FORMER Amazulu Football Club owner and businessman Delma Lupepe has been sucked in a messy fight over allegations of fraudulently grabbing a mine in Matopo District.
Lupepe also a former Zimpapers board member allegedly grabbed Duive Enterprises Private Limited through the aid of a disgruntled mining company shareholder Bekithemba Maphosa.
According to documents in our possession, Lupepe stands accused of taking over Duive Enterprise which was was originally founded in 1999 by youths led by Innocent Mlandu Siziba.
In 2010, Siziba invested interests in gold mining before applying for an abandoned Gold Mine in the Matopo District at Nyadeni farm 1091, which was formerly Nugget Mine and invited other directors to join the enterprise.
The documents further show that Nugget Mine whose land owner is the Matopos National Parks last functioned in 1992 under a Mr Range.
After successfully applying for the land Duive Enterprise then invited new directors which include siziba, Maphosa, Auther Mutaisi, Stanley Dube, Keen Gatsi and Shepard Ngwenya with Siziba being the only shareholder with 1000 shares.
After that the documents reveal that the shareholders paid for National Parks fees and applied with the Parks, Mines Ministry and government under the government's Indigenous programme and Duive Enterprise was awarded with a Special Mining Grant in 2013.
The documents also show that a share structure was then immediately agreed on upon acquiring the Special Grant accordingly to input therefore agreeing siziba 6000 plus original 1000 making it 7000, Maphosa taking 6000 as they were the ones on ground and Mutaisi taking 1000 as his duty was administrative.
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The remaining shares were to be awarded to an investor as agreed upon capital and machinery injection into the Duive Enterprises Mining Venture.
However, according to the documents, on the 27th of May 2014, Maphosa turned against his colleagues and allegedly attempted to change the company structure and issued himself additional 6000 shares without consent or knowledge of other partners.
A police report on fraud and forgery attempt was filed the Bulawayo central police station IR 4330/14 and referred to commercial crimes.
An urgent chamber civil case High Court application under case HC 1258/14 was opened. That was the beginning of more court battles to come.
"The investor Amandwandwe received a letter from our lawyers Mashayamombe and partners Mashayamombe and partners being a law firm which represented Duive Enterprises against Bhekithemba
Maphosa (above HC and Magistrate) cases-our surprise the same law firm was in on representing a new set of directors and shareholders using our name Duive Enterprises namely Mr Delma Lupepe and team.
"At this moment we were not aware of the changes which again were made at the registry of companies office
The RBZ mr Kunaka called our investor Amandwandwe stating our loan application was successful and he insisted we come with our updated CR14 and tax clearance.
"On this day we went on to registry of companies as directors of duive and discovered all had been changed
and signed by Delma Lupepe and the same was now the total shareholder, company address and directors were all new and we were all resigned.
"The same action had also been done with the ministry of mines duive was now owned by Mr Lupepe.
"Suddenly we acted by way of summons to the High Court so the action should be stopped again we went to open a fraud case at central and commercial crimes unit.
"This was the second time 2014 and 2018 the same action happening and no movements from the courts only told to go will call we can’t prosecute whilst we have close to 10 years in loss of huge earnings," reads part of the document.
The documents further show that on the 10th of March 2018 Lupepe self-issued 80 000 shares presented and file himself Maphosa was resigned on-the 12 March 2018.
The documents also show that Maphosa sold the mining company for US$56000 to Lupepe who is now reportedly doing mining renewal licenses under Duive Enterprises and was controversially awarded and continue to work using the name and land.
