Harare – Details of a bitter share dispute over Paza Buster Car Sales ownership pitting blood brothers, Paul Chenjerai and Andrew Chenjerai emerged at the Harare magistrates court on Wednesday.
Andrew is facing robbery charges for allegedly breaking into Paza Buster Car Sales and is accused of taking company documents.
An emotional testimony detailing the chronology of events was narrated by Andrew Chenjerai,53, in his defence against robbery charges that he is facing.
Andrew described the charges as ‘malicious’ and accuses his older brother Paul of making him get arrested.
Andrew told the court that together with his older brother Paul they formed Paza Buster Commodity Brokers Private Limited in 1997 with each having 50 percent stake. He said when they formed the company they did not foresee that misunderstandings will brew that will result in a fallout.
”I contributed ideas, money and premises during the formation of Paza Buster. I contributed more capital than Paul,” Andrew said.
Within a year, Paza Buster Commodity Broking (Pvt) Ltd got into into buying and selling cars. Later the company established a plastic manufacturing company within a decade among other business ventures.
This brought financial success to the Chenjerais.
However, a fallout emerged when Paul married a second wife, according to Andrew in his court testimony.
Paul wanted his second wife to get allowances from the family company of which Andrew disagreed arguing that if his brother marries many wives even up to 10 they cannot all get allowances from Paza Buster Car Sales.
Instead, Andrew reasoned that each director get one allowance, for one wife.
That became the source of trouble and fallout.
”Our dispute emerged when he (Paul) married a second wife. His second wife demanded that he gets (allowance) as Paul’s first wife was getting. But I was not in agreement,” Andrew told the magistrate court.
”I reasoned that if he will marry as much as 10 wives he should get one spousal allowance.”
The dispute resulted in Paul ordering Andrew to go and manage their plastic manufacturing plant. Paul remained at Paza Buster.
In the mean time, Paza Buster Car Sales got a deal to sell Isuzu vehicles from Autoworld, a deal Andrew claims was brokered by his wife and himself.
Andrew said he and his wife introduced Paul to Autoworld directors, Daryl Raine and Sean Waller after which a business deal was struck.
As years went by, Andrew realized he had been pushed out of Paza Buster Car Sales illegally from being a shareholder without his consent.
Trouble began.
He tried to get answers from his older brother Paul but he couldn’t get any.
Andrew said Paul told him he was the older brother but now the father figure of the family after the two siblings father had passed on and as a young brother he should not question his decisions.
”When I kept inquiring he said, I am the boss, you do not listen when I say something to you. I am your big brother, you must listen and follow when I instruct you. In addition, I paid part of your school fees. Had it not been my assistance, you would not be what you are today,” Andrew said.
”He (Paul) then said you can go wherever you want to go.”
Trying to resolve the share dispute amicably through the family, Andrew went and reported his brother Paul to their mother who is still alive.
”I went to inform my mother, and she tried to bring us together so that we can talk over the issue but Paul refused,” Andrew said.
”I also tried to involve the church to no avail. He (Paul) kept on saying you are my young brother. I am now the father,but you are disobedient (haudi kunditeerera).”
After their mother, the church and uncles within the family failed to resolve the dispute, Andrew reported his brother Paul at the Zimbabwe Republic Police (ZRP) Commercial Crimes Division (CCD).
”I made a report of theft and forgery. Theft of my money and my shares from Paza Buster Commodity Brokers Private Limited,” Andrew told the court.
He handed all the original company documents to the police but surprisingly Paul was not arrested.
Detective Sergeant Arnold Anderson prepared the docket against Paul Chenjerai.
Instead of arresting Paul, the police tried to make Andrew resolve the case out of court.
Andrew made a complaint of the unprofessional conduct of the two Criminal Investigation Department (CID) officers Anderson and Assistant Inspector Isiah Chikanda of homicide department after they allegedly supplied documents supplied to them by Andrew to the fraud accused Paul.
Andrew told the court that Assistant Inspector Chikanda once asked him: “why he was disobedient to his older brother Paul.” Andrew refused to drop the case.
Paul’s arrest was never effected instead Andrew was arrested for allegedly robbing Paza Buster Car Sales.
Before arresting Andrew, Chikanda arrested Bhekimpilo Ncube and Mehluli Ncube in Bulawayo as the people who committed an armed robbery at Paza Buster Car Sales sometimes in December 2023.
Bhekimpilo Ncube was the first accused and Mehluli Ncube was the second accused while Andrew Chenjerai was the third accused.
According to the State’s case the alleged robbers armed with a firearm broke into Paza Buster Car Sales office and stole cash US$3500, Mercedes Benz S540 car keys, Mercedes Benz G Wagon car keys and Paza Buster registration documents.
Nothing was recovered.
All the three spent several months in remand prison.
They denied the charges when they were brought before the magistrate court.
The Ncubes knew each other but they did not know Andrew Chenjerai. Andrew Chenjerai did not know the two Ncubes.
At the end of the State’s case, Harare magistrate, Clever Tsikwa found Bhekimpilo Ncube and Mehluli not guilty.
However, Tsikwa ruled that Andrew Chenjerai must be brought to his defence.
For close two hours on Wednesday Andrew told the court that he was not involved in the alleged armed robbery. He accused his brother Paul of causing his arrest on trumped up charges after he had reported Paul for fraud.
”He (Paul) got me arrested after I made a report in relation to the issue of the stolen shares. If I did not report on the theft and forgery Paul could not have caused my arrest,” Andrew told the court.
”We had a misunderstanding with my elder brother whom I respected as a brother.”
Andrew said no exhibits from the alleged robbery were brought before the court.
Assistant Inspector Chikanda, the investigating officer failed to link the three Bhekimpilo Ncube and Mehluli Ncube to the robbery.
Andrew Chenjerai told the court that the police never searched his house or did any investigations that link him to the alleged robbery.
Infact, Andrew Chenjerai said he suspects that no robbery took place at Paza Buster Car Sales but he was arrested to fix him through his brother Paul instructions.
During Andrew Chenjerai defence testimony, Timely News observed the shock in court officials faces that include the magistrate, court interpreter, police officer, prison guard and people in the gallery who were in disbelief as details emerged of how two blood brothers Paul and Andrew fell out.
Andrew Chenjerai was represented by Harare top lawyer, Tafadzwa Hungwe of Samukange and Hungwe attorneys.
Magistrate Tsikwa will hand his ruling on the case against Andrew Chenjerai on Friday 13 June.
