The trial of business couple Clark Clever Makoni and his wife, Beverly Aisha Ndonda Makoni, who have been accused of defrauding former Reserve Bank of Zimbabwe Governor Gideon Gono, is drawing to a close, with the defence preparing an application for discharge and strongly challenging the legality of their arrest.
Makoni and his wife deny all allegations, maintaining that there is no evidence linking them to any offence.
The State claims that in July 2017, Gono engaged the Makonis to manage Valley Lodge and other properties, and further alleges that the couple forged a CR14 form to list themselves as directors of Valley Lodge.
However, the Makonis insist that they were lawfully running the property under a legitimate business arrangement.
On Friday, the Zimbabwe Anti-Corruption Commission (ZACC) investigating officer, Eric Chacha, testified under intense cross-examination.
The State alleges that the Makonis changed signatories on the Valley Lodge ZB Bank account and siphoned ZW$137 million, yet when asked to produce clear evidence, he had none, not even from the bank statement.
Chacha named Gono and a man called Omar as the original signatories—a claim directly contradicting Gono’s own testimony in the previous hearing, where he distanced himself from being a signatory.
The State also alleges that the couple unlawfully made themselves directors of Valley Lodge, but under questioning, the investigating officer was shown an email from Lindiwe Sabeka, a former ZACC official now employed by Gono, which described Beverly not as an intruder but as an employee of Valley Lodge and “a finance director,” casting doubt on the claim of fraudulent takeover.
The defence argued that the arrest itself was unlawful and malicious, driven by Sabeka’s connections within ZACC to target the Makonis.
Defence lawyer Rubaya highlighted that despite ZACC having offices in Mutare, the case was brought to Harare, raising suspicions about forum shopping to influence the outcome.
Chacha confirmed that Sabeka and he had previously worked together, but claimed ZACC had mandated him to handle the case.
Rubaya also questioned why ZACC went on to arrest Beverly on behalf of Police CID for a second time, knowing very well that she was already in court over the same matter, and Chacha failed to answer.
Prosecutors went on to withdraw the 2nd case upon realising it was based on the same facts now before the court, showing a pattern of harassment and re-litigation.
Furthermore, the defence argued that ZACC did not have the legal authority to arrest the couple, a point that has already reached the Constitutional Court, Zimbabwe’s highest court, as the couple seeks to clear their names.
The Makonis remain confident that the court will recognise the flaws, contradictions, and the unlawful nature of the process that led to their arrest and will rule in favour of their discharge.
