HARARE – A Harare couple has been fully acquitted of charges alleging they defrauded a company owned by former Reserve Bank of Zimbabwe governor Gideon Gono of ZWL137 million (approximately US$360,000), in a landmark High Court ruling that exposed serious flaws in the prosecution’s case.
Aisha Ndoda Makoni and Clark Clever Makoni, who consistently denied the allegations, saw their case dismissed after months of legal proceedings. The High Court found that the state’s case was fundamentally defective, ruling that the charge sheet was “fatally flawed” and lacked essential details necessary to sustain a criminal prosecution. Justice Regis Dembure delivered the decisive judgment, sharply criticising the prosecution and dismantling the core of its argument.
The case centered on the alleged unlawful takeover of Valley Lodge (Pvt) Ltd, a company under the ownership of Gono. The state accused the Makonis of positioning themselves as directors of the company through fraudulent means, including the alleged forgery of key corporate documents. According to the prosecution, the couple sought to gain control of the company’s finances by presenting themselves as legitimate directors to third parties, including ZB Bank in Mutare.
Justice Dembure’s ruling, however, identified multiple critical procedural and evidential weaknesses. He found that the charge sheet failed to specify the precise misrepresentation the Makonis were accused of making, rendering it impossible for the couple to adequately defend themselves. The judge described this omission as a “fatal defect” in the case.
Harare Pair Walk Free Following High Court Ruling in Gono Company Fraud Case
In addition, the magistrate’s court was found to have relied on assertions that were never formally included in the prosecution’s official pleadings, effectively creating new particulars of the alleged offence. Justice Dembure described this as a fundamental irregularity, noting that a court cannot supplement or invent allegations that the prosecution has not officially presented. This procedural misstep proved decisive in the High Court’s determination to acquit the Makonis.
The judgment also highlighted glaring evidential deficiencies. The prosecution failed to establish a concrete link between the accused and the allegedly forged CR14 form, a document central to the case. There was no banking evidence showing that the Makonis attempted to withdraw or misappropriate the ZWL137 million, nor was there a verifiable audit trail demonstrating any financial loss to Valley Lodge. These lapses, the court found, made the case unsustainable.
The allegations dated back to July 2017, when the Makonis were reportedly engaged to manage Valley Lodge and other related properties. According to the state, on 10 August 2017, the couple allegedly forged a CR14 form appointing Clark Clever Makoni as director and company secretary, and Aisha Makoni as his deputy. Using the document, the prosecution claimed, they approached ZB Bank in Mutare, misrepresenting themselves as the company’s new shareholders in an attempt to change account signatories and gain access to the company’s finances.
Throughout the trial, the Makonis maintained their innocence, asserting that the charges were politically motivated and aimed at intimidating them. They argued that the prosecution lacked credible evidence and was an attempt to abuse power rather than pursue justice.
Following the High Court’s ruling, Clark Clever Makoni expressed profound relief, praising the judiciary for upholding the rule of law. “We are happy with the judgment,” he said, adding that it demonstrates the courts’ ability to protect ordinary citizens when the law is applied fairly and impartially. “This shows the Second Republic’s commitment to fair justice for small people like us,” he remarked.
Makoni also criticised the origins of the case, suggesting that it was an abuse of authority. “This was made into a big issue as some tried to flex their muscle and abuse power and authority to prosecute others,” he said. He urged that any manipulation of the courts be rejected to ensure justice is served, emphasising that citizens must be protected from politically motivated prosecutions.
The state, faced with the glaring weaknesses in its case, did not oppose the High Court’s decision to acquit, bringing the months-long prosecution to a definitive conclusion. The ruling has been hailed by legal analysts as a significant reminder of the importance of due process and procedural correctness in criminal cases.
The Makonis’ acquittal underscores the judiciary’s role in ensuring that prosecutions are based on credible evidence and proper legal procedure. It also serves as a cautionary example to authorities that cases built on incomplete, flawed, or politically influenced grounds are unlikely to withstand scrutiny in a court of law.
For Aisha and Clark Makoni, the ruling represents not only vindication but also a reaffirmation of their faith in the legal system, closing a chapter that had weighed heavily on their personal and professional lives. The High Court’s decision is expected to resonate beyond this case, reinforcing principles of fairness, accountability, and judicial independence in Zimbabwe.
Source- iharare
