High Court Acquits Couple In $100K Gono Fraud Case

By Advent Shoko

HARARE – A Harare business couple once accused of defrauding former central-bank boss GIDEON GONO has been cleared by the High Court, which described the state’s case as “barren, unsound” and ruled that the fraud charges against them were fatally defective.

Background to the Case

The accused, Clark Clever MAKONI and his wife Beverly Aisha NDODA MAKONI, were charged with allegedly manipulating directorship records and siphoning funds from property-management firm Galwex Investments (Pvt) Ltd, a business owned by GONO, after they had been engaged by Gono to manage a number of his properties, including a hotel in Mutare, Valley Lodge (Pvt) Ltd. Prosecutors accused them of forging company documents, unlawfully changing directors, and misappropriating substantial sums, reportedly amounting to ZWL$137 million (roughly USD 100,000 at the time).

Throughout the proceedings the couple denied wrongdoing, arguing that they had only been contracted as estate agents and managers, not owners, and that the state’s allegations rested on unsubstantiated claims.

High Court Overturns Charges After Finding Major Legal Flaws

On 29–30 November 2025, the High Court, presided over by Regis DEMBURE, delivered a scathing judgment that overturned the decision by regional magistrate Stanford MAMBANJE to deny the couple’s application for discharge. The court ruled that the original charge sheet failed to state the essential elements of the alleged fraud offence. By introducing new particulars mid-trial, the prosecutor and lower court had effectively “reinvented” the case against the MAKONI, a move Justice Dembure described as a “gross misdirection.”

Justice Dembure said the law does not allow the court to rewrite charges or fill in gaps in a defective indictment simply to keep accused persons on trial. Because the State’s case lacked essential averments, forcing the couple to defend themselves would have violated the principle of fair trial and due process.

What the Defence and Judiciary Said

Defence counsel, Admire RUBAYA, had earlier argued that the state was embarking on a “fishing expedition,” attempting to manufacture offences after the prosecution’s evidence failed to substantiate the basic allegations. He warned against judicial overreach and insisted that the accused should not be forced to defend a case built on shifting sands.

The High Court agreed, effectively calling out the lower court’s impropriety and the prosecution’s lack of a coherent foundation for their charges. The acquittal ends a case that has dragged on for more than three years.

Wider Implications – Precedent for Fraud Prosecutions

Legal analysts say this decision underscores the importance of proper drafting of charge sheets in fraud and corporate crime cases, especially where allegations involve complex property and directorship disputes. The ruling offers a strong precedent: the State must clearly articulate every element of the alleged offence, and courts must resist pressure to “patch up” weak cases mid-trial.

It also highlights the pitfalls of relying on internal audit reports and retrospective reconstructions without independently verifiable documentation and credible, consistent witness testimony. Prosecutors will now likely be more cautious when bringing similar cases against business actors, especially in real-estate and corporate-management contexts.

A Victory for Due Process

With the High Court’s ruling, Clark and Beverly Makoni walk free. Their acquittal is not only a personal relief but a vindication of their argument that the state’s case was built on defective charges.

As Justice Dembure stated,

“You cannot place an accused on defence based on an indictment that fails to disclose an offence.”

Their victory reaffirms the primacy of procedural fairness and the rule of law, even in high-profile cases involving powerful figures.

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