Senior Court Reporter
DIRECTORS of property development firm, Balwearie Holdings, have been barred by the High Court from using the company’s CR14 form when transacting after it emerged that the document was fraudulently deposited at the Registrar of Companies.
Lorraine Elizabeth Heyns and Zane Patrick Heyns have been barred from using Balwearies Holdings CR14 form after the High Court noted that the document was fraudulently deposited for the two to claim directorship of the company.
Bulawayo High Court judge Justice Maxwell Takuva, in his judgment handed down on March 29, nullified the CR14 form of Balwearie Holdings dated July 24, 2008 which was issued by Philjoy Secretarial Services (Pvt) Limited after noting that it was fraudulently deposited. Lorraine and Zane Heyns were also permanently interdicted from using the CR14.This was after Sabre Services (Pvt) Limited, which is also into property development, filed an application at High Court Bulawayo seeking a declaratory order and interdict against Lorraine and Zane Heyns from using the CR14 in question. Philjoy Secretarial Services (Pvt) Limited and Registrar of Companies were cited as respondents in the matter.
“The CR14 was lodged on the 24th of July 2008 and issued by 4th respondent (Philjoy Secretarial) on the 9th of January 2009 and purports to suggest that the applicant (Sabre Services) prepared and filed the document which is not correct.
“The CR14 was not prepared or filed by the applicant. Applicant has no knowledge whatsoever of the said document and was not in existence of the time.
“That CR14 tells the world that the applicant was appointed secretary on the 1st of June 2007 yet at that time applicant was not yet registered and was not in existence and as at that time there was no company that was registered and known as Sabre Services.
“The CR14 document also seeks to demonstrate that the 2nd and 3rd respondents (Lorraine and Zane) are directors yet at the point appointment 23 July 1979, both 2nd and 3rd respondents were not qualified to be directors as they were minors. From the foregoing, it is apparent that the Balwearie Holdings is a sham and the CR14 attached herabove is a fraud,” reads an founding affidavit filed at court by Patricia Chatambudza on behalf of Sabre Services (Pvt) Limited. Chatambudza, in the application, said they established that there was a legitimate company called Balwerie Holdings registered under No.1898/20 and had successfully obtained a court order for the deregistration of Lorraine and Zane Heyns Balwearie Holdings.
Chatambudza also said director of Philjoy Secretaries has been arrested over the fraudulently deposited CR14 Phillip Danga and has since written an affidavit confirming the corrupt acts on August 27, 2020.