Harare businessman who has been in a long drawn legal wrangle with his Chinese partner over ownership of the Marondera- based leather company Eagle Italian Leather and Eagle Italian Shoes, has appeared in a Bulawayo court to face allegations of illegally taking over directorship of a mine while booting out the rightful Chinese owner.
Francesco Marconati, 67 and Mark Andrew Hughes 66 stand accused of fraud and forgery
Yan Bo, a Chinese national based in Harare is the alternate director and shareholder of DGL Investments Number Five Private Limited after being appointed by Ke Wang in his absence according to section 63 of DGL
Hughes is a shareholder of DGL Investments through Gwampa mining’s 20% shares.
Marconati’s disputed Eagle Italian Shoes Private Limited owns 25% shares of DGL Investments.
The State alleges that on November 4, 2021, Hughes forged a CR6 form which he filed with the Registrar of Companies, Bulawayo whereby he appointed himself as director of DGL Investments with effect from 19 April 2021.
On January 28, 2022, Hughes allegedly forged anotehr CR6 form with the Registrar of Companies appointing Marconati as a new director with effect from January 26, 2022.
No shareholders’ or general meeting was held at any point and the accused filed the papers without the knowledge and consent of the other three shareholders and company secretary Li Song.
The State alleges that the filings were therefore fraudulent in that all the three existing directors representing shareholders had no knowledge of, nor did they give consent to the changes to be made as reflected in such filings and the company.
The documents therefore constitute a misrepresentation of the affairs of the company.
Marconati and Hughes then allegedly took control of all mining activities at the scompany and barred other shareholders Xing Mingchang and Ke Wang and Li Song from entering into the company premises as well as accessing the company's mine production records.
Marconati also stands accused of giving mining contracts/tribute agreements to illegal miners to work on using company assets.
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