lt;br /&gt;&lt;br /&gt;In focusing on the actions of the RBZ/Gono one hopes that this exercise will enable anyone interested in the future of Zimbabwe to reflect on what Zimbabwe and its people urgently require if hope and confidence is to be restored. In as much as the ENG saga shows blacks in government do not need the former colonial master's help to victimize their own fellow citizens, there may not be any value in Benjamin Mkapa's much talked about intervention that appears to be premised on the belief that Zimbabwean problems are externally and colonially generated. It is my hope that in our lifetime we will reach a stage where we can openly talk about Africa's challenges and promise using real life examples without favour and prejudice. &lt;br /&gt;&lt;br /&gt;The RBZ and asset managers: implications on democracy II &lt;br /&gt;&lt;br /&gt;Posted on October 08th 2006 &lt;br /&gt;WHEN I first wrote the article RBZ and the Rule of Law: Implications on Democracy, I had no idea that it would generate so much interest and controversy. Given the emergence of the RBZ and its current Governor, Gideon Gono, as the only source of salvation for Zimbabwe, it is important that we continue to test and interrogate the hypothesis that there is a causal link between the actions of the RBZ/Gono and the undermining of the rule of law, property and human rights. &lt;br /&gt;&lt;br /&gt;In addition, there is need to test the hypothesis that democratic institutions are being undermined by the RBZ/Gono resulting in the creation of a single power centre that may be described as a "weapon of mass destruction" in the context of Zimbabwe given the consequences of a series of policies and programs implemented by the RBZ/Gono since December 2003. &lt;br /&gt;&lt;br /&gt;In as much as people may believe that my critique of the RBZ/Gono economic policies are motivated by my substantial loss of assets pursuant to the extra-judicial expropriation of all the companies deemed to be under my control in Zimbabwe, I believe that it is important to broaden the discourse beyond me and seek to objectively contextualize the political and economic challenges facing the country and the role, if any, of the RBZ/Gono in resolving or worsening the crisis. &lt;br /&gt;&lt;br /&gt;At independence in 1980, Zimbabwe made a choice to be a democratic state with a constitution that enshrined on its citizens a common set of rights. In choosing to create a common citizenship under one Republic, there was hope that no Zimbabwean would be a subject of another like under a monarchy or an object of another like under apartheid/colonialism. Equally, it is important to state that rights without remedies are sterile. &lt;br /&gt;&lt;br /&gt;After 26 years of independence and given the colonial legacy, it was the expectation of many that the values that underpinned the liberation struggle would be an integral part of the nation building project and never again would the rights of a few be used to undermine the rights of many. &lt;br /&gt;&lt;br /&gt;I have chosen to focus only on the actions of the RBZ under Gono not only because it comes at a time when the future of Zimbabwe is so bleak but because his actions do have a direct bearing on the rule of law and if not exposed may condemn the country to a state where citizens have rights with no recourse. &lt;br /&gt;&lt;br /&gt;I believe that it is only fair that we use empirical evidence to test the hypotheses referred to above. In my article of last week, I used Makamba's ordeal in support of the thesis that the use of emergency powers to undermine citizens' rights has nothing to do with fighting corruption but demonstrates the contempt with which the importance of the rule of law is regarded by many state actors including Gono. &lt;br /&gt;&lt;br /&gt;In this article, I have chosen to look at the ENG saga that provides a comprehensive case study of the role of the RBZ in undermining democracy and the rule of law. ENG and its executive directors, Messrs. Nyasha Watyoka and Gilbert Muponda, as well as the former legislator, Phillip Chiyangwa, were the first victims of Gono's reign when they were arrested in December 2003 during the first month of Gono's appointment. The fate was already decided when Gono made his maiden state of the nation address on 18 December 2003 by unilaterally announcing that asset management firms would fall under the direct supervision of the RBZ with effect from January 2004. He said that asset management firms were not adequately policed and posed a threat to the country's financial system. &lt;br /&gt;&lt;br /&gt;The RBZ without any change of the legal framework assumed the responsibility to directly monitor the registration process, supervision and regulation of all asset management companies in the country. All asset management companies were required to re-register with the RBZ notwithstanding the fact that some of them were legally registered by the Ministry of Finance. By effectively assuming control of the asset management industry, it meant that he could decide single handedly decide who was a criminal and direct the police to arrest such individuals. &lt;br /&gt;&lt;br /&gt;Before dealing with the merits of the ENG case, it is important that we put into context the regulatory framework that governs the asset management industry universally and the point of departure in the case of Zimbabwe. Asset management is often used to refer to the investment management of collective investments and is a non banking activity that is normally regulated by independent institutions established by statute to oversee the Non-Banking Financial Services Industry in the public interest. &lt;br /&gt;&lt;br /&gt;In the case of the UK, the asset management industry is regulated by the Financial Services Authority (FSA), an independent non-governmental body, given statutory powers by the Financial Services and Markets Act 2000. It is a company limited by guarantee and financed by the financial services industry. The Treasury appoints the FSA Board, which currently consists of a Chairman, a Chief Executive Officer, three Managing Directors, and 10 non-executive directors (including a lead non-executive member, the Deputy Chairman). This Board sets our overall policy, but day-to-day decisions and management of the staff are the responsibility of the Executive. The FSA is accountable to Treasury Ministers and through them to Parliament. &lt;br /&gt;&lt;br /&gt;It is operationally independent of Government and is funded entirely by the firms it regulates. The FSA is an open and transparent organisation and provides full information for firms, consumers and others about its objectives, plans, policies and rules. In South Africa's case, the asset management industry is regulated by The Financial Services Board (FSB), a unique independent institution established by statute to oversee the South African Non-Banking Financial Services Industry in the public interest. Its mission is to promote sound and efficient financial institutions and services together with mechanisms for investor protection in the markets we supervise. &lt;br /&gt;However, in the case of Zimbabwe, the control of asset management industry has been placed under the RBZ, a state actor, whose primary goal is no longer consistent with what ordinarily would be the achievement and maintenance of price stability in the Zimbabwean economy. Only in Zimbabwe is the asset management industry defined as asset quasi-banking institutions whose financial intermediary role is mainly to manage financial assets on behalf of specific customers. By defining these institutions as quasi-banking, Gono craftily found a way of removing such institutions that fall under the Collective Investment Schemes (CIS) laws that were administered with the Registrar of Banks and Financial Institutions. &lt;br /&gt;Accordingly, Parliament was circumvented by Gono through a re-definition of what is universally accepted as a non banking financial services provider into a banking platform so as to allow him to control the entire financial services industry without parliamentary oversight. While other countries see a role for an independent regulator, in Zimbabwe this is not the case. Accordingly, if you are deemed to be an enemy of the system and you wish to operate an asset management company, you now know the consequences. &lt;br /&gt;As background, it is important to locate the nationalization by Gono of the asset management industry in some context. Having assumed control of this significant financial services provider, Gono instructed the asset management firms to invest 40% of their assets in productive investments. In his Monetary Statement he presented the conclusion a self-serving "research" that the RBZ had carried out on the operations of asset management firms and that said if the companies continued without adequate regulation, they would seriously compromise the broader financial services sector. The compliant media then was put into full gear with stories portraying Gono as the "messiah" and "corruption buster" who was on a mission to crack down on institutions engaged in shady dealings and indigenous banks that were described as battling for survival as well as asset management companies were his main target. &lt;br /&gt;In a typical fashion, anonymous high-level sources were quoted by the media saying that banks and asset management firms - some of which were allegedly used as conduits for money-laundering activities and speculative investments - were struggling to cope with new regulations ushered in by Gono's recent monetary policy statement. Some of the statements from these nameless and faceless sources were saying that most of the locally-owned banks were facing a serious liquidity crisis and bank managers were reported to be holding emergency meetings, including on Christmas day, to find ways of surviving in the new environment. Gono, the master spin doctor gave the financial services industry their Christmas 2003 gift with this statement widely reported in the media: "Gono's threat that the curtain will soon come down on the era of the proliferation of weak, poorly-managed financial institutions dependent on cheap and unlimited central bank credit was real." &lt;br /&gt;This marked the beginning of the palace coup staged by Gono whose sole mission was to identify enemies of the state and use extra-judicial measures to punish them. The pioneer victim was ENG whose directors were arrested with the media having a field day regarding the underpinning criminality of these individuals. The police arrested the two directors of ENG Capital Asset Management while its subsidiary, Century Discount House, had its operating licence withdrawn by the Reserve Bank of Zimbabwe. The arrest of the directors came after it was reported that ENG had failed to pay more than $50 billion owed to investors. The financial services industry was in panic with banks reported to be selling their properties and foreign currency reserves to improve their liquidity and raise their capital levels. After the actions of Gono, the US dollar dramatically crashed from US$1:$6 000 to US$1:$4 500. &lt;br /&gt;&lt;br /&gt;Reports in the media were saying that the ENG directors were on the run as a result of problems engulfing their financial services concern. The firm was understood to be facing a liquidity crunch of between $70 billion and $80 billion. Creditors were reported to have pounced on ENG, seizing the firm's property with one leading bank grabbing vehicles and shares which the company holds at a local commercial bank. Asset management companies were generally reported to be the source of the problems in the financial services industry and indirectly to the economic meltdown. Against this background, there was need to identify and punish the culprits and ENG provided a convenient scapegoat and Chiyangwa provided the high profile victim needed to capture the imagination of the general public that Zimbabwe had a new no-nonsense boss. &lt;br /&gt;&lt;br /&gt;Chiyangwa was only cleared by a magistrate of attempting to defeat the course justice, contempt of court and perjury by the magistrate's court after the State failed to build a case against him. The State in what has now been standard practice failed to prove a prima facie case against Chiyangwa and all charges were withdrawn after plea and accordingly he was found not guilty on all the three counts. Muponda and Watyoka's arrest by police on December 31, 2003 for allegedly defrauding investors which included Century Holdings, First Mutual Asset Management among others, presented Gono with the first casualties he desperately needed in proving his credentials to his masters that he understood Zimbabwe's problems and he alone had the answers.&lt;br /&gt;&lt;br /&gt;In a dramatic development, on July 31, Nyasha Watyoka was set free at the Harare Magistrates' Courts. Harare magistrate, Mrs. Faith Mushure, finally granted Watyoka's application for refusal of further remand after an ordeal spanning over two years saying he would be called to court by way of summons if more evidence against him crops up. If any of the liberation war heroes were to come back to live and hear Watyoka, Muponda and Chiyangwa's stories they would justifiably not believe that it is the same Zimbabwe that they risked and sacrificed their lives for. It is difficult to imagine what Watyoka was thinking of when he walked out of court as free man but I am not sure whether he would have any complementary things to say about the rule of law and democracy in Zimbabwe. &lt;br /&gt;&lt;br /&gt;The ENG and Makamba's cases share one thing in common i.e. they have not captured the imagination of the opposition parties and non-state actors who appear not to have woken up to the corporate violence taking place in Zimbabwe that has left the affected individuals with no remedies for damages suffered. I believe that the ENG proprietors have lost everything only to be told after two years that the state is still trying to manufacture a case and may proceed by way of summons. How do you compensate such a loss and is the RBZ considering a compensation package for individuals like Watyoka or it is the price they need to pay to facilitate Gono's short journey to the state house. &lt;br /&gt;&lt;br /&gt;Notwithstanding, the state was still arguing that Mr. Watyoka must not be removed from remand. In her ruling, Mrs. Mushure considered the defence submission that Watyoka's placement on remand for over two years without a trial date was unreasonable. &lt;br /&gt;She said: "As much as this court appreciates that the charges against the accused are very serious, a remand of two years in my view, is unreasonable. This court has given the State three chances to furnish the accused person (Watyoka) with his trial date, but obviously, the State has failed. The State has now failed to bring the accused person to trial within a reasonable time. I am of the view that the interest of justice will not suffer any prejudice if the accused is removed from remand. The State has failed to serve him in the two years. It was Watyoka who actually suffered the prejudice due to the State's failure to set his matter down for trial. His (Watyoka's) preparation of the defence may have improved and the delay may have led to disproportionate delay and mental torture. Further remand is therefore refused. State to proceed by way of summons for prosecution if more evidence arises." &lt;br /&gt;&lt;br /&gt;Watyoka was asked to collect his $150 million bail and $700 000 surety from the clerk of court.&lt;br /&gt;&lt;br /&gt;To confirm the direct nexus between the actions of the RBZ/Gono and Watyoka's ordeal, the charges are revealing. He was facing 31 counts of fraud, 12 counts of theft, seven counts of violating the Serious Offences Act and several Exchange Control charges. Watyoka's co-accused, Gilbert Muponda, having discovered that his case had nothing to do with the bona fides pursuit of justice, decided to skip bail and is now believed to be in exile. &lt;br /&gt;&lt;br /&gt;I believe that it is important to learn from the rich experiences that have characterized post-independence Zimbabwe if the goal of creating a new dispensation is to be realized in our life time. I have often reflected on my own personal experiences and it occurred to me that even Mugabe may not be fully aware of the destructive nature of the actions that have been taken by the RBZ/Gono in the name of national interest. I do not have any idea what Mugabe would say to a person like Watyoka who may have believed in the nation building project and registered with his colleagues an asset management company that operated in accordance with prevailing laws of the country only to wake up on 31 December 2003 and found out that he was an accused person. &lt;br /&gt;&lt;br /&gt;The legal framework that would permit Gono to nullify the licences of asset management companies that were registered under a law passed by the Parliament of Zimbabwe should be interrogated otherwise the difference between Gono's actions and those typically associated with dictators of which Africa has many examples would be the same. Surely, if Watyoka and company were guilty of fraud against investors and its clients, one would have expected a complaint by such interested parties rather than a Governor of the RBZ. One would have expected the injured parties to have their own remedies since an asset manager is nothing but an agent representing the interests of its principals. The return to an asset manager should ordinarily be management fees and we are not told to date how ENG ended up being a principal without the knowledge and consent of its principals. Instead we see the government being the complainant and the RBZ/Gono changing laws to create a room for intervention so that the rights of the legitimate interested parties are then subordinated to the state. &lt;br /&gt;As Zimbabwe gropes for solutions to the current economic meltdown and political crisis, it is obvious that a critical evaluation of the role of the RBZ/Gono in undermining democratic institutions is undertaken and appropriate lessons be drawn from case studies like the one described above. Failure to appreciate the danger posed by individuals who have no regard of the rights of others and who do not have the patience to use Parliament as the law making body not only undermines nation building but exposes future generations to poverty. Rather than focusing the debate on regime change, it is time that we focus on the kind of governance that enables creative and enterprising people to apply their minds without fear of the state abusing their rights and using the law to persecute them. &lt;br /&gt;&lt;br /&gt;In focusing on the actions of the RBZ/Gono one hopes that this exercise will enable anyone interested in the future of Zimbabwe to reflect on what Zimbabwe and its people urgently require if hope and confidence is to be restored. In as much as the ENG saga shows blacks in government do not need the former colonial master's help to victimize their own fellow citizens, there may not be any value in Benjamin Mkapa's much talked about intervention that appears to be premised on the belief that Zimbabwean problems are externally and colonially generated. It is my hope that in our lifetime we will reach a stage where we can openly talk about Africa's challenges and promise using real life examples without favour and prejudice. &lt;br /&gt;&lt;br /&gt;F &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;By mutumwa Mawere &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Board of Directors&lt;br /&gt;&lt;br /&gt;CFX Bank&lt;br /&gt;&lt;br /&gt;P.O.Box HG 472,&lt;br /&gt;&lt;br /&gt;Highlands,&lt;br /&gt;&lt;br /&gt;Harare , Zimbabwe. &lt;br /&gt;15 September 2009 &lt;br /&gt;&lt;br /&gt;Gentlemen, &lt;br /&gt;&lt;br /&gt;RE ; 309 MILLION CENTURY HOLDINGS SHARES FRAUDULENTLY CONVERTED INTOCFX BANK SHARES &lt;br /&gt;&lt;br /&gt;Gentlemen this letter is a reminder of your Fiduciary responsibilities as Directorsof a public Company. As you are aware CFX Bank is a product of fraudulent merger of Century Bank (owned by my company ENG Capital) and a much smallerCFX Bank  which somehow got naming rights on the resultant Bank. &lt;br /&gt;My claim is valid and legitimate and as a result will be pursued through all available options till a logical conclusion. At this stage it is important that  as Board you make a choice on whether you are prepared for a pro-longed  dispute. At this stage you have a duty to inform the investing public about the nature of this claim as it has a material impact on the Banks asset base and trading capacity. Failure to do so amounts to gross negligence on your part. &lt;br /&gt;&lt;br /&gt;As the majority shareholder I intend to exercise my fiduciary duty on behalf of myself as shareholder, founder and contributory of ENG capital to fully document and seek redress for the fraudulent transfer of shares which were used tomerge Century Bank and CFX Bank. CFX Bank was created as a result of a merger between CFX Bank and Century Bank. Century Bank was fraudulently merged with CFX Bank through the illegal and irregular transfer of 309,000,000 Century Holdings shares owned by ENG Capital and Companies owned or controlled by ENG Capital. Since this was a fraudulent and illegal transfer of ENG shares the plotters of the scheme renamed the resultant bank CFX Bank dropping the name "Century" in an effort to hide their tracks and attempt toremove any link with Century. ENG Capital owned a total of 900 Million shares in Century and the balance was transferred clandestinely to avoid detection of the fraud that was being perpetrated. &lt;br /&gt;I may seek relief through the courts as a last resort. At this time it is important tonote we have observed several instances whereby the court's orders are ignored and dis-regarded and as such we will be seeking redress in jurisdictions beyond Zimbabwe. In addition we will be seeking redress jointly and severally from certain individuals and entities that are directly benefiting and seeking toaid and abet asset grab and asset looting that is now common in corporate Zimbabwe. &lt;br /&gt;&lt;br /&gt;The shares in question have changed the ownership at the start of my claim 'with a view to evading the consequences of the litigation'. &lt;br /&gt;&lt;br /&gt;Various transactions and Company re-organization schemes with the ultimate aim of sanitizing asset looting and illegal expropriation of our Assets. The current proposed recapitalization exercise must be viewed in the same light as it now seeks to sell our illegally transferred shares into hands of another foreign Bank which will further hide the tracks of the illegal transaction. This must be documented and stopped. &lt;br /&gt;&lt;br /&gt;The Senior Management and Directors of CFX are co-conspirators in an elaborate scheme to defraud ENG Capital and its shareholders and contributories. They have falsely and fraudulently with others known and unknown, unlawfully, willfully, and knowingly did combine, conspire, confederate, and agree together and with each other to commit offenses against ENG Capital to commit fraud in connection with the purchase, sale and transfer of the 309,000,000 Century Holdings Ordinary shares. &lt;br /&gt;&lt;br /&gt;Furthermore the directors of Century/ CFX provided false and misleading information to CFX's regulators, Zimbabwe investing public ,auditors and concealed from them their falsification of Century/ CFXs books and records, and manipulation of data recorded in CFXs general ledger and subsidiary ledgers. Making and causing CFX to make untrue statements of material facts and omitting to state material facts necessary in order to make the statements made. This was all done in an effort to hide the tracks of ENG Capital's controlling stake shares in Century/CFX Bank.&lt;br /&gt;&lt;br /&gt;As a detailed background in April 2003 ENG Capital Investments acquired Century Discount Holdings from Century Financial Holdings ( A ZSE listed Financial Holdings Firm).The purchase price was Z$1.5 billion then equivalent to US$ 3 million. The purchase price was paid in full. ENG then applied to the Registrar of Banks and Financial Institutions for the change of controlling shareholder approval which approvals were denied. &lt;br /&gt;&lt;br /&gt;After several attempts to get the underlying reasons for the denial I was informed that ' the Authorities' were not comfortable with ENG political inclination which they said remained 'unclear' in addition issue of the ENG Directors age was raised. We then tried to find out if Century Financial Holdings was in a position torefund ENG for the purchase price and to reverse the Century Discount House purchase. Century Holdings was not in a position to refund ENG. &lt;br /&gt;The only recourse was that ENG had to acquire Century Financial Holdings tomitigate any potential loss of outlay on the Century Discount house acquisition. As such ENG and its associated Companies acquired a total of 52% of Century Financial Holdings making Century and ENG subsidiary. &lt;br /&gt;&lt;br /&gt;After my arrest on fabricated charges ENG was placed into Provisional Liquidation as a way to secure the creditors. The creditors agreed to take shares held by ENG IN lieu of payment. As such the contributories, directors and lawyers and creditors agreed the shares should not be sold whilst a fair valuation was being negotiated. However we were shocked to read in the papers that a parcel of 309,000,000 Century shares belonging to ENG had been sold through a pre-fixed special bargain transaction on or about 12 May 2004. The beneficiary tothis transaction has remained a mystery even though we have reliable information as to the  ultimate beneficiaries. &lt;br /&gt;&lt;br /&gt;Within a week of this sell of shares it was announced that Century Bank will now be merged with CFX Bank and the new Bank will be called CFX Bank. It is clear the merger was a laundering transaction meant to hide and sanitize the illegal and irregular transfer of the shares owned by ENG.The name Century was immediately removed and the new entity rebranded CFX Bank despite the fact that Century Bank provided a majority of the assets and infrastructure of the new Bank. &lt;br /&gt;&lt;br /&gt;The so-called merger was only arranged to hide the true nature of the illegality of the transfer of ENG shares in Century. It is clear that without the illegal and irregular share transfer the merger would not have happened and would not have made any sense ,it was therefore just done to cover the tracks of the asset grab that had taken place &lt;br /&gt;&lt;br /&gt;Through our Lawyers Ziweni and Company we sought the identity of the buyer and also to clarify that the share sell was null and void as it had all whole marks of corruption, insider dealing and was being challenged by the beneficial owners of the shares. In addition the shares had been sold through a special bargain and not an open market transparent transaction. The shares were sold for an unrealistic amount of Z$ 3 billion when ENG Capital had acquired the same shares for at least Z$35 billion. This resulted in the prejudice of Z$ 32 billion toENG Capital Creditors and Contributories/Shareholders. As such ENG Capital contributories were not fairly and justly paid for the value of the shares held by ENG Capital. Its this discrepancy that I want resolved and close the matter so that the Institution and My self can each focus on our future without any litigation or dispute lingering on. &lt;br /&gt;&lt;br /&gt;We also asked the Zimbabwe Stock Exchange to investigate and stop the share transfer. However due to the general prevailing atmosphere and fear tochallenge 'authorities ' no one was willing to assist us to stop or challenge this illegal and irregular transfer of the shares to an ' unidentified' buyer believed tobe a group of senior political figures. In this instance the Zimbabwe Stock Exchange did not act properly and prudently in defending and safeguarding shareholder interests. Given that we had raised a legitimate concern the share transfer should not have been permitted. &lt;br /&gt;&lt;br /&gt;The redress I seek will not in anyway affect the Bank employees and staff. The claim arises out of acts carried out about 5 years ago and subsequent other schemes and transactions meant to sanitize an illegal act. Clearly I have waited for 5 years hoping the plotters, CFX Management, Shareholders will seek to do the right thing and at least acknowledge this act and make amends as a way forward and ensure that the Bank can settle any such claims. I hope your judgement will not be clouded by the illusion that this claim will some how disappear or you can avoid being held accountable by the current unstable  and unpredictable environment in Zimbabwe. &lt;br /&gt;For the sake of transparency I am copying this letter to the following ;&lt;br /&gt;&lt;br /&gt;Minister of Finance Zimbabwe - Hon Tendai Biti &lt;br /&gt;&lt;br /&gt;Reserve Bank of Zimbabwe Governor ' Dr Gono &lt;br /&gt;&lt;br /&gt;Minister of Justice - Hon Patrick Chinamasa &lt;br /&gt;Zimbabwe Stock Exchange CEO ' Mr Emmanuel Munyukwi &lt;br /&gt;&lt;br /&gt;Yours Faithfully, &lt;br /&gt;&lt;br /&gt;Gilbert Muponda&lt;br /&gt;&lt;br /&gt;Toronto ,Canada &lt;br /&gt;&lt;br /&gt;1-416-841-5542&lt;br /&gt;&lt;br /&gt;Email : gilbert@gilbertmuponda.com &lt;br /&gt;Skype ID: gilbert.muponda &lt;br /&gt;The Managing Director &lt;br /&gt;&lt;br /&gt;Credit Suisse - Holder of 40% in Finance Bank Zambia&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;One Cabot Square&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;London E14, 4QJ&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;UK&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Dear Sir,&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;RE ; CREDIT SUISSE/ FINANCE BANK ZAMBIA INVESTMENT IN CFX BANK ZIMBABWE OWNERSHIP WRANGLE AND DISPUTE&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;I am notifying you as a major shareholder in Finance Bank of Zambia which is seeking to make an investment in CFX BANK ZIMBABWE. According to recent press reports Credit Suisse will finance this transaction. CFX BANK/Century Bank was unlawfully and illegally seized from my Company by the Government of Zimbabwe using various means and schemes. The proposed investment by Credit Suisse through Finance Bank of Zambia represents a blatantly transaction and money laundering act meant to hide the tracks of the preceding illegal seizure ofmy asset (CFX BANK) by the Zimbabwe Government using various illegal and cruel means. For this reason it is not a wise investment by Credit Suisse and Finance Bank Zambia as legal action is pending and in process to reclaim the stolen assets which are now being sanitized through various disposals and "investments".&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Credit Suisse and Finance Bank Zambia are trying to buy an Asset (CFX Bank) which was looted and expropriated from me and my Company. This is not right and must not be allowed to happen. Credit Suisse is exposing itself to serious reputation risk as this ownership wrangle is definitely going to drag its name and brand into asset looting and expropriation that is currently going on in Zimbabwe.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Through notice of this letter should Credit Suisse through its associate and subsidiary Finance Bank Zambia choose to continue to Finance an illegal and money laundering transaction it will become party to the pending litigation and be exposed to the attendant reputation risk.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;You are receiving this letter as notification of the course of action spearheaded on behalf of my company ENG CAPITAL (PVT) LTD (ENG) and its directors in our effort to recover at least 309 000 000 (million) and up to 900,000,000 (Nine hundred Million), Century Bank shares fraudulently converted into CFX Bank shares. The fraud was masked as a merger between Century Bank and CFX Bank but after the merger Century name was dropped to cover the tracks of the fraud. The dispute was triggered by the special bargain sale of 309,000,000 shares but the total shares owned by ENG were 900,000,000 the balance was transferred in peace meal fashion to avoid detection of the fraud and transaction laundering that was being perpetrated.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;This is an on going effort to hold responsible those who looted assets and are now trying launder their loot. All efforts are being made to pursue available legal channels in multi-jurisdictions to ensure that the individuals and entities responsible are held accountable for their actions. Please be guided accordingly.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;At all times relevant to this document ENG was a corporation organized under the laws of the Republic of Zimbabwe with its head office in Harare and be advised that I was unlawfully separated from my business by the RBZ with the connivance of theCFX directors. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The shares in question have changed the ownership at the start of my claim "with a view to evading the consequences of the litigation". &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Various transactions and Company re-organization schemes with the ultimate aim of sanitizing asset looting and illegal expropriation of our Assets.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;It is important that your Organization avoids being a conduit to a money and asset laundering scheme.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The current and preceding Directors of CFX with a view to concealing the true owners of shares in Century Bank later converted to CFX Bank and entered into a secret arrangement with the Governor of the RBZ, whereby the latter acquired the shares, obtained a specification order for all ENG directors thereon, brought the Century Bank shares to sale under execution and purchased the shares for a new company CFX Bank, organized later in which the RBZ Governor has a large interest through nominees. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The allotment of shares to the GOZ in the new CFX Bank is proportionate to those held by ENG in Century Bank and the CFX directors agreed with the RBZ Governor not reveal this understanding to the other shareholders. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;As the majority shareholder I intend to exercise my fiduciary duty on behalf of ENG by calling upon all shareholders of CFX for an Extra-Ordinary General Meeting (EGM) within 90 days to discuss this matter. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;ENG and its directors have established a prima facie case against CFX Limited and intend to appoint a forensic auditor, whose mandate shall be to determine the true nature of CFX's shares. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;With this letter I serve you notice of ENG's intentions to seek relief through the courts should this matter not be resolved amicably. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Century bank was a public company listed on the ZSE. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The directors of CFX are co-conspirators in an elaborate scheme to defraud ENG. They have falsely and fraudulently with others known and unknown, unlawfully, willfully, and knowingly did combine, conspire, confederate, and agree together and with each other to commit offenses against ENG to commit fraud in connection with the purchase and sale of securities issued. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Furthermore the directors of CFX provided false and misleading information toCFX's auditors and concealed from them their falsification of CFX's books and records, and manipulation of data recorded in CFX's general ledger and subsidiary ledgers. making and causing CFX to make untrue statements of material facts and omitting to state material facts necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;For the foregoing reasons, your Proposed investment in CFX /Century Bank Zimbabwe, the bank ownership transfer is subject to an on going dispute .This transaction may expose your Bank to high reputational risk as the dispute may entangle your Organization as the Rightful owners of CFX /Century Bank seek toreclaim their stolen shares and Bank. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;As a detailed background in April 2003 ENG Capital Investments acquired Century Discount Holdings from Century Financial Holdings ( A ZSE listed Financial Holdings Firm).The purchase price was Z$1.5 billion then equivalent to US$ 3 million. The purchase price was paid in full. ENG then applied to the Registrar of Banks and Financial Institutions for the change of controlling shareholder approval which approvals were denied. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;After several attempts to get the underlying reasons for the denial I was informed that " the Authorities" were not comfortable with ENG political inclination which they said remained "unclear" in addition issue of the ENG Directors age was raised. We then tried to find out if Century Financial Holdings was in a position to refund ENG for the purchase price and to reverse the Century Discount House purchase. Century Holdings was not in a position to refund ENG. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The only recourse was that ENG had to acquire Century Financial Holdings tomitigate any potential loss of outlay on the Century Discount house acquisition. As such ENG and its associated Companies acquired a total of 52% of Century Financial Holdings making Century and ENG subsidiary. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;After my arrest on fabricated charges ENG was placed into Provisional Liquidation as a way to secure the creditors. The creditors agreed to take shares held by ENG IN lieu of payment. As such the contributories, directors and lawyers and creditors agreed the shares should not be sold whilst a fair valuation was being negotiated. However we were shocked to read in the papers that a parcel of 309,000,000 Century shares belonging to ENG had been sold through a pre-fixed special bargain transaction on or about 12 May 2004. The beneficiary to this transaction has remained a mystery even though we have reliable information as to the probable ultimate beneficiaries. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Within a week of this sell of shares it was announced that Century Bank will now be merged with CFX Bank and the new Bank will be called CFX Bank. It is clear the merger was a laundering transaction meant to hide and sanitize the illegal and irregular transfer of the shares owned by ENG.The name Century was immediately removed and the new entity rebranded CFX Bank despite the fact that Century Bank provided a majority of the assets and infrastructure of the new Bank. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The so-called merger was only arranged to hide the true nature of the illegality of the transfer of ENG shares in Century. It is clear that without the illegal and irregular share transfer the merger would not have happened and would not have made any sense ,it was therefore just done to cover the tracks of the asset grab that had taken place &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Through our Lawyers Ziweni and Company we sought the identity of the buyer and also to clarify that the share sell was null and void as it had all whole marks of corruption, insider dealing and was being challenged by the beneficial owners of the shares. In addition the shares had been sold through a special bargain and not an open market transparent transaction. The shares were sold for an unrealistic amount of Z$ 3 billion when ENG had acquired the same shares for at least Z$35 billion. This resulted in the prejudice of Z$ 32 billion to ENG Creditors and Contributories/Shareholders. As such ENG contributories were not fairly and justly paid for the value of the shares held by ENG. Its this discrepancy that I want resolved and close the matter so that the Institution and My self can each focus on our future without any litigation or dispute lingering on. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;We also asked the Zimbabwe Stock Exchange to investigate and stop the share transfer. However due to the general prevailing atmosphere and fear to challenge "authorities " no one was willing to assist us to stop or challenge this illegal and irregular transfer of the shares to an " unidentified" buyer believed to be a group of senior political figures. In this instance the Zimbabwe Stock Exchange did not act properly and prudently in defending and safeguarding shareholder interests. Given that we had raised a legitimate concern the share transfer should not have been permitted. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Attached is a copy of a recent letter to the Zimbabwean Minister of Finance seeking his assistance to resolve the matter. Should this matter not be resolved amicably I am seeking to pursue all legal options till justice is served . &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;For the sake of transparency I am copying this letter to the following ; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Finance Bank Zambia - Managing Director&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Minister of Finance Zimbabwe&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Reserve Bank of Zimbabwe Governor - Dr Gono&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Minister of Justice Zimabwe - Hon Patrick Chinamasa&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Zimbabwe Stock Exchange CEO - Mr Emmanuel Munyukwi&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;CFX BANK Board of Directors &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;POSB&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;MSASA NOMINEES&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Zimbabwe Parliament -Budget, Finance and Investment Promotion Members Below&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Hon Zhanda , Hon. Beremauro, Hon. Bhebhe A, Hon. Chinyadza, Hon. Cross, Hon. Khumalo ,M Hon. Madzimure, Hon. Mashakada, Hon. Matshalaga, Hon. Mudiwa, Hon. Muguti, Hon. Mukanduri, Hon. Ndava, Hon. Nyaude. Committee Clerk- Mr Ratsakatika&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;As indicated above I hope we can quickly come to conclusion on the matter as a pro-longed dispute may not be in anyone's interest. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Yours Faithfully, &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Gilbert Muponda &lt;br /&gt;&lt;br /&gt;Toronto ,Canada&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;1-416-841-5542&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;1-647-994-5542 &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Email - gilbert@gilbertmuponda.com&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Skype ID - gilbert.muponda  &lt;br /&gt;The Managing Director &lt;br /&gt;&lt;br /&gt;Credit Suisse - Holder of 40% in Finance Bank Zambia &lt;br /&gt;&lt;br /&gt;One Cabot Square &lt;br /&gt;&lt;br /&gt;London E14, 4QJ &lt;br /&gt;&lt;br /&gt;UK &lt;br /&gt;&lt;br /&gt;4 September 2009 &lt;br /&gt;&lt;br /&gt;Dear Sir, &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;RE ; CREDIT SUISSE/ FINANCE BANK ZAMBIA INVESTMENT IN CFX BANK ZIMBABWE OWNERSHIP WRANGLE AND DISPUTE &lt;br /&gt;I am notifying you as a major shareholder in Finance Bank of Zambia which is seeking tomake an investment  in CFX BANK ZIMBABWE. According to recent press reports Credit Suisse will finance this transaction. CFX BANK/Century Bank was unlawfully and illegally seized from my Company by the Government of Zimbabwe using various means and schemes. The proposed investment by Credit Suisse through  Finance Bank of Zambia represents a blatantly transaction and money laundering act meant to hide the tracks of the preceding illegal seizure of my asset (CFX BANK) by the Zimbabwe Government using various illegal and cruel  means. For this reason it is not a wise investment by Credit Suisse and Finance Bank Zambia as legal action is pending and in process to reclaim the  stolen assets which are now being sanitized through various disposals and "investments". &lt;br /&gt;Credit Suisse and Finance Bank Zambia are trying to buy an Asset (CFX Bank) which was looted and expropriated from me and my Company. This is not right and must not be allowed to happen. Credit Suisse is exposing itself to serious reputation risk as this ownership wrangle is definitely going to drag its  name and brand into asset looting and expropriation that is currently going on in Zimbabwe. &lt;br /&gt;&lt;br /&gt;Through notice of this letter should Credit Suisse through its associate and subsidiary Finance Bank Zambia choose to continue to Finance an illegal and money laundering transaction it will become party to the pending litigation and be exposed to the attendant reputation risk. &lt;br /&gt;&lt;br /&gt;You are receiving this letter as notification of the course of action spearheaded on behalf of my company ENG CAPITAL (PVT) LTD (ENG) and its directors in our effort to recover at least 309 000 000 (million) and up to 900,000,000 (Nine hundred Million), Century Bank shares fraudulently converted into CFX  Bank shares. The fraud was masked as a merger between Century Bank and CFX Bank but after the merger Century name was dropped to cover the tracks of the fraud. The dispute was triggered by the special bargain sale of 309,000,000 shares but the total shares owned by ENG were 900,000,000 the balance was transferred in peace meal fashion to avoid detection of the fraud and transaction laundering that was being perpetrated. &lt;br /&gt;This is an on going effort to hold responsible those who looted assets and are now trying launder their loot. All efforts are being made to pursue available legal channels in multi-jurisdictions to ensure that the individuals and entities responsible are held accountable for their actions. Please be guided accordingly. &lt;br /&gt;&lt;br /&gt;At all times relevant to this  document ENG was a corporation organized under the laws of the Republic of Zimbabwe with its head office in Harare and be advised that I was unlawfully separated from my business by the RBZ  with the connivance of the CFXdirectors. &lt;br /&gt;&lt;br /&gt;The shares in question have changed the ownership at the start of my claim "with a viewto evading the consequences of the litigation". &lt;br /&gt;&lt;br /&gt;Various transactions and Company re-organization schemes with the ultimate aim of sanitizing asset looting and illegal expropriation of our Assets. &lt;br /&gt;&lt;br /&gt;It is important that your Organization avoids being a conduit to a money and asset laundering scheme. &lt;br /&gt;The current and preceding Directors of CFX with a view to concealing the true owners of shares in Century Bank later converted to CFX Bank and entered into a secret arrangement with the Governor of the RBZ, whereby the latter acquired the shares, obtained a specification order for all ENG directors thereon, brought the Century Bank shares to sale under execution and purchased the shares for a new company CFX Bank, organized later in which the RBZ Governor has a large interest through nominees. &lt;br /&gt;&lt;br /&gt;The allotment of shares to the GOZ in the new CFX Bank is proportionate to those held by ENG in Century Bank and the CFX directors agreed with the RBZ Governor not reveal this understanding to the other shareholders. &lt;br /&gt;&lt;br /&gt;As the majority shareholder I intend to exercise my fiduciary duty on behalf of ENG by calling upon all shareholders of CFX for an Extra-Ordinary General Meeting (EGM) within 90 days to discuss this matter. &lt;br /&gt;&lt;br /&gt;ENG and its directors have established a prima facie case against CFX Limited and intend to appoint a forensic auditor, whose mandate shall be to determine the true nature of CFX's shares.  &lt;br /&gt;&lt;br /&gt;With this letter I serve you notice of ENG's intentions to seek relief through the courts should this matter not be resolved amicably.  &lt;br /&gt;&lt;br /&gt;Century bank was a public company listed on the ZSE.  &lt;br /&gt;&lt;br /&gt;The directors of CFX are co-conspirators in an elaborate scheme to defraud ENG. They have falsely and fraudulently with others known and unknown, unlawfully, willfully, and knowingly did combine, conspire, confederate, and agree together and with each other tocommit offenses against ENG to commit fraud in connection with the purchase and sale of securities issued.  &lt;br /&gt;&lt;br /&gt;Furthermore the directors of CFX provided false and misleading information to CFX's auditors and concealed from them their falsification of CFX's books and records, and manipulation of data recorded in CFX's general ledger and subsidiary ledgers. making and causing CFX to make untrue statements of material facts and omitting to state material facts necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading  &lt;br /&gt;For the foregoing reasons, your Proposed investment in CFX /Century Bank Zimbabwe, the bank ownership transfer is subject to an on going dispute .This transaction may expose your Bank to high reputational risk as the dispute may entangle your Organization as the Rightful owners of CFX /Century Bank seek to reclaim their stolen shares and Bank. &lt;br /&gt;&lt;br /&gt;As a detailed background in April 2003 ENG Capital Investments acquired Century Discount Holdings from Century Financial Holdings ( A ZSE listed Financial Holdings Firm).The purchase price was Z$1.5 billion then equivalent to US$ 3 million. The purchase price was paid in  full. ENG then applied to the Registrar of Banks and Financial Institutions for the change of controlling shareholder approval which approvals were denied. &lt;br /&gt;&lt;br /&gt;After several attempts to get the underlying reasons for the denial I was informed that " the Authorities" were not comfortable with ENG political inclination which they said remained "unclear" in addition issue of the ENG Directors age was raised. We then triedto find out if  Century Financial Holdings was in a position to refund ENG for the purchase price and to reverse the Century Discount House purchase. Century Holdings was not in a position to refund ENG. &lt;br /&gt;&lt;br /&gt;The only recourse was that ENG had to acquire Century Financial Holdings to mitigate any potential loss of outlay on the Century Discount house acquisition. As such ENG and its associated Companies acquired a total of 52% of Century Financial Holdings making Century and ENG subsidiary. &lt;br /&gt;&lt;br /&gt;After my arrest on fabricated charges ENG was placed into Provisional Liquidation as a way to secure the creditors. The creditors agreed to take shares held by ENG IN lieu of payment. As such the contributories, directors and lawyers and creditors agreed the shares should not be sold whilst a fair valuation was being negotiated. However we were shocked to read in the papers that a parcel of 309,000,000 Century shares belonging toENG had been sold through a pre-fixed special bargain transaction on or about 12 May 2004. The beneficiary to this transaction has remained a mystery even though we have reliable information as to the probable ultimate beneficiaries. &lt;br /&gt;&lt;br /&gt;Within a week of this sell of shares it was announced that Century Bank will now be merged with CFX Bank and the new Bank will be called CFX Bank. It is clear the merger was a laundering transaction meant to hide and sanitize the illegal and irregular transfer of the shares owned by ENG.The name Century was immediately removed and the new entity  rebranded CFX Bank despite the fact that Century Bank provided a majority of the assets and infrastructure of the new Bank. &lt;br /&gt;&lt;br /&gt;The so-called merger was only arranged to hide the true nature of the illegality of the transfer of ENG shares in Century. It is clear that without the illegal and irregular share transfer the merger would not have happened and would not have made any sense ,it was therefore just done to cover the tracks of the asset grab that had taken place &lt;br /&gt;&lt;br /&gt;Through our Lawyers Ziweni and Company we sought the identity of the buyer and alsoto clarify that the share sell was null and void as it had all whole marks of corruption, insider dealing and was being challenged by the beneficial owners of the shares. In addition the shares had been sold through a special bargain and not an open market transparent transaction. The shares were sold for an unrealistic amount of Z$ 3 billion when ENG had acquired the same shares for at least Z$35 billion. This resulted in the prejudice of Z$ 32 billion to ENG Creditors and Contributories/Shareholders. As such ENG contributories were not fairly and justly paid for the value of the shares held by ENG. Its  this discrepancy that I want resolved and close the matter so that the Institution and My self can each focus on  our future without any litigation or dispute lingering on. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;We also asked the Zimbabwe Stock Exchange to investigate and stop the share transfer. However due to the general prevailing atmosphere and fear to challenge "authorities " no one was willing to assist us to stop or challenge this illegal and irregular transfer of the shares to an " unidentified" buyer believed to be a group of senior political figures. In this instance the Zimbabwe Stock Exchange did not act properly and prudently in defending and safeguarding shareholder interests. Given that we had raised a legitimate concern the share transfer should not have been permitted. &lt;br /&gt;Attached  is a copy of a recent letter to the Zimbabwean Minister of Finance seeking his assistance to resolve the matter. Should this matter not be resolved amicably I am seeking to pursue all legal options till justice is served . &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;For the sake of transparency I am copying this letter to the following ; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Finance Bank Zambia - Managing Director &lt;br /&gt;Minister of Finance Zimbabwe &lt;br /&gt;Reserve Bank of Zimbabwe Governor - Dr Gono &lt;br /&gt;&lt;br /&gt;Minister of Justice Zimabwe -   Hon Patrick Chinamasa &lt;br /&gt;&lt;br /&gt;Zimbabwe Stock Exchange CEO - Mr  Emmanuel Munyukwi &lt;br /&gt;&lt;br /&gt;CFX BANK Board of Directors &lt;br /&gt;POSB &lt;br /&gt;&lt;br /&gt;MSASA NOMINEES &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Zimbabwe Parliament -Budget, Finance and Investment Promotion Members Below &lt;br /&gt;&lt;br /&gt;Hon Zhanda , Hon. Beremauro, Hon. Bhebhe A, Hon. Chinyadza, Hon. Cross, Hon. Khumalo ,M Hon. Madzimure, Hon. Mashakada, Hon. Matshalaga, Hon. Mudiwa, Hon. Muguti, Hon. Mukanduri, Hon. Ndava, Hon. Nyaude. Committee Clerk- Mr Ratsakatika &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;As indicated above I hope we can quickly come to conclusion on the matter as a pro-longed dispute may not be in anyone's interest. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Yours Faithfully, &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Gilbert Muponda &lt;br /&gt;&lt;br /&gt;Toronto ,Canada &lt;br /&gt; &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;CFX /CENTURY BANK INVESTMENT BY FINANCE BANK ZAMBIA &lt;br /&gt;&lt;br /&gt;The Managing Director &lt;br /&gt;&lt;br /&gt;Finance Bank Zambia&lt;br /&gt;&lt;br /&gt;Plot 226 Finsbury House, Buteko Avenue, Ndola Zambia &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;RE ; CFX/CENTURY BANK INVESTMENT BY FINANCE BANK ZAMBIA &lt;br /&gt;&lt;br /&gt;I refer to your Proposed investment in CFX /Century Bank Zimbabwe. The bank ownership transfer is subject to an on going dispute .This transaction may expose your Bank to high reputational risk as the dispute may entangle your Organization as the Rightful owners of CFX /Century Bank seek to reclaim their stolen shares and Bank. &lt;br /&gt;&lt;br /&gt;As a detailed background in April 2003 ENG Capital Investments acquired Century Discount Holdings from Century Financial Holdings ( A ZSE listed Financial Holdings Firm).The purchase price was Z$1.5 billion then equivalent to US$ 3 million. The purchase price was paid in  full. ENG then applied to the Registrar of Banks and Financial Institutions for the change of controlling shareholder approval which approvals were denied. &lt;br /&gt;&lt;br /&gt;After several attempts to get the underlying reasons for the denial I was informed that " the Authorities" were not comfortable with ENG political inclination which they said remained "unclear" in addition issue of the ENG Directors age was raised. We then triedto find out if  Century Financial Holdings was in a position to refund ENG for the purchase price and to reverse the Century Discount House purchase. Century Holdings was not in a position to refund ENG. &lt;br /&gt;&lt;br /&gt;The only recourse was that ENG had to acquire Century Financial Holdings to mitigate any potential loss of outlay on the Century Discount house acquisition. As such ENG and its associated Companies acquired a total of 52% of Century Financial Holdings making Century and ENG subsidiary. &lt;br /&gt;&lt;br /&gt;After my arrest on fabricated charges ENG was placed into Provisional Liquidation as a way to secure the creditors. The creditors agreed to take shares held by ENG IN lieu of payment. As such the contributories, directors and lawyers and creditors agreed the shares should not be sold whilst a fair valuation was being negotiated. However  we were shocked to read in the papers that a parcel of 309,000,000 Century shares belonging toENG had been sold through a pre-fixed special bargain transaction on or about 12 May 2004. The beneficiary to this transaction have remained a mystery even though we have reliable information as to the probable ultimate beneficiaries. &lt;br /&gt;Within a week of this sell of shares it was announced that Century Bank will now be merged with CFX Bank and the new Bank will be called CFX Bank. It is clear the merger was a laundering transaction meant to hide and sanitize the illegal and irregular transfer of the shares owned by ENG. The name Century was immediately removed and the new entity  rebranded CFX Bank despite the fact that Century Bank provided a majority of the assets and infrastructure of the new Bank. &lt;br /&gt;&lt;br /&gt;The so-called merger was only arranged to hide the true nature of the illegality of the transfer of ENG shares in Century. It is clear that without the illegal and irregular share transfer the merger would not have happened and would not have made any sense ,it was therefore just done to cover the tracks of the asset grab that had taken place &lt;br /&gt;&lt;br /&gt;Through our Lawyers Ziweni and Company we sought the identity of the buyer and alsoto clarify that the share sell was null and void as it had all whole marks of corruption, insider dealing and was being challenged by the beneficial owners of the shares. In addition the shares had been sold through a special bargain and not an open market transparent transaction. The shares were sold for an unrealistic amount of Z$ 3 billion when ENG had acquired the same shares for at least Z$35 billion. &lt;br /&gt;&lt;br /&gt;This resulted in the prejudice of Z$ 32 billion to ENG Creditors and Contributories/Shareholders. As such ENG contributories were not fairly and justly paid for the value of the shares held by ENG. Its  this discrepancy that I want resolved and close the matter so that the Institution and My self can each focus on  our future without any litigation or dispute lingering on. &lt;br /&gt;We also asked the Zimbabwe Stock Exchange to investigate and stop the share transfer. However due to the general prevailing atmosphere and fear to challenge "authorities " no one was willing to assist us to stop or challenge this illegal and irregular transfer of the shares to an " unidentified" buyer believed to be a group of senior political figures. In this instance the Zimbabwe Stock Exchange did not act properly and prudently in defending and safeguarding shareholder interests. Given that we had raised a legitimate concern the share transfer should not have been permitted. &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;As a way forward I propose that Century Bank /CFX Bank and other ENG Assets be returned to ENG Shareholders/ Contributories or a fair compensation be worked out and paid out to the ENG Shareholders and Contributories to settle the dispute. I further request your assistance on the return the return of my Primary residence 17 Chishawasha Road,Chishawasha Hills,Umwinsdale. Harare. This illegal seizure left me destitute and homeless. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Below is a copy of a recent letter to the Zimbabwean Minister of Finance seeking his assistance to resolve the matter. Should this matter not be resolved amicably I am seeking to pursue all legal options till justice is served . &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;  &lt;br /&gt;&lt;br /&gt;For the sake of transparency I am copying this letter to the following ; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Minister of Finance Zimbabwe&lt;br /&gt;&lt;br /&gt;Reserve Bank of Zimbabwe Governor - Dr Gono&lt;br /&gt;&lt;br /&gt;Minister of Justice -   Hon Patrick Chinamasa&lt;br /&gt;&lt;br /&gt;Zimbabwe Stock Exchange CEO - Mr  Emmanuel Munyukwi&lt;br /&gt;&lt;br /&gt;CFX BANK Board of Directors&lt;br /&gt;&lt;br /&gt;Budget, Finance and Investment Promotion&lt;br /&gt;&lt;br /&gt;Hon. Beremauro, Hon. Bhebhe A, Hon. Chinyadza, Hon. Cross, Hon. Khumalo ,M Hon. Madzimure, Hon. Mashakada, Hon. Matshalaga, Hon. Mudiwa, Hon. Muguti, Hon. Mukanduri, Hon. Ndava, Hon. Nyaude. Committee Clerk- Mr Ratsakatika &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;As indicated above I hope we can quickly come to conclusion on the matter as a pro-longed dispute may not be in anyone's interest. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Yours Faithfully, &lt;br /&gt;Gilbert Muponda &lt;br /&gt;&lt;br /&gt;1-416-841-5542&lt;br /&gt;&lt;br /&gt;1-647-994-5542 &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The Shareholders &lt;br /&gt;&lt;br /&gt;Interfin Holdings Limited &lt;br /&gt;15th Floor, NSSA Building &lt;br /&gt;Cnr Sam Nujoma St/Julius Nyerere Way &lt;br /&gt;HARARE &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;4 November 2009 &lt;br /&gt;&lt;br /&gt;Attention: Mr. R. Njanike &lt;br /&gt;Dear Gentlemen and Lady, &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;RE ; PROPOSED INTERFIN ACQUISITION OF MY BANK - CENTURY/CFX BANK LIMITED &lt;br /&gt;&lt;br /&gt;I refer to various media reports which suggest Interfin Holdings Limited plans to acquire a 51% stake in My Bank Century/CFX Bank. Further reference is made to the letter frommy lawyers Gutu and Chikowero Attorneys at Law dated 2 November 2009 and my letterof yesterday to your Board of Directors. The purpose of this letter is to warn Interfin Financial Holdings Limited not to interpose itself in the CFX ownership dispute as you may regret that transaction. Interfin should not meddle in this as the  consequences will be dire. &lt;br /&gt;&lt;br /&gt;(1) Current CFX Bank lawyers a flaunting around their "legal opinion" as fact. Firstly CFXBank  lawyers are compromised as they can not provide an Independent legal opinion in a matter in which they have an interest since they are representing the respondent. They have a conflict of interest and should have recused themselves in providing the legal opinion. So I guess they just provided this "legal opinion" to earn fees knowing fully well that their opinion in this matter wasn't even worth the piece of paper it was written on. &lt;br /&gt;&lt;br /&gt;(2) Their purported legal opinion is rather misplaced and misdirected in as much as it seeks to analyze current ENG legal status .The current status is immaterial since we are trying to correct fraud and theft which resulted in ENG being incapacitated. &lt;br /&gt;(3) Further CFX Bank Lawyers are assuming that since I remain specified in Zimbabwe therefore I have no capacity to vigorously pursue this matter. This is fallacious and ill advised .I hope the same lawyers are aware that Financial markets do not operate in a vacuum and in the bigger scheme of things Financial markets are not controlled from Harare. As indicated previously no stone will be left unturned till justice prevails on this matter. This means all legal options are on the table and legal action is being persuading in several jurisdictions. &lt;br /&gt;&lt;br /&gt;(4) CFX Bank lawyers are further peddling a tired lie that the shares were being sold topay off ENG creditors. This totally ignores where the matter started and how it developed into a crisis. The original and official allegation  was that ENG Capital was a brief case Company which had no meaningful assets. ENG and Myself were  further demonized and smeared that the only visible assets acquired were cars. Shouldn't  CFX Lawyers be addressing this anomaly. How can a brief case Company own 309 million shares in a Bank. How come the public was not clearly told that ENG owned a Bank .Why was there over focus on cars which made up less than 1% of ENG Capital base? Assuming for one moment that ENG had real problems ,Why wasn't it well advertised that even though ENG was having problems it owned a Bank and bidders would be invited to take over that Bank  and pay a fair price? Why was the disposal being done clandestinely and under cover of darkness? &lt;br /&gt;(5) ENG was sufficiently liquid and solvent to meet its liabilities but despite all this its cheques were being bounced and dishonored. This act alone of bouncing and dishonoring cheques of a Financial Institution creates panic and impression of a Bankrupt Institution. It must be noted First Mutual Life and National Discount House being ENG counter parties in fact sued Zimbank for irregularly dishonoring ENG cheques at a time the ENG account was fully funded and had sufficient funds to meet its liabilities. This clearly confirms a well calculated campaign to close down ENG and grab its assets. &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;(6) I am sure you were told that ENG CAPITAL had many cars, and these cars were the only assets that ENG had. The correct and accurate facts are that ENG was a Group of Companies which Companies had Directors, Managers and employees and the cars were for the use of these  members of staff who ran the various companies which made up ENG CAPITAL. &lt;br /&gt;&lt;br /&gt;(7) ENG Capital group had a market value of US$ 175 million, just before the RBZ descended on the Institution. &lt;br /&gt;Below is a brief ENG Group Structure ;&lt;br /&gt;&lt;br /&gt;ENG HOLDINGS GROUP STRUCTURE&lt;br /&gt;&lt;br /&gt;- SUBSIDIARIES&lt;br /&gt;&lt;br /&gt;- ENG CAPITAL INVESTMENTS PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG ASSET MANAGEMENT PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG REAL ESTATE&lt;br /&gt;&lt;br /&gt;- ENG NOMINEES PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG PRIVATE EQUITY (PVT) LTD&lt;br /&gt;&lt;br /&gt;- ENG CAPITAL ADVISORY SERVICES&lt;br /&gt;&lt;br /&gt;- ENG STRUCTURED FINANCE&lt;br /&gt;&lt;br /&gt;ADDITIONAL MAJOR ASSETS OWNED&lt;br /&gt;&lt;br /&gt;- Century Bank Holdings (now CFX bank)&lt;br /&gt;&lt;br /&gt;- Leasing Company of Zimbabwe, Century Asset Managers)&lt;br /&gt;&lt;br /&gt;- Century Discount House&lt;br /&gt;&lt;br /&gt;- Hybri Micro-Finance Institution&lt;br /&gt;&lt;br /&gt;- Care Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- RestCel Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- Amalgamated Health Services  (Harare West Hospital )&lt;br /&gt;&lt;br /&gt;- 15% of OK Zimbabwe Limited&lt;br /&gt;&lt;br /&gt;- 15% of Zimplow Holdings Limited&lt;br /&gt;&lt;br /&gt;- 20% Medtech Holdings Limited&lt;br /&gt;&lt;br /&gt;- Hornet Re-Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- Pearl Pension Fund Management&lt;br /&gt;&lt;br /&gt;- 25 % Clan Holdings Limited &lt;br /&gt;&lt;br /&gt;- 25 % Zimbabwe News Papers Group - Zimpapers Limited&lt;br /&gt;&lt;br /&gt;- Allied Conveyor Belts PVT LTD&lt;br /&gt;&lt;br /&gt;- River Drilling PVT LTD&lt;br /&gt;&lt;br /&gt;- Real Estate including (Anastasia Court, Belgravia House, Thaine Building)&lt;br /&gt;&lt;br /&gt;- Various Listed ZSE Listed shares&lt;br /&gt;&lt;br /&gt;- Treasury Bills&lt;br /&gt;&lt;br /&gt;- GMB Bills&lt;br /&gt;&lt;br /&gt;- Cargill Commercial Paper&lt;br /&gt;&lt;br /&gt;- $ 4 billion - Alliance Capital Debenture (representing 123 million First Mutual Life shares)&lt;br /&gt;&lt;br /&gt;- 23 Million First Mutual Life shares &lt;br /&gt;This is relevant as it proves beyond any doubt that ENG was a solid Group of Companies. It was targeted out greed by plotters including senior politicians who wantedto loot and grab assets. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;(8)  This mêlée was nothing more than a ploy to infringe upon my citizenship rights and strip me of my assets; a well orchestrated political game to deny perceived enemies of the governor financial freedom. &lt;br /&gt;&lt;br /&gt;(9) My battle against civil asset forfeiture is one for the preservation of freedom and property. This is an important area as Zimbabwe seeks to portray an image of a  stable state with the rule of law and private property rights are protected and preserved.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;(10) All facts indicate to a grand miscarriage of Justice.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;(11) A miscarriage of justice occurred as ENG and its directors now bear the burden of proving their innocence. The preponderance of evidence, which means that the RBZ only must make a better case - however slight, than the property owner - ENG. &lt;br /&gt;(12) The 309 Century Financial Holdings Limited Million shares in question were sold through Fidelity Stock brokers on or around May 13, 2004. Within the same week an announcement was then made that CFX Bank was taking over Century Holdings. The shares were sold to Gono's reported consortium for Z$2,9 billion when ENG had spent $35 billion to accumulate the shares, thereby prejudicing ENG, Creditors, Investors and contributories of at least Z$32,1 billion. &lt;br /&gt;(13) As ENG Co-founder, Contributory and Shareholder, I wrote to the Zimbabwe Stock Exchange Chief Executive Mr Emmanuel Munyukwi asking for an investigation because we had agreed with the majority of creditors that the shares should not be sold but rather swapped with creditors and investors instead of selling them at an unreasonable price. But the 309 million Century /CFX Financial Holdings million shares were somehow clandestinely sold and that transaction enabled CFX Bank to take over Century Holdings Limited. &lt;br /&gt;(14) This allowed the reverse listing of CFX Bank on to the Zimbabwe Stock Exchange. Without those 309 million Century Holdings Limited million shares owned by ENG theCFX/Century merger would have never happened. Gono and his proxies became the new controlling shareholder of the new merged bank. Is this by design or accident? Gono then forced out the Mr Sean Maloney who had helped to put together the transaction. Mr Sean Maloney had to leave the country under unclear circumstances . Part of the same shares snatched From ENG were later transferred to Premier Bank Financial Holdings which is reportedly owned by Governor Gono .There has generally  been shuffling of shares which is normally associated with covering tracks of an illegal and irregular transaction. &lt;br /&gt;&lt;br /&gt;(15) ENG directors and contributories asked the high court to set aside the sale of the shares and the matter action is still before the courts in Harare. We asked Zimbabwe Stock Exchange Committee to investigate. They refused. We asked the brokers for the identity of the buyer of our shares. They refused. The brokers indicated they were under serious pressure from individuals they couldn't identify to maintain total secrecy on the identity of the buyer. Within a few days of raising the challenge of the CFX/Century shares Justice Minister  specified me without affording me a hearing or an enquiry as required by the Constitution of Zimbabwe . The was specification at the instigation of senior politicians who were eyeing assets held by ENG including Century/CFX Bank. The specification was meant to harass, cow, intimidate and silence me from raising further complaints and challenges regarding ENG assets specifically these 309 million shares in Century/CFX Financial Holdings. &lt;br /&gt;&lt;br /&gt;(16) Since the ENG shares in Century /CFX Bank  Financial Holdings were irregularly transferred  the Bank ownership remains in dispute. The ENG shareholders and contributories filed and sought a high court order to stop the transfer of the shares until the dispute had been resolved . The shares were still clandestinely transferred despite the pending high court application to resolve the dispute . After filing for this order MyLawyer the late Oscar Ziweni was also specified by the Minister of Justice and threatened ,harassed and intimidated until he went into hiding. However the point remains ENG Founders, Shareholders and Contributories still lay claim to these shares and stake in Century/ CFX BANK which were looted by Senior Government officials. &lt;br /&gt;&lt;br /&gt;In conclusion Interfin Holdings Limited should consider itself warned. Interfin should stay clear of CFX Bank until this matter is resolved. There are entities and individuals in Zimbabwe who erroneously believe they are above the law. They have the mistaken belief they can grab, loot, steal assets and get away with it. In the process they try to launder their loot through various disposals and restructurings such as the ones that were done at Century/CFX Bank. This is being fully documented. CFX Bank has had more than 5 Managing Directors in a space of 2 years .This shows the instability brought  about by being a disputed asset whilst the looters try to pull " strings" from behind the scenes. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;For the sake of transparency I am copying this letter to the following ; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Minister of Finance Zimbabwe &lt;br /&gt;Reserve Bank of Zimbabwe Governor -  Dr Gono &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Zimbabwe Stock Exchange CEO - Mr  Emmanuel Munyukwi &lt;br /&gt;&lt;br /&gt;CFX BANK Board of Directors &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Zimbabwe Parliament -Budget, Finance and Investment Promotion Members Below &lt;br /&gt;&lt;br /&gt;Hon Zhanda , Hon. Beremauro, Hon. Bhebhe A, Hon. Chinyadza, Hon. Cross, Hon. Khumalo ,M Hon. Madzimure, Hon. Mashakada, Hon. Matshalaga, Hon. Mudiwa, Hon. Muguti, Hon. Mukanduri, Hon. Ndava, Hon. Nyaude. Committee Clerk- Mr Ratsakatika &lt;br /&gt;My full contact details are below should you need any clarification. &lt;br /&gt;&lt;br /&gt;Yours Faithfully,&lt;br /&gt;&lt;br /&gt;Gilbert Muponda&lt;br /&gt;&lt;br /&gt;Toronto ,Canada &lt;br /&gt; &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Letter to Interfin Shareholders &lt;br /&gt;The Shareholders &lt;br /&gt;&lt;br /&gt;Interfin Holdings Limited &lt;br /&gt;15th Floor, NSSA Building &lt;br /&gt;Cnr Sam Nujoma St/Julius Nyerere Way &lt;br /&gt;HARARE &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;4 November 2009 &lt;br /&gt;&lt;br /&gt;Attention: Mr. R. Njanike &lt;br /&gt;Dear Gentlemen and Lady, &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;RE ; PROPOSED INTERFIN ACQUISITION OF MY BANK - CENTURY/CFX BANK LIMITED &lt;br /&gt;&lt;br /&gt;I refer to various media reports which suggest Interfin Holdings Limited plans to acquire a 51% stake in My Bank Century/CFX Bank. Further reference is made to the letter frommy lawyers Gutu and Chikowero Attorneys at Law dated 2 November 2009 and my letterof yesterday to your Board of Directors. The purpose of this letter is to warn Interfin Financial Holdings Limited not to interpose itself in the CFX ownership dispute as you may regret that transaction. Interfin should not meddle in this as the  consequences will be dire. &lt;br /&gt;&lt;br /&gt;(1) Current CFX Bank lawyers a flaunting around their "legal opinion" as fact. Firstly CFXBank  lawyers are compromised as they can not provide an Independent legal opinion in a matter in which they have an interest since they are representing the respondent. They have a conflict of interest and should have recused themselves in providing the legal opinion. So I guess they just provided this "legal opinion" to earn fees knowing fully well that their opinion in this matter wasn't even worth the piece of paper it was written on. &lt;br /&gt;&lt;br /&gt;(2) Their purported legal opinion is rather misplaced and misdirected in as much as it seeks to analyze current ENG legal status .The current status is immaterial since we are trying to correct fraud and theft which resulted in ENG being incapacitated. &lt;br /&gt;(3) Further CFX Bank Lawyers are assuming that since I remain specified in Zimbabwe therefore I have no capacity to vigorously pursue this matter. This is fallacious and ill advised .I hope the same lawyers are aware that Financial markets do not operate in a vacuum and in the bigger scheme of things Financial markets are not controlled from Harare. As indicated previously no stone will be left unturned till justice prevails on this matter. This means all legal options are on the table and legal action is being persuading in several jurisdictions. &lt;br /&gt;&lt;br /&gt;(4) CFX Bank lawyers are further peddling a tired lie that the shares were being sold topay off ENG creditors. This totally ignores where the matter started and how it developed into a crisis. The original and official allegation  was that ENG Capital was a brief case Company which had no meaningful assets. ENG and Myself were  further demonized and smeared that the only visible assets acquired were cars. Shouldn't  CFX Lawyers be addressing this anomaly. How can a brief case Company own 309 million shares in a Bank. How come the public was not clearly told that ENG owned a Bank .Why was there over focus on cars which made up less than 1% of ENG Capital base? Assuming for one moment that ENG had real problems ,Why wasn't it well advertised that even though ENG was having problems it owned a Bank and bidders would be invited to take over that Bank  and pay a fair price? Why was the disposal being done clandestinely and under cover of darkness? &lt;br /&gt;(5) ENG was sufficiently liquid and solvent to meet its liabilities but despite all this its cheques were being bounced and dishonored. This act alone of bouncing and dishonoring cheques of a Financial Institution creates panic and impression of a Bankrupt Institution. It must be noted First Mutual Life and National Discount House being ENG counter parties in fact sued Zimbank for irregularly dishonoring ENG cheques at a time the ENG account was fully funded and had sufficient funds to meet its liabilities. This clearly confirms a well calculated campaign to close down ENG and grab its assets. &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;(6) I am sure you were told that ENG CAPITAL had many cars, and these cars were the only assets that ENG had. The correct and accurate facts are that ENG was a Group of Companies which Companies had Directors, Managers and employees and the cars were for the use of these  members of staff who ran the various companies which made up ENG CAPITAL. &lt;br /&gt;&lt;br /&gt;(7) ENG Capital group had a market value of US$ 175 million, just before the RBZ descended on the Institution. &lt;br /&gt;Below is a brief ENG Group Structure ;&lt;br /&gt;&lt;br /&gt;ENG HOLDINGS GROUP STRUCTURE&lt;br /&gt;&lt;br /&gt;- SUBSIDIARIES&lt;br /&gt;&lt;br /&gt;- ENG CAPITAL INVESTMENTS PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG ASSET MANAGEMENT PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG REAL ESTATE&lt;br /&gt;&lt;br /&gt;- ENG NOMINEES PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG PRIVATE EQUITY (PVT) LTD&lt;br /&gt;&lt;br /&gt;- ENG CAPITAL ADVISORY SERVICES&lt;br /&gt;&lt;br /&gt;- ENG STRUCTURED FINANCE&lt;br /&gt;&lt;br /&gt;ADDITIONAL MAJOR ASSETS OWNED&lt;br /&gt;&lt;br /&gt;- Century Bank Holdings (now CFX bank)&lt;br /&gt;&lt;br /&gt;- Leasing Company of Zimbabwe, Century Asset Managers)&lt;br /&gt;&lt;br /&gt;- Century Discount House&lt;br /&gt;&lt;br /&gt;- Hybri Micro-Finance Institution&lt;br /&gt;&lt;br /&gt;- Care Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- RestCel Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- Amalgamated Health Services  (Harare West Hospital )&lt;br /&gt;&lt;br /&gt;- 15% of OK Zimbabwe Limited&lt;br /&gt;&lt;br /&gt;- 15% of Zimplow Holdings Limited&lt;br /&gt;&lt;br /&gt;- 20% Medtech Holdings Limited&lt;br /&gt;&lt;br /&gt;- Hornet Re-Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- Pearl Pension Fund Management&lt;br /&gt;&lt;br /&gt;- 25 % Clan Holdings Limited &lt;br /&gt;&lt;br /&gt;- 25 % Zimbabwe News Papers Group - Zimpapers Limited&lt;br /&gt;&lt;br /&gt;- Allied Conveyor Belts PVT LTD&lt;br /&gt;&lt;br /&gt;- River Drilling PVT LTD&lt;br /&gt;&lt;br /&gt;- Real Estate including (Anastasia Court, Belgravia House, Thaine Building)&lt;br /&gt;&lt;br /&gt;- Various Listed ZSE Listed shares&lt;br /&gt;&lt;br /&gt;- Treasury Bills&lt;br /&gt;&lt;br /&gt;- GMB Bills&lt;br /&gt;&lt;br /&gt;- Cargill Commercial Paper&lt;br /&gt;&lt;br /&gt;- $ 4 billion - Alliance Capital Debenture (representing 123 million First Mutual Life shares)&lt;br /&gt;&lt;br /&gt;- 23 Million First Mutual Life shares &lt;br /&gt;This is relevant as it proves beyond any doubt that ENG was a solid Group of Companies. It was targeted out greed by plotters including senior politicians who wantedto loot and grab assets. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;(8)  This mêlée was nothing more than a ploy to infringe upon my citizenship rights and strip me of my assets; a well orchestrated political game to deny perceived enemies of the governor financial freedom. &lt;br /&gt;&lt;br /&gt;(9) My battle against civil asset forfeiture is one for the preservation of freedom and property. This is an important area as Zimbabwe seeks to portray an image of a  stable state with the rule of law and private property rights are protected and preserved.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;(10) All facts indicate to a grand miscarriage of Justice.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;(11) A miscarriage of justice occurred as ENG and its directors now bear the burden of proving their innocence. The preponderance of evidence, which means that the RBZ only must make a better case - however slight, than the property owner - ENG. &lt;br /&gt;(12) The 309 Century Financial Holdings Limited Million shares in question were sold through Fidelity Stock brokers on or around May 13, 2004. Within the same week an announcement was then made that CFX Bank was taking over Century Holdings. The shares were sold to Gono's reported consortium for Z$2,9 billion when ENG had spent $35 billion to accumulate the shares, thereby prejudicing ENG, Creditors, Investors and contributories of at least Z$32,1 billion. &lt;br /&gt;(13) As ENG Co-founder, Contributory and Shareholder, I wrote to the Zimbabwe Stock Exchange Chief Executive Mr Emmanuel Munyukwi asking for an investigation because we had agreed with the majority of creditors that the shares should not be sold but rather swapped with creditors and investors instead of selling them at an unreasonable price. But the 309 million Century /CFX Financial Holdings million shares were somehow clandestinely sold and that transaction enabled CFX Bank to take over Century Holdings Limited. &lt;br /&gt;(14) This allowed the reverse listing of CFX Bank on to the Zimbabwe Stock Exchange. Without those 309 million Century Holdings Limited million shares owned by ENG theCFX/Century merger would have never happened. Gono and his proxies became the new controlling shareholder of the new merged bank. Is this by design or accident? Gono then forced out the Mr Sean Maloney who had helped to put together the transaction. Mr Sean Maloney had to leave the country under unclear circumstances . Part of the same shares snatched From ENG were later transferred to Premier Bank Financial Holdings which is reportedly owned by Governor Gono .There has generally  been shuffling of shares which is normally associated with covering tracks of an illegal and irregular transaction. &lt;br /&gt;&lt;br /&gt;(15) ENG directors and contributories asked the high court to set aside the sale of the shares and the matter action is still before the courts in Harare. We asked Zimbabwe Stock Exchange Committee to investigate. They refused. We asked the brokers for the identity of the buyer of our shares. They refused. The brokers indicated they were under serious pressure from individuals they couldn't identify to maintain total secrecy on the identity of the buyer. Within a few days of raising the challenge of the CFX/Century shares Justice Minister  specified me without affording me a hearing or an enquiry as required by the Constitution of Zimbabwe . The was specification at the instigation of senior politicians who were eyeing assets held by ENG including Century/CFX Bank. The specification was meant to harass, cow, intimidate and silence me from raising further complaints and challenges regarding ENG assets specifically these 309 million shares in Century/CFX Financial Holdings. &lt;br /&gt;&lt;br /&gt;(16) Since the ENG shares in Century /CFX Bank  Financial Holdings were irregularly transferred  the Bank ownership remains in dispute. The ENG shareholders and contributories filed and sought a high court order to stop the transfer of the shares until the dispute had been resolved . The shares were still clandestinely transferred despite the pending high court application to resolve the dispute . After filing for this order MyLawyer the late Oscar Ziweni was also specified by the Minister of Justice and threatened ,harassed and intimidated until he went into hiding. However the point remains ENG Founders, Shareholders and Contributories still lay claim to these shares and stake in Century/ CFX BANK which were looted by Senior Government officials. &lt;br /&gt;&lt;br /&gt;In conclusion Interfin Holdings Limited should consider itself warned. Interfin should stay clear of CFX Bank until this matter is resolved. There are entities and individuals in Zimbabwe who erroneously believe they are above the law. They have the mistaken belief they can grab, loot, steal assets and get away with it. In the process they try to launder their loot through various disposals and restructurings such as the ones that were done at Century/CFX Bank. This is being fully documented. CFX Bank has had more than 5 Managing Directors in a space of 2 years .This shows the instability brought  about by being a disputed asset whilst the looters try to pull " strings" from behind the scenes. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;For the sake of transparency I am copying this letter to the following ; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Minister of Finance Zimbabwe &lt;br /&gt;Reserve Bank of Zimbabwe Governor -  Dr Gono &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Zimbabwe Stock Exchange CEO - Mr  Emmanuel Munyukwi &lt;br /&gt;&lt;br /&gt;CFX BANK Board of Directors &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Zimbabwe Parliament -Budget, Finance and Investment Promotion Members Below &lt;br /&gt;&lt;br /&gt;Hon Zhanda , Hon. Beremauro, Hon. Bhebhe A, Hon. Chinyadza, Hon. Cross, Hon. Khumalo ,M Hon. Madzimure, Hon. Mashakada, Hon. Matshalaga, Hon. Mudiwa, Hon. Muguti, Hon. Mukanduri, Hon. Ndava, Hon. Nyaude. Committee Clerk- Mr Ratsakatika &lt;br /&gt;My full contact details are below should you need any clarification. &lt;br /&gt;&lt;br /&gt;Yours Faithfully,&lt;br /&gt;&lt;br /&gt;Gilbert Muponda&lt;br /&gt;&lt;br /&gt;Toronto ,Canada &lt;br /&gt; &lt;br /&gt;Letter to CFX Bank Board of Directors&lt;br /&gt;&lt;br /&gt;       &lt;br /&gt;&lt;br /&gt;Board of Directors&lt;br /&gt;&lt;br /&gt;CFX Bank&lt;br /&gt;&lt;br /&gt;P.O.Box HG 472, &lt;br /&gt;&lt;br /&gt;Highlands,&lt;br /&gt;&lt;br /&gt;Harare , Zimbabwe. &lt;br /&gt;15 September 2009 &lt;br /&gt;&lt;br /&gt;Gentlemen, &lt;br /&gt;&lt;br /&gt;RE ; 309 MILLION CENTURY HOLDINGS SHARES FRAUDULENTLY CONVERTED INTO CFX BANK SHARES &lt;br /&gt;&lt;br /&gt;Gentlemen this letter is a reminder of your Fiduciary responsibilities as Directors of public Company. As you are aware CFX Bank is a product of fraudulent merger of Century Bank (owned by my company ENG Capital) and a much smaller CFX Bank  which somehow got naming rights on the resultant Bank. &lt;br /&gt;My claim is valid and legitimate and as a result will be pursued through all available options till a logical conclusion. At this stage it is important that  as Board you make a choice on whether you are prepared for a pro-longed  dispute. At this stage you have a duty to inform the investing public about the nature of this claim as it has a material impact on the Banks asset base and trading capacity. Failure to do so amounts to gross negligence on your part. &lt;br /&gt;&lt;br /&gt;As the majority shareholder I intend to exercise my fiduciary duty on behalf of my self as shareholder, founder and contributory of ENG capital to fully document and seek redress for the fraudulent transfer of shares which were used to merge Century Bank and CFXBank. CFX Bank was created as a result of a merger between CFX Bank and Century Bank. Century Bank was fraudulently merged with CFX Bank through the illegal and irregular transfer of 309,000,000 Century Holdings shares owned by ENG Capital and Companies owned or controlled by ENG Capital. Since this was a fraudulent and illegal transfer of ENG shares the plotters of the scheme renamed the resultant bank CFX Bank dropping the name "Century" in an effort to hide their tracks and attempt to remove any link with Century. ENG Capital owned a total of 900 Million shares in Century and the balance was transferred clandestinely to avoid detection of the fraud that was being perpetrated. &lt;br /&gt;I may seek relief through the courts as a last resort. At this time it is important to note we have observed several instances whereby the court's orders are ignored and dis-regarded and as such we will be seeking redress in jurisdictions beyond Zimbabwe. In addition we will be seeking redress jointly and severally from certain individuals and entities that are directly benefiting and seeking to aid and abet asset grab and asset looting that is now common in corporate Zimbabwe. &lt;br /&gt;&lt;br /&gt;The shares in question have changed the ownership at the start of my claim ?with a viewto evading the consequences of the litigation?. &lt;br /&gt;&lt;br /&gt;Various transactions and Company re-organization schemes with the ultimate aim of sanitizing asset looting and illegal expropriation of our Assets. The current proposed recapitalization exercise must be viewed in the same light as it now seeks to sell our illegally transferred shares into hands of another foreign Bank which will further hide the tracks of the illegal transaction. This must be documented and stopped. &lt;br /&gt;&lt;br /&gt;The Senior Management and Directors of CFX are co-conspirators in an elaborate scheme to defraud ENG Capital and its shareholders and contributories. They have falsely and fraudulently with others known and unknown, unlawfully, willfully, and knowingly did combine, conspire, confederate, and agree together and with each other tocommit offenses against ENG Capital to commit fraud in connection with the purchase, sale and transfer of the 309,000,000 Century Holdings Ordinary shares. &lt;br /&gt;&lt;br /&gt;Furthermore the directors of Century/ CFX provided false and misleading information toCFX?s regulators, Zimbabwe investing public ,auditors and concealed from them their falsification of Century/ CFXs books and records, and manipulation of data recorded in CFXs general ledger and subsidiary ledgers. Making and causing CFX to make untrue statements of material facts and omitting to state material facts necessary in order tomake the statements made. This was all done in an effort to hide the tracks of ENG Capital's controlling stake shares in Century/CFX Bank. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;As a detailed background in April 2003 ENG Capital Investments acquired Century Discount Holdings from Century Financial Holdings ( A ZSE listed Financial Holdings Firm).The purchase price was Z$1.5 billion then equivalent to US$ 3 million. The purchase price was paid in full. ENG then applied to the Registrar of Banks and Financial Institutions for the change of controlling shareholder approval which approvals were denied. &lt;br /&gt;&lt;br /&gt;After several attempts to get the underlying reasons for the denial I was informed that ? the Authorities? were not comfortable with ENG political inclination which they said remained ?unclear? in addition issue of the ENG Directors age was raised. We then triedto find out if Century Financial Holdings was in a position to refund ENG for the purchase price and to reverse the Century Discount House purchase. Century Holdings was not in a position to refund ENG. &lt;br /&gt;The only recourse was that ENG had to acquire Century Financial Holdings to mitigate any potential loss of outlay on the Century Discount house acquisition. As such ENG and its associated Companies acquired a total of 52% of Century Financial Holdings making Century and ENG subsidiary. &lt;br /&gt;&lt;br /&gt;After my arrest on fabricated charges ENG was placed into Provisional Liquidation as a way to secure the creditors. The creditors agreed to take shares held by ENG IN lieu of payment. As such the contributories, directors and lawyers and creditors agreed the shares should not be sold whilst a fair valuation was being negotiated. However we were shocked to read in the papers that a parcel of 309,000,000 Century shares belonging toENG had been sold through a pre-fixed special bargain transaction on or about 12 May 2004. The beneficiary to this transaction has remained a mystery even though we have reliable information as to the  ultimate beneficiaries. &lt;br /&gt;&lt;br /&gt;Within a week of this sell of shares it was announced that Century Bank will now be merged with CFX Bank and the new Bank will be called CFX Bank. It is clear the merger was a laundering transaction meant to hide and sanitize the illegal and irregular transfer of the shares owned by ENG.The name Century was immediately removed and the new entity rebranded CFX Bank despite the fact that Century Bank provided a majority of the assets and infrastructure of the new Bank. &lt;br /&gt;&lt;br /&gt;The so-called merger was only arranged to hide the true nature of the illegality of the transfer of ENG shares in Century. It is clear that without the illegal and irregular share transfer the merger would not have happened and would not have made any sense ,it was therefore just done to cover the tracks of the asset grab that had taken place &lt;br /&gt;&lt;br /&gt;Through our Lawyers Ziweni and Company we sought the identity of the buyer and alsoto clarify that the share sell was null and void as it had all whole marks of corruption, insider dealing and was being challenged by the beneficial owners of the shares. In addition the shares had been sold through a special bargain and not an open market transparent transaction. The shares were sold for an unrealistic amount of Z$ 3 billion when ENG Capital had acquired the same shares for at least Z$35 billion. This resulted in the prejudice of Z$ 32 billion to ENG Capital Creditors and Contributories/Shareholders. As such ENG Capital contributories were not fairly and justly paid for the value of the shares held by ENG Capital. Its this discrepancy that I want resolved and close the matter so that the Institution and My self can each focus on our future without any litigation or dispute lingering on. &lt;br /&gt;&lt;br /&gt;We also asked the Zimbabwe Stock Exchange to investigate and stop the share transfer. However due to the general prevailing atmosphere and fear to challenge ?authorities ? no one was willing to assist us to stop or challenge this illegal and irregular transfer of the shares to an ? unidentified? buyer believed to be a group of senior political figures. In this instance the Zimbabwe Stock Exchange did not act properly and prudently in defending and safeguarding shareholder interests. Given that we had raised a legitimate concern the share transfer should not have been permitted. &lt;br /&gt;The redress I seek will not in anyway affect the Bank employees and staff. The claim arises out of acts carried out about 5 years ago and subsequent other schemes and transactions meant to sanitize an illegal act. Clearly I have waited for 5 years hoping the plotters, CFX Management, Shareholders will seek to do the right thing and at least acknowledge this act and make amends as a way forward and ensure that the Bank can settle any such claims. I hope your judgement will not be clouded by the illusion that this claim will some how disappear or you can avoid being held accountable by the current unstable  and unpredictable environment in Zimbabwe. &lt;br /&gt;For the sake of transparency I am copying this letter to the following ;&lt;br /&gt;&lt;br /&gt;Minister of Finance Zimbabwe - Hon Tendai Biti &lt;br /&gt;&lt;br /&gt;Reserve Bank of Zimbabwe Governor ? Dr Gono &lt;br /&gt;&lt;br /&gt;Minister of Justice - Hon Patrick Chinamasa &lt;br /&gt;Zimbabwe Stock Exchange CEO ? Mr Emmanuel Munyukwi &lt;br /&gt;&lt;br /&gt;Yours Faithfully, &lt;br /&gt;&lt;br /&gt;Gilbert Muponda&lt;br /&gt;&lt;br /&gt;Toronto ,Canada &lt;br /&gt; &lt;br /&gt;Letter to Newsday Editor &lt;br /&gt;To the Editor &lt;br /&gt;&lt;br /&gt;Newsday &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;On August 25 2010 in the Newsday publication the Chairman of Interfin Farai Rwodzi blatantly misrepresented the facts of the ongoing dispute regarding the misappropriation of 309 million Century/CFX  Bank shares by Interfin. Farai Rwodzi recklessly and deceitfully caused to be published the following falsehoods, "Interfin is currently preoccupied with the thorny and cumbersome issue of post-merger consolidation and the process is fraught with challenges related to culture divergence and contingent liabilities related to labour disputes and equity claims being made against CFX. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The company last month paid Gilbert Muponda $5,3 million for equity allegedly transferred to the acquirer irregularly during the merger, but is still to reach common ground with former CFX employees, who have sued over wage arrears and severance packages." &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Such prevarication through a respected publication like yours is designed to give credence to a fictitious transaction that never occurred. Neither my legal representatives nor I have received compensation of any nature from Interfin, its directors or shareholders for the 309 million Century/CFX Bank shares embezzled from Century/CFX by Interfin.  &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Farai Rwodzi's fraudulent misrepresentation and gross distortion of facts fails to include material information which would significantly alter the interpretation of this matter fact. He arrogantly repudiates overtures for an amicable out of court settlement and yet admits in this Newsday interview of possession of my 309 million Century Bank shares. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;I would like to offer Farai Rwodzi an opportunity to attest to this claim of payment by submitting for publication to your esteemed paper, a signed copy of the settlement agreement between ourselves together with a copy of the payment cheque. &lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Thank you for your prompt attention to this matter. &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Meikles Africa ,Interfin and CFX Bank relationship &lt;br /&gt;&lt;br /&gt;          &lt;br /&gt;&lt;br /&gt;Dear Mr Moxon, &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;I am an exiled Zimbabwean called Gilbert Muponda.I had several of my assets unfairly seized from me by the GOVERNMENT and people linked to the Government .The most recent being Interfin which has taken over CFX Bank which was seized from me.I note that Meikles has recently appointed Mr Farai Rwodzi onto the Board.Mr Rwodi is Founder and Director at Interfin which I am in conflict with. &lt;br /&gt;The appointment of Mr Rwodzi onto the Meikles board may bring us into conflict as I seek to expose Interfin and the politicians behind it.I believe you may want to revise your relationship given the link between Interfin ,Mr RWODZI ,CFX Bank and looted assets.These matters will not disappear or just go away as we are preparing on going campaigns to expose those involved .This may jeorpadise your good name and respected brand.Below is one of the letters I wrote to Interfin explaining the basis of the dispute.I am also seeking any help you can provide in recovering my assets, &lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;The Board of Directors&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Interfin Holdings Limited&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;15th Floor, NSSA Building&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Cnr Sam Nujoma St/Julius Nyerere Way&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;HARARE&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;3 November 2009&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Attention: Mr. R. Njanike&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Dear Gentlemen and Ladies,&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;RE ; PROPOSED INTERFIN ACQUISITION OF MY BANK - CENTURY/CFX BANK LIMITED&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;I refer to various media reports which suggest Interfin Holdings Limited plans to acquire &lt;br /&gt;&lt;br /&gt;a controlling stake in My Bank Century/CFX Bank. I further refer to the letter from my &lt;br /&gt;&lt;br /&gt;lawyers Gutu and Chikowero Attorneys at Law dated 2 November 2009. I trust my Lawyers &lt;br /&gt;&lt;br /&gt;will effectively deal with this matter however I felt personally obliged to write to you &lt;br /&gt;&lt;br /&gt;as I believe I personally know you and several members of your senior staff and Directors.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Current CFX Bank lawyers are now peddling a totally morally corrupt and bankrupt argument that the shares were sold to pay off ENG Capital Holdings (ENG) Creditors and depositors. This can not go unchallenged. As you will recall when the RBZ victimized ENG the allegation was that ENG was bankrupt and it had no meaningful assets. It was further alleged that ENG only had expensive cars. The state media misled the public and investors into believing that ENG was a shelf Company involved in speculation and no meaningful investments had been made by ENG. It is unfortunate that a once reputable firm is now tryingto peddle a falsehood created by the plotters and state media in an effort to justify and sanitize fraud committed against me and ENG.  &lt;br /&gt;&lt;br /&gt;The real facts clearly show the ENG was solid and owned real assets such as Century/CFX Bank. It is clear ENG held highly valuable assets beyond the cars that were being over hyped in state media to divert public attention whilst ENG real assets such as Century/CFX Bank were being looted and grabbed by senior politicians and high ranking Government officials.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;If ENG as already proven owned Century/CFX Bank then how could ENG have been bankrupt and how could investing in buying a Bank be classified as speculation? Is it not clear that ENG was targeted due togreedy of certain individuals who wanted to loot and grab ENG's Assets such as Century/CFX Bank? ENG was targeted in a grand fraud scheme to strip me and ENG of various assets including Century/CFX Bank. The allegations of speculation and other financial irregularities were created by the plotters using state media and other hijacked state Institutions to mask the fraud and theft which was being committed against me and ENG.  &lt;br /&gt;&lt;br /&gt;At this stage it is not important to look at ENG legal status. What is in question here is CFX Bank's legal status and how CFX Bank snatched ENG shares.CFX Bank needs to show an Independently verified and audit trail showing how it took over Century Bank .Who bought the 309 million shares? Why were the shares sold through a special bargain? What favors were involved? Why is it that within the same week of the 309 million shares being sold it was then immediately announced that Century Bank would be merged with CFX Bank? Is this not a clear case of corruption and insider trading? Why didn't the RBZ and ZSE stop and investigate such clear insider trading and corruption?&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;1 - It is widely reported that Finance Bank Zambia and their Swiss Financiers have &lt;br /&gt;&lt;br /&gt;developed cold feet on their previous intention on investing in CFX/Century Bank after &lt;br /&gt;&lt;br /&gt;receiving the details of my claim. This is important as it confirms the legitimacy and &lt;br /&gt;&lt;br /&gt;seriousness of the Century/CFX Bank ownership dispute .First its confirms that Finance &lt;br /&gt;&lt;br /&gt;Bank and their Swiss Financiers have done their own back ground investigations plus due &lt;br /&gt;&lt;br /&gt;diligence and have satisfied themselves that my claim is real, justified, serious and &lt;br /&gt;&lt;br /&gt;legitimate. &lt;br /&gt;&lt;br /&gt;Secondly they have correctly assessed that reputation risk of investing in a &lt;br /&gt;&lt;br /&gt;looted asset is too grave in this modern day where money and transaction laundering are &lt;br /&gt;&lt;br /&gt;serious International crimes. Thirdly they have been correctly been advised of the &lt;br /&gt;&lt;br /&gt;drastic and dramatic consequences of investing in an asset where a crime has been &lt;br /&gt;&lt;br /&gt;committed in dispossessing the legitimate owner of the asset. &lt;br /&gt;&lt;br /&gt;The question then is if &lt;br /&gt;&lt;br /&gt;Finance Bank and their Swiss Financiers have seen that the risk is too high how can &lt;br /&gt;&lt;br /&gt;Interfin which is way smaller in terms of resources can try to assume risk which the &lt;br /&gt;&lt;br /&gt;Worlds second largest re-insurer is not prepared to take?&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;2 - You are receiving this letter as notification of the course of action spearheaded &lt;br /&gt;&lt;br /&gt;on behalf of myself, my company ENG CAPITAL (PVT) LTD (ENG) and its directors in our effort to &lt;br /&gt;&lt;br /&gt;recover at least 309 000,000 (309 million) and up to 900,000,000 (Nine hundred Million), &lt;br /&gt;&lt;br /&gt;Century Bank shares fraudulently converted into CFX Bank shares. The fraud was masked as &lt;br /&gt;&lt;br /&gt;a merger between Century Bank and CFX Bank but after the merger Century name was dropped &lt;br /&gt;&lt;br /&gt;to cover the tracks of the fraud. The dispute was triggered by the special bargain sale &lt;br /&gt;&lt;br /&gt;of 309,000,000 shares but the total shares owned by ENG were 900,000,000 the balance was &lt;br /&gt;&lt;br /&gt;transferred in peace-meal fashion to avoid detection of the fraud and transaction &lt;br /&gt;&lt;br /&gt;laundering that was being perpetrated.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;3 - As you may-be aware I am currently living in exile in Toronto, Canada. I am a &lt;br /&gt;&lt;br /&gt;founder, shareholder and Contributory of ENG Capital (PVT) LTD .I am sure you are fully &lt;br /&gt;&lt;br /&gt;aware of the back ground to this letter as various subsidiaries of my Company ENG were a &lt;br /&gt;&lt;br /&gt;counter parties to your Bank. It is well known that I was the first person arrested in &lt;br /&gt;&lt;br /&gt;the 2003-2004 so-called anti graft campaign by Gideon Gono immediately after he took over &lt;br /&gt;&lt;br /&gt;at the RBZ on fabricated charges and allegations.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;4 - In the process of being dispossessed on my assets and ENG assets I was arrested, &lt;br /&gt;&lt;br /&gt;abused, beaten, harassed, tortured, denied food, medicine, water and sleep all in an &lt;br /&gt;&lt;br /&gt;effort to get me to confess to false charges whilst my assets were being stripped from &lt;br /&gt;&lt;br /&gt;me. In addition I was forced to sleep with dead bodies and share blankets with people &lt;br /&gt;&lt;br /&gt;suffering from infectious diseases as a way to weaken my resolve and coerce me to &lt;br /&gt;&lt;br /&gt;surrender my fight to protect my Company and my assets.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;5 - Several other Banking Executives were later haunted, arrested, intimidated and &lt;br /&gt;&lt;br /&gt;others forced into exile. Their Banks and other Financial Institutions were closed, &lt;br /&gt;&lt;br /&gt;expropriated or taken over by Government or senior politicians. The affected individuals &lt;br /&gt;&lt;br /&gt;include Messrs Nicholas Vingirai - Intermarket Financial Holdings, William Nyemba - Trust &lt;br /&gt;&lt;br /&gt;Banking Corporation, Jeff Muzwimbi - Royal Bank and Dr Mthuli Ncube - Barbican Bank and &lt;br /&gt;&lt;br /&gt;myself Gilbert Muponda of ENG Capital and Century Bank now CFX Bank. Mr Raymond Njanike I &lt;br /&gt;&lt;br /&gt;believe you should be more aware of some of the exact facts relating to these case since &lt;br /&gt;&lt;br /&gt;you were at the time a Managing Director of Trust Discount House which was part of the &lt;br /&gt;&lt;br /&gt;affect Institutions.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;6 - It is now a well known fact that the allegations raised against all the above &lt;br /&gt;&lt;br /&gt;business people were a smokescreen to divert public attention and also strip these &lt;br /&gt;&lt;br /&gt;individuals of the Businesses and assets. These business people have maintained their &lt;br /&gt;&lt;br /&gt;innocence from day one despite being demonized , scandalized and criminalized. All of &lt;br /&gt;&lt;br /&gt;them are at various stages of reclaiming their Banks and assets which were taken under a &lt;br /&gt;&lt;br /&gt;dark cloud under the guise of anti-graft hyped campaign. This is relevant back ground to &lt;br /&gt;&lt;br /&gt;give a general understanding of the circumstances giving rise to this claim and dispute.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;7 - These allegations were a smokescreen created to allow the grabbing of my assets and &lt;br /&gt;&lt;br /&gt;those owned by my Company ENG Capital (PVT) LTD. In the process of being dispossessed on &lt;br /&gt;&lt;br /&gt;my assets and ENG assets I was arrested, abused, beaten, harassed, tortured, denied food, &lt;br /&gt;&lt;br /&gt;medicine, water and sleep all in an effort to get me to confess to false charges whilst &lt;br /&gt;&lt;br /&gt;my assets were being stripped from me. In addition I was forced to sleep with dead bodies &lt;br /&gt;&lt;br /&gt;and share blankets with people suffering from infectious diseases as a way to weaken my &lt;br /&gt;&lt;br /&gt;resolve and coerce me to surrender my fight to protect my Company and my assets. It is &lt;br /&gt;&lt;br /&gt;only natural justice that assets seized under such conditions be returned or compensation &lt;br /&gt;&lt;br /&gt;be paid and those responsible held accountable&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;8 - CFX BANK/Century Bank was unlawfully and illegally seized from my Company by the &lt;br /&gt;&lt;br /&gt;Government of Zimbabwe using various means and schemes. The proposed investment by &lt;br /&gt;&lt;br /&gt;Interfin Holdings Limited represents a blatantly transaction and money laundering act &lt;br /&gt;&lt;br /&gt;meant to hide the tracks of the preceding illegal seizure of my asset (CFX BANK) by the &lt;br /&gt;&lt;br /&gt;Zimbabwe Government using various illegal and cruel means. For this reason it is not a &lt;br /&gt;&lt;br /&gt;wise investment by Interfin Holdings Limited as legal action is pending and in process to &lt;br /&gt;&lt;br /&gt;reclaim the stolen assets which are now being sanitized through various disposals and &lt;br /&gt;&lt;br /&gt;investments?.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;9 - Interfin Holdings Limited are trying to buy an Asset (CFX Bank) which was looted &lt;br /&gt;&lt;br /&gt;and expropriated from me and my Company. This is not right and must not be allowed to &lt;br /&gt;&lt;br /&gt;happen. Interfin Holdings Limited is exposing itself to serious reputation risk as this &lt;br /&gt;&lt;br /&gt;ownership wrangle is definitely going to drag its name and brand into asset looting and &lt;br /&gt;&lt;br /&gt;expropriation that is currently going on in Zimbabwe. In addition the Directors and &lt;br /&gt;&lt;br /&gt;Senior Management of Interfin are exposing themselves to serious personal risk which may &lt;br /&gt;&lt;br /&gt;affect their ability to do business and legitimate transactions outside Zimbabwe. In &lt;br /&gt;&lt;br /&gt;addition this risk may become contagion and affect every other entity or individual &lt;br /&gt;&lt;br /&gt;associated with Interfin Holdings Limited.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;10 - Through notice of this letter should Interfin Holdings Limited choose to continue &lt;br /&gt;&lt;br /&gt;to Finance an illegal and money laundering transaction it will become party to the &lt;br /&gt;&lt;br /&gt;pending litigation and be exposed to the attendant reputation risk.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;11 - This is an on going effort to hold responsible those who looted assets and are now &lt;br /&gt;&lt;br /&gt;trying launder their loot. All efforts are being made to pursue available legal channels &lt;br /&gt;&lt;br /&gt;in multi-jurisdictions to ensure that the individuals and entities responsible are held &lt;br /&gt;&lt;br /&gt;accountable for their actions. Please be guided accordingly as Interfin can easily be enjoined in the proceedings.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;12 - At all times relevant to this document ENG was a corporation organized under the &lt;br /&gt;&lt;br /&gt;laws of the Republic of Zimbabwe with its head office in Harare and be advised that I was &lt;br /&gt;&lt;br /&gt;unlawfully separated from my business by the RBZ with the connivance of the CFX &lt;br /&gt;&lt;br /&gt;directors.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;13 - The shares in question have changed the ownership at the start of my claim ?with a &lt;br /&gt;&lt;br /&gt;view to evading the consequences of the litigation?.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;14 - Various transactions and Company re-organization schemes with the ultimate aim of &lt;br /&gt;&lt;br /&gt;sanitizing asset looting and illegal expropriation of our Assets.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;15 - It is important that your Organization avoids being a conduit to a money and asset &lt;br /&gt;&lt;br /&gt;laundering scheme.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;16 - The current and preceding Directors of CFX with a view to concealing the true &lt;br /&gt;&lt;br /&gt;owners of shares in Century Bank later converted to CFX Bank and entered into a secret &lt;br /&gt;&lt;br /&gt;arrangement with the Governor of the RBZ, whereby the latter acquired the shares, &lt;br /&gt;&lt;br /&gt;obtained a specification order for all ENG directors thereon, brought the Century Bank &lt;br /&gt;&lt;br /&gt;shares to sale under execution and purchased the shares for a new company CFX Bank, &lt;br /&gt;&lt;br /&gt;organized later in which the RBZ Governor has a large interest through nominees.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;17 - The allotment of shares to the GOZ in the new CFX Bank is proportionate to those &lt;br /&gt;&lt;br /&gt;held by ENG in Century Bank and the CFX directors agreed with the RBZ Governor not reveal &lt;br /&gt;&lt;br /&gt;this understanding to the other shareholders.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;18 - ENG, Shareholders and Contributories and its directors have established a prima &lt;br /&gt;&lt;br /&gt;facie case against Century/CFX Limited and intend to appoint a forensic auditor, whose &lt;br /&gt;&lt;br /&gt;mandate shall be to determine the true nature of CFX?s shares.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;19 - Century bank was a public company listed on the ZSE. This means the records of the &lt;br /&gt;&lt;br /&gt;various ownership changes are available and Interfin Holdings Limited need to do a proper &lt;br /&gt;&lt;br /&gt;Shareholder Audit Trail to verify the ENG ownership claim. In particular Interfin &lt;br /&gt;&lt;br /&gt;Holdings Limited should ask for the Century/CFX Bank audited share register as at 31 &lt;br /&gt;&lt;br /&gt;December 2003 and 12 May 2004.This will confirm that indeed Century/CFX Bank was owned &lt;br /&gt;&lt;br /&gt;and controlled by me and ENG Capital.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;20 - The directors of Century/CFX are co-conspirators in an elaborate scheme to defraud &lt;br /&gt;&lt;br /&gt;ENG. They have falsely and fraudulently with others known and unknown, unlawfully, &lt;br /&gt;&lt;br /&gt;willfully, and knowingly did combine, conspire, confederate, and agree together and with &lt;br /&gt;&lt;br /&gt;each other to commit offenses against ENG to commit fraud in connection with the purchase &lt;br /&gt;&lt;br /&gt;and sale of securities issued.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;21 - Furthermore the directors of Century/CFX provided false and misleading information &lt;br /&gt;&lt;br /&gt;to CFX?s auditors and concealed from them their falsification of CFX?s books and records, &lt;br /&gt;&lt;br /&gt;and manipulation of data recorded in CFX?s general ledger and subsidiary ledgers. making &lt;br /&gt;&lt;br /&gt;and causing CFX to make untrue statements of material facts and omitting to state &lt;br /&gt;&lt;br /&gt;material facts necessary in order to make the statements made, in the light of the &lt;br /&gt;&lt;br /&gt;circumstances under which they were made, not misleading&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;22 - For the foregoing reasons, your Proposed investment in CFX /Century Bank Zimbabwe, &lt;br /&gt;&lt;br /&gt;the bank ownership transfer is subject to an on going dispute .This transaction will &lt;br /&gt;&lt;br /&gt;expose your Bank to high reputation risk as the dispute may entangle your Organization as &lt;br /&gt;&lt;br /&gt;the Rightful owners of CFX /Century Bank seek to reclaim their stolen shares and Bank. At &lt;br /&gt;&lt;br /&gt;this stage it is also important to note that any dispute will entangle all Directors and &lt;br /&gt;&lt;br /&gt;Major shareholders in their personal capacity.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;23 - I have proven that Century/CFX Bank was owned by me and ENG Capital. I have &lt;br /&gt;&lt;br /&gt;further proven that Century/CFX Bank was unlawfully, illegally and irregularly taken from &lt;br /&gt;&lt;br /&gt;me through fraud, false imprisonment, torture, harassment. It therefore follows that any &lt;br /&gt;&lt;br /&gt;transaction undertaken to sanitize such illegal actions in grabbing someone's assets &lt;br /&gt;&lt;br /&gt;amounts to transactions laundering. And money Laundering. I am sure your organization &lt;br /&gt;&lt;br /&gt;does not wish to be party to such serious international crime. As Bankers I am sure you &lt;br /&gt;&lt;br /&gt;are aware of the serious consequences of trying to launder transactions and sanitize &lt;br /&gt;&lt;br /&gt;illegal transactions. The risk involved is not worth it as Finance Bank Zambia and their &lt;br /&gt;&lt;br /&gt;Swiss Partners have concluded.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;24 - As a detailed background in April 2003 ENG Capital Investments acquired Century &lt;br /&gt;&lt;br /&gt;Discount Holdings from Century Financial Holdings ( A ZSE listed Financial Holdings &lt;br /&gt;&lt;br /&gt;Firm).The purchase price was Z$1.5 billion then equivalent to US$ 3 million. The purchase &lt;br /&gt;&lt;br /&gt;price was paid in full. ENG then applied to the Registrar of Banks and Financial &lt;br /&gt;&lt;br /&gt;Institutions for the change of controlling shareholder approval which approvals were &lt;br /&gt;&lt;br /&gt;denied.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;25 - After several attempts to get the underlying reasons for the denial I was informed &lt;br /&gt;&lt;br /&gt;that ? the Authorities were not comfortable with ENG political inclination which they &lt;br /&gt;&lt;br /&gt;said remained unclear in addition issue of the ENG Directors age was raised. We then &lt;br /&gt;&lt;br /&gt;tried to find out if Century Financial Holdings was in a position to refund ENG for the &lt;br /&gt;&lt;br /&gt;purchase price and to reverse the Century Discount House purchase. Century Holdings was &lt;br /&gt;&lt;br /&gt;not in a position to refund ENG.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;26 - The only recourse was that ENG had to acquire Century Financial Holdings to &lt;br /&gt;&lt;br /&gt;mitigate any potential loss of outlay on the Century Discount house acquisition. As such &lt;br /&gt;&lt;br /&gt;ENG and its associated Companies acquired a total of 52% of Century Financial Holdings &lt;br /&gt;&lt;br /&gt;making Century an ENG subsidiary. The audited shareholder register of Century/CFX Bank as &lt;br /&gt;&lt;br /&gt;at 31 December 2003 and 12 May 2004 will confirm this material fact.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;27 - After my arrest on fabricated charges ENG was placed into Provisional Liquidation &lt;br /&gt;&lt;br /&gt;as a way to secure the creditors. The creditors agreed to take shares held by ENG IN lieu &lt;br /&gt;&lt;br /&gt;of payment. As such the contributories, directors and lawyers and creditors agreed the &lt;br /&gt;&lt;br /&gt;shares should not be sold whilst a fair valuation was being negotiated. However we were &lt;br /&gt;&lt;br /&gt;shocked to read in the papers that a parcel of 309,000,000 Century shares belonging to &lt;br /&gt;&lt;br /&gt;ENG had been sold through a pre-fixed special bargain transaction on or about 12 May &lt;br /&gt;&lt;br /&gt;2004. The beneficiary to this transaction has remained a mystery even though we have &lt;br /&gt;&lt;br /&gt;reliable information as to the probable ultimate beneficiaries.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;28 - Within a week of this sale of shares it was announced that Century Bank will now &lt;br /&gt;&lt;br /&gt;be merged with CFX Bank and the new Bank will be called CFX Bank. It is clear the merger &lt;br /&gt;&lt;br /&gt;was a laundering transaction meant to hide and sanitize the illegal and irregular &lt;br /&gt;&lt;br /&gt;transfer of the shares owned by ENG. The name Century was immediately removed and the new &lt;br /&gt;&lt;br /&gt;entity rebranded CFX Bank despite the fact that Century Bank provided a majority of the &lt;br /&gt;&lt;br /&gt;assets and infrastructure of the new Bank.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;29 - The so-called merger was only arranged to hide the true nature of the illegality &lt;br /&gt;&lt;br /&gt;of the transfer of ENG shares in Century. It is clear that without the illegal and &lt;br /&gt;&lt;br /&gt;irregular share transfer the merger would not have happened and would not have made any &lt;br /&gt;&lt;br /&gt;sense ,it was therefore just done to cover the tracks of the asset grab that had taken &lt;br /&gt;&lt;br /&gt;place.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Through our Lawyers Ziweni and Company we sought the identity of the buyer and also to &lt;br /&gt;&lt;br /&gt;clarify that the share sell was null and void as it had all whole marks of corruption, &lt;br /&gt;&lt;br /&gt;insider dealing and was being challenged by the beneficial owners of the shares. In &lt;br /&gt;&lt;br /&gt;addition the shares had been sold through a special bargain and not an open market &lt;br /&gt;&lt;br /&gt;transparent transaction. We also asked the Zimbabwe Stock Exchange to investigate and &lt;br /&gt;&lt;br /&gt;stop the share transfer.  &lt;br /&gt;However due to the general prevailing atmosphere and fear to &lt;br /&gt;&lt;br /&gt;challenge authorities no one was willing to assist us to stop or challenge this &lt;br /&gt;&lt;br /&gt;illegal and irregular transfer of the shares to an unidentified buyer believed to be a &lt;br /&gt;&lt;br /&gt;group of senior political figures. In this instance the Zimbabwe Stock Exchange did not &lt;br /&gt;&lt;br /&gt;act properly and prudently in defending and safeguarding shareholder interests. Given &lt;br /&gt;&lt;br /&gt;that we had raised a legitimate concern the share transfer should not have been &lt;br /&gt;&lt;br /&gt;permitted.   &lt;br /&gt;&lt;br /&gt;This matter is well documented and for easy of reference please refer to the following websites which have been specifically created to document this ownership dispute &lt;br /&gt;&lt;br /&gt;(a) - http://www.cfxbank.com &lt;br /&gt;&lt;br /&gt;(b) - http://www.cfxbank.blogspot.com&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Given the above it is clear Interfin should not interpose itself in an ongoing &lt;br /&gt;&lt;br /&gt;ownership dispute which has been in the courts for the last 5 years. Should it be necessary measures are already underway to create another website to deal with Interfin and document .&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;For the sake of transparency I am copying this letter to the following ;&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Minister of Finance Zimbabwe - Hon T.L Biti&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Reserve Bank of Zimbabwe Governor - Dr Gono&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Zimbabwe Stock Exchange CEO - Mr Emmanuel Munyukwi&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;CFX BANK Board of Directors&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Zimbabwe Parliament -Budget, Finance and Investment Promotion Members Below&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Hon Zhanda , Hon. Beremauro, Hon. Bhebhe A, Hon. Chinyadza, Hon. Cross, Hon. Khumalo ,M &lt;br /&gt;&lt;br /&gt;Hon. Madzimure, Hon. Mashakada, Hon. Matshalaga, Hon. Mudiwa, Hon. Muguti, Hon. &lt;br /&gt;&lt;br /&gt;Mukanduri, Hon. Ndava, Hon. Nyaude. Committee Clerk- Mr Ratsakatika&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;My full contact details are below should you need any clarification.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;Yours Faithfully,&lt;br /&gt;&lt;br /&gt;Gilbert Muponda  &lt;br /&gt;&lt;br /&gt; My Letter to Interfin warning them not to buy CFX Bank &lt;br /&gt;&lt;br /&gt;The Shareholders&lt;br /&gt;&lt;br /&gt;Interfin Holdings Limited&lt;br /&gt;&lt;br /&gt;15th Floor, NSSA Building&lt;br /&gt;&lt;br /&gt;Cnr Sam Nujoma St/Julius Nyerere Way&lt;br /&gt;&lt;br /&gt;HARARE &lt;br /&gt;&lt;br /&gt;4 November 2009 &lt;br /&gt;&lt;br /&gt;Attention: Mr. R. Njanike &lt;br /&gt;Dear Gentlemen and Lady, &lt;br /&gt;RE: PROPOSED INTERFIN ACQUISITION OF MY BANK - CENTURY/CFX BANK LIMITED &lt;br /&gt;&lt;br /&gt;I refer to various media reports which suggest Interfin Holdings Limited plans toacquire a 51% stake in My Bank Century/CFX Bank. Further reference is made tothe letter from my lawyers Gutu and Chikowero Attorneys at Law dated 2 November 2009 and my letter of yesterday to your Board of Directors. The purpose of this letter is to warn Interfin Financial Holdings Limited not tointerpose itself in the CFX ownership dispute as you may regret that transaction. Interfin should not meddle in this as the consequences will be dire. Finance Bank of Zambia and its Swiss Financiers pulled out of this transaction because of the unresolved ownership dispute. How can Interfin ignore this? &lt;br /&gt;&lt;br /&gt;(1) Current CFX Bank lawyers a flaunting around their legal opinion as fact. Firstly CFX Bank lawyers are compromised as they cannot provide an Independent legal opinion in a matter in which they have an interest since they are representing the respondent. They have a conflict of interest and should have refused themselves in providing the legal opinion. It appears as though they just provided this legal opinion to earn fees knowing fully well that their opinion in this matter was not even worth the piece of paper it was written on. &lt;br /&gt;(2) Their purported legal opinion is rather misplaced and misdirected in as much as it seeks to analyze current ENG legal status .The current status is immaterial since we are trying to correct fraud and theft which resulted in ENG being incapacitated. &lt;br /&gt;(3) Further CFX Bank Lawyers are assuming that since I remain specified in Zimbabwe therefore I have no capacity to vigorously pursue this matter. This is fallacious and ill advised .I hope the same lawyers are aware that Financial Markets do not operate in a vacuum and in the bigger scheme of things Financial Markets are not controlled from Harare. As indicated previously no stone will be left unturned till justice prevails on this matter. This means all legal options are on the table and legal action is being pursued in several jurisdictions. &lt;br /&gt;&lt;br /&gt;(4) CFX Bank lawyers are further peddling a tired lie that the shares were being sold to pay off ENG creditors. This totally ignores where the matter started and how it developed into a crisis. The original and official allegation was that ENG Capital was a brief case Company which had no meaningful assets. ENG and I were further demonized and smeared, that the only visible assets acquired were cars. Shouldn't CFX Lawyers be addressing this anomaly? How can a brief case Company own 309 million shares in a Bank? How come the public was not clearly told that ENG owned a Bank .Why was there over focus on cars which made up less than 1% of ENG's Capital base? Assuming for one moment that ENG had real problems, why wasn't it well advertised that even though ENG was having problems it owned a Bank and bidders would be invited to take over that Bank and pay a fair price? Why was the disposal being done clandestinely and under cover of darkness? &lt;br /&gt;(5) ENG was sufficiently liquid and solvent to meet its liabilities but despite all this its cheques were being bounced and dishonored. This act alone of bouncing and dishonoring cheques of a Financial Institution creates panic and an impression of a Bankrupt Institution. It must be noted that First Mutual Life and National Discount House, being ENG counter parties in fact sued Zimbank for irregularly dishonoring ENG cheques at a time when the ENG account was fully funded and had sufficient funds to meet its liabilities. This clearly confirms a well calculated campaign to close down ENG and grab its assets. &lt;br /&gt;(6) I am sure you were told that ENG CAPITAL had many cars, and these cars were the only assets that ENG had. The correct and accurate facts are that ENG was a Group of Companies of which the Companies had Directors, Managers and employees and the cars were for the use of these members of staff who ran the various companies which made up ENG CAPITAL. &lt;br /&gt;&lt;br /&gt;(7) ENG Capital group had a market value of US$ 175 million, just before the RBZ descended on the Institution. &lt;br /&gt;Below is a brief ENG Group Structure; &lt;br /&gt;ENG HOLDINGS GROUP STRUCTURE&lt;br /&gt;&lt;br /&gt;- SUBSIDIARIES&lt;br /&gt;&lt;br /&gt;- ENG CAPITAL INVESTMENTS PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG ASSET MANAGEMENT PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG REAL ESTATE&lt;br /&gt;&lt;br /&gt;- ENG NOMINEES PVT LTD&lt;br /&gt;&lt;br /&gt;- ENG PRIVATE EQUITY (PVT) LTD&lt;br /&gt;&lt;br /&gt;- ENG CAPITAL ADVISORY SERVICES&lt;br /&gt;&lt;br /&gt;- ENG STRUCTURED FINANCE&lt;br /&gt;&lt;br /&gt;ADDITIONAL MAJOR ASSETS OWNED&lt;br /&gt;&lt;br /&gt;- Century Bank Holdings (now CFX bank)&lt;br /&gt;&lt;br /&gt;- Leasing Company of Zimbabwe, (Century Asset Managers)&lt;br /&gt;&lt;br /&gt;- Century Discount House&lt;br /&gt;&lt;br /&gt;- Hybri Micro-Finance Institution&lt;br /&gt;&lt;br /&gt;- Care Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- RestCel Insurance PVT LTD&lt;br /&gt;&lt;br /&gt;- Amalgamated Health Services (Harare West Hospital )&lt;br /&gt;&lt;br /&gt;- 15% of OK Zimbabwe Limited&l
