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Prof Welshman Ncube’s lawyer said he received a call from him (Phelekezela) saying he no longer wanted to pursue the matter. - Siqokoqela

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Sizwe sama Yende

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A R49.3 million lawsuit against prominent Zimbabwean lawyer-cum-politician, Professor Welshman Ncube, is taking a twist in his favour following the deterioration of the relationship between complainants.

Former vice-president, Phelekezela Mphoko, and his son, Siqokoqela, were jointly suing Ncube over a sour deal regarding their shares at multinational grocery retailer, Choppies Enterprises, but now it seems they are no longer doing so.

This tension, The People’s Eye understands, emanates from Mphoko junior’s conviction of raping his 12-year-old niece last year and being given a 20-year sentence in the Bulawayo Magistrate’s Court.

The Bulawayo High Court has since given Siqokoqela some reprieve by releasing him on a $200 000 bail pending the hearing of his appeal against his conviction.

Siqokoqela said that his father did not honour a Zimbabwe High Court sitting on Monday this week. “Prof Welshman Ncube’s lawyer said he received a call from him (Phelekezela) saying he no longer wanted to pursue the matter,” Siqokoqela said.

Ncube represented the Mphokos against their dispute with Choppies Enterprises. They then accused Ncube of allegedly withholding $1.4 million (R23.7 million) of the $2.9 million settlement that Choppies had agreed to pay to them.

Father and son entered into a 51% shareholding deal with Choppies when it expanded into Zimbabwe and established 32 outlets in 2013. Choppies has headquarters in Botswana and operates in South Africa, Zimbabwe, Zambia, Kenya, Tanzania, Mozambique and Namibia.

According to Zimbabwe’s indigenisation law, the Mphokos became majority shareholders of the Choppies outlets, operating under Nanavac Investments. At that time, Choppies chairman was former Botswana president, Festus Mogae.

Mogae changed along the way and insisted that the family was given a 7% shareholding for free.

The Mphokos however denied that they were given shares for free and said that Nanavac, of which they are majority shareholders, borrowed $20 million from Choppies, which would be paid on “revenue from the trading activity” for six months.

The Mphokos decided to settle for $2.9 million with Choppies in 2019, while fighting for their full 51% shares. Ncube allegedly withheld $1.4 million (R23.7 million) of the total amount that Choppies paid in his trust account.

The court will determine what currency the $2.9 million was paid to the Mphokos. It will also determine if the Mphokos authorised Ncube to pay a portion of their settlement ($1.9 million) to a third party, Future Muvirimi.

Siqokoqela said he was surprised that his father had withdrawn from the case. “Why would Mphoko snr not fight for over a million stolen from him? Why would Welshman not go after him to recover his legal fees,” Siqokoqela said.

“It’s clear they acted together and stole Siqokoqela Mphoko’s share,” he said. Siqokoqela said that he was continuing to fight.