Streak slaps ZC with lawsuit 

Streak slaps ZC with lawsuit 

Source: Streak slaps ZC with lawsuit – The Zimbabwe Independent September 21, 2018

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Heath Streak

FORMER national cricket coach Heath Streak yesterday filed a court application seeking the liquidation of Zimbabwe Cricket (ZC) for non-payment of money owed to him and other creditors.

By Enock Muchinjo

According to an affidavit filed at the High Court yesterday, Streak — who was fired by ZC in April — said the national cricket association was broke and reeling under serious financial crisis.

Alongside ZC, Sports minister Kirsty Coventry and the Sports and Recreation Commission (SRC) are cited as second and third respondents respectively.
Streak alone is owed at least US$128 000 by ZC in outstanding salary, bonus and match fees.

The court application by Streak also incorporates his support staff — Lance Klusener, Sean Bell and Wayne James — who were dismissed alongside the former Zimbabwe captain.
In total, the four are owed US$198 695. They claim their contracts were unlawfully terminated by ZC, which sacked the entire coaching staff and captain Graeme Cremer following Zimbabwe’s failure to qualify for next year’s World Cup.

“I’m legally advised, which advice I adopt as mine, that the first respondent (ZC), who is a debtor, is deemed to be unable to pay its debts upon proof that the debtor is generally unable to pay debts which are due and payable, or upon proof that the debtor’s liabilities exceed the value of the debtor’s assets. It is clear that the First Respondent is generally unable to pay its debts as and when they become due,” the affidavit read.

Streak accused the ZC board of, among other failings, mismanaging funds, as well as lacking legality and capacity.

“The first respondent has mismanaged loans and grants that were advanced to it by the International Cricket Council and has failed to make any meaningful repayments . . . moreover, the said board of directors have no proven track records or experience in sports administration let alone in cricket.”

Streak and his colleagues are being represented by prominent Harare lawyer Gerald Mlotshwa.

Winsley Militala has been proposed as the provisional liquidator.

The application, in terms of the Insolvency Act, is seeking to have ZC “wound up, and creditors be paid off their debts”.

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