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Court to adjudicate in Zimbabwe Coca-Cola war

Oct 3, 2009 10:56 PM | By Bobby Jordan

Mugabe regime's grab comes under scrutiny, writes Bobby Jordan.


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LIQUID ASSETS: Mutumwa Mawere controlled Schweppes Zimbabwe until the company was nationalised by Robert Mugabe's government in 2004 Picture: SIMPHIWE NKWALI
LIQUID ASSETS: Mutumwa Mawere controlled Schweppes Zimbabwe until the company was nationalised by Robert Mugabe's government in 2004 Picture: SIMPHIWE NKWALI
quote Zimbabwe went and took the assets and shares of Schweppes Zim and sold it back to Coca-Cola - and they became the owner quote

Robert Mugabe and Coca-Cola, the world's largest soft-drink company, are locked in a courtroom battle with a South African businessman in a case that could take the fizz out of Zimbabwe's economic revival.

At stake is control of Zimbabwe's soft-drink industry - once largely controlled by Zimbabwean-born Mutumwa Mawere - which was nationalised three years ago by Mugabe's Zanu-PF regime.

As a result of being nationalised - under laws outlawing the "externalisation" of foreign assets and permitting the seizure of insolvent or state-indebted companies - several of Mawere's firms, some listed on the Zimbabwe Stock Exchange and in South Africa, were liquidated by Zimbabwean authorities.

One of Mawere's South African companies, Petter Trading, owes money to creditors. And local liquidators of the firm are claiming that the way it was nationalised was unconstitutional.

If the Zimbabwean courts uphold this claim, it will give the South African liquidators access to assets seized by Mugabe's government.

The liquidators are trying to secure the assets of Mawere's former Zimbabwean soft-drink company, Schweppes Zimbabwe, which he acquired from Coca-Cola several years ago. The assets, worth an estimated US$20-million, are now owned and managed by Coca-Cola, in conjunction with a Zimbabwean state administrator.

A lawyer representing the liquidators, Frank Cohen, said he believed the case had a good chance of success: "I see light at the end of the tunnel. The (Zimbabwe) government has to ultimately capitulate because this issue isn't going to go away.

"Schweppes Zimbabwe was ultimately owned by one of the Coke companies. After reconstruction they (the Zimbabwe government) went and took the assets and shares of Schweppes Zim and sold it back to Coca-Cola - and they then became the owner of the company.

"That's why we subpoenaed Coke," Cohen explained.

Court documents show an internal battle between Zimbabwean officials who disagree over the circumstances of Mawere's case.

Coca-Cola and the Zimbabwean administrator of Mawere's former companies this week denied any wrongdoing.

Coca-Cola Central Africa's spokesman, Innocent Jam, confirmed the company "took over control of the shares and re-assumed management of Schweppes Zimbabwe Ltd" - but only because Mawere defaulted on the original terms of the sale agreement.

The situation forced Coke to deal with the Zimbabwean state-appointed administrator.

"The Coca-Cola Company has granted licences to several bottlers in Zimbabwe to manufacture and produce beverages bearing its trademarks.

"There have been no dealings with any persons or legal entities currently under sanctions imposed by America, Britain or any other country," the company said in a statement.

Jam added that Coca-Cola was phasing out its involvement in Zimbabwe, including its management role at Schweppes Zimbabwe.

State administrator Arafas Gwaradzimba said he was confident the Zimbabwean government would triumph in court - as it had done in similar cases in South African courts involving some of Mawere's other liquidated companies.

Gwaradzimba said: "They lost all the cases in South Africa, which shows ... the courts have seen the impropriety with which the companies were handled, whether in Zimbabwe or in South Africa."

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Comments

Oct 4 2009 03:51:58 AM
azaniaisfree
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mutumwa mawere was always a key lieutenant for robert mugabe and zanupf.
he was given access to assets by state guarantees and then fell foul of zanupf so he was booted out the country.he is a SAfrican citizen and now that the mugabe govt dont like the look of him(& use draconian exchange control laws to bring one into line) he has conveniently become anti mugabe.
like billy rautenbach life becomes hard when you feed the crocodiles and forever hope they will eat you last !
Oct 4 2009 09:59:52 AM
mcritic
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Wherever Mugabe and ZANU-PF is involved in financial issues - enter the words "looting" and "theft" into the discussion. The stolen loot i quickly converted to foreign currency and transferred to bank accounst otside Zimbabwe.

This is controlled strictly by Mugabe and his Banker Gono. They get 70% of the loot and JOC and some key ministers the rest.

The small fry is paid locally and the payment used to be made in Zim dollars. The present scenario is more difficult - and Mugabe and co wants control of the US$5331 000 000 loan from the IMFto use for bribery purposes. 80% of that amount will disappear - like the R300 000 000 grant from the SA Government and a small portion of crica 10% will be used to pay off the small fry - while the rest finds its way to Malasia again.

Biti is fighting this one - but can he win???????
Oct 4 2009 12:59:46 PM
VinceRSA
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Mugabe = "Watz mine is mine AND watz your's is also mine"!


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