A HARARE businesswoman is crying foul, after a coal miner unilaterally terminated a provision of security and consultative services agreement they had entered into, and accused her of theft.
Gurai Lisa-Marie Mutuke signed a memorandum of understanding (MOU) with Hwange Coal Gasification Company and Taiyuan Sanxing Company, represented by Feng Guo on December 30 2022, for provision of security, among other services, to the coke mining firm.
Among the services Mutuke had to provide included provision of security, armed and unarmed guards, and obtaining of the business and administration licences.
Mutuke was last week accused of having stormed Hwange Coal Gasification Company (HCGC) and forcibly seized coke worth US$300 000 as payment for her services. The company also alleged that it had paid her in cash.
But documents in possession of the Daily News show that the three-year agreement the parties entered into, stated that Mutuke would “receive seven hundred tonnes of coke per month from the second party (Hwange Coal Gasification Company) as remuneration for the services so provided”.
“The first party shall bear the costs of transportation of the coke that she will receive as compensation for her services,” the agreement further read. In the 11-page agreement, there is no provision for Mutuke being paid in cash.
The Daily News is also in possession of several dispatch of product documentation to Mutuke up to December last year. Mutuke was irked when the HCGC barred her from entering its premises on account of several breaches it claimed had been done by her guards in January and February this year. Mukuke – who runs Maropafadzo Energy – then approached the Bulawayo High Court last week and was granted an order allowing her to collect 700 tonnes of coke from HCGC.
“The respondent be and hereby ordered and directed to allow the applicant (Mutuke) to take delivery of 700 tonnes of coke in terms of the memorandum of understandings of the 30th December 2022,” Justice Bongani Ndlovu ruled.
“The applicant’s legal practitioners are authorised to effect service of the order on the respondents.” When she went to the company to enforce the order, Mutuke was barred by HCGC employees and police officers.
Mutuke was accused of causing commotion at the premises. Curiously, Mutuke was served with a notice of termination of contract on Sunday. Repeated calls to get a comment from Feng’s son, Cherry Gou – who acts on his behalf in Zimbabwe were fruitless. He was not answering calls.