Homeland Minister Sued In Matter Related to Company ‘Hijack’
The department of registrar of companies has come under scrutiny after a Malawian couple allegedly forged documents and managed to take over ownership of a duly registered firm in the name of two South African partners.
Our investigation show that the company - Affordable Glass and Aluminum, based in Blantyre, is owned by the two South African partners.
The company was established 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, Gabriel Kambale says the accusations are without basis.
“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 his deportation with an intention to frustrate the criminal case.
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.
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Our sources in the company say at this point, close to 50 million Kwacha had been withdrawn from the company accounts in cash.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 Online 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. His wife and kids follow later.
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 adding “It is that injustice that we would like to challenge,”
This matter is set for an inter-parte hearing on January 31, 2020 before Justice Joseph Chigona in Blantyre.