Minister in Deportation Fiasco Linked to Company “Theft”
The department of registrar of companies has come under scrutiny after a Malawian couple forged documents and successfully took over ownership of a duly registered firm.
Our investigation show that the company - Affordable Glass and Aluminum, based in Blantyre, is owned by two South African partners. They established the company in Malawi in 2012.
Company owners Shaunez James and Wyne Thomas James are now pushing to find justice in the courts but, they face another legal battle as Homeland Security Minister Nicolus Dausi ordered for their deportation from Malawi five days before they could have their matter heard in court.
Lawyer for the two accused persons, Zakeera Azziz Jussab and Muhamad Raees Gatee, Mr. Gabriel Kambale says the accusations are baseless.”
“The matter is in court but our view is that the accusations are baseless.” Kambale told Zodiak online in an email response.
Owners of the company are convinced that the two suspects may have connived with the minister or the chief immigration officer to secure the deportation of Mr. James with an intention to frustrate the criminal case.
Shauneez James, wife to Mr. James and a partner in the business told Zodiak Online “the alleged reasons for the deportation of my husband is that he is a threat to public safety, defense, public order and public health, this is incorrect and absurd.”
She says they had an agreement with Mr. Gatee to take over ownership of the company but that Mr. Gatee went ahead to change ownership papers and bank accounts before he could pay takeover fees.
“They refused to pay takeover fees and we took legal action against them at which point we begun discovering evidence of manipulation of bank accounts, tax information as well as the fake registration certificate,” She added.
Our findings show that the ploy to take over ownership of Affordable Glass and Aluminum through what now appears to be dubious means by some individuals started in 2016.
Mr. Gatee has family ties with Mr. James.
We understand a bank had raised the red flag to owners after observing some money transfers.
Our sources in the company say at this point, close to 50 million kwacha had been withdrawn from the company accounts in cash.
Our sources further claim that a number of cash deals were concealed from the two rightful owners of the company.
Zodiak has seen two certificates of registration bearing different names of owners but same company name.
Ministry of justice spokesperson Pilirani Masanjala could not provide further details when asked about the purported fake certificate that bears the names Zakeera Azziz Jussab and Muhamad Raees Gatee and no signature but a name of assistant registrar F. E. Chibisa.
The purported original certificate bears both the signature and name of Assistant registrar F. E. Chibisa.
18 September 2019, lawyer Kuleza Richard Phokoso wrote Registrar of companies for an official search of the business name and owners.
On 20 September 2019, a search report by the Registrar which we have in possession confirmed the company Affordable Glass and Aluminum belongs to Shaunez James and Wayne Thomas James.
At this point, the owners sought court intervention and on October 21, 2019, magistrate Soka Banda of Blantyre magistrates court issued a warrant of arrest against suspects Mohamed Reese Gatee and Zakeera Aziz Jussab.
They were to face three counts of Forgery, uttering false documents, Evasion of liability by false presence.
Court documents show that a criminal Case was set to go in court on January 16 2020 at Blantyre magistrate court.
But on January 10, 2020, Homeland Security Minister Nicolus Dausi signed a deportation order for the complainant Wyne Thomas James to leave Malawi in 2 days.
Mr. James was dramatically forced out of Malawi on 11 January.
Mr. James has since sued the Minister of Homeland Security, Chief immigration officer and Police inspector General for unlawful deportation. Minister Dausi has declined to comment saying the matter is in court. Police spokesperson James Kadadzera also declined to comment.
But lawyer for Mr. James Mr. Kuleza Richard Phokoso maintains the minister erred.
“Under the constitution, my client should have been heard before being deported, that did not happen,” He said
Added Counsel Phokoso “It is that injustice that we would like to challenge,”
This matter was set for an inter-parte hearing on January 31, 2020 before Justice Joseph Chigona in Blantyre, but it failed because according to counsel Phokoso, Malawi’s immigration authorities did not allow his client to check in at O. R. Tambo international Airport in South Africa for a flight to Malawi. This was despite a court order for him to travel for a court appearance.