Provisional liquidator appointed to firm linked to forged Garda vetting scandal
High Court Reporter
A provisional liquidator has been appointed by the High Court to a nursing and medical personnel provider's holding company, which is linked to a firm involved in a forged Garda vetting cert scandal.
Mr Justice Brian Cregan appointed Declan de Lacey of Fides Chartered Accountants to Even Better Value Enterprises Ltd (EBVEL), which is linked to a number of other companies trading under the "Good People" name, and which provided medical staff and accommodation, including for vulnerable children using the services of Tusla.
Earlier this year, a 22-year-old employee of the Good People companies was convicted of 55 counts of forging Garda vetting certs to be provided to Tusla.
EBVEL is a holding company whose directors are Dr Judith Kundodyiwa and Gerard Chimbganda, who together, in 2017, established Mininan International, trading as "Good People".
In 2023, a dispute broke out between the two and Dr Kundodyiwa, who is a consultant in obstetrics and gynaecology in the Royal Bolton Hospital in England.
She says Mr Chimbganda took a number of unlawful actions, including removing her as a director of Minana and reducing her shareholding from 50 per cent to 5 per cent. EBVEL held his shares in Minana.
Proceedings were issued by each of them in Ireland and the UK. They entered mediation and a settlement was agreed whereby EBVEL would buy out her shares for €2.25 million, with the first instalment due last month.
However, he failed to make the first two payments totalling €187,500, and on Thursday, she petitioned the High Court for the appointment of a provisional liquidator to take control of EBVEL.
In an affidavit, Dr Kundodyiwa said that in circumstances where the affairs of Minana, EBVEL and related companies have been conducted unlawfully and fraudulently, and where there is a history of misappropriation and misuse of corporate funds, she had sought the appointment of the provisional liquidator.
She is concerned Mr Chimbganda could, before a provisional liquidator was appointed, put the assets of Minana and EBVEL beyond the reach of its creditors, who include her.
Apart from being unable to pay the debt due to her, she said Mr Chimbganda paid himself dividends of some €559,000 in 2022 to assist him and his wife in buying a house. He had claimed it was a loan but exhibited no loan agreement or repayment terms, or proof of repayment, she said.
As part of its expanding business, Good People provided accommodation for vulnerable people, including children, which required garda vetting for staff.
Following the conviction for forgery of the staff member of Good People, who Dr Kundodyiwa says is a niece of Mr Chimbganda, the niece was "shipped off to Sweden" in an effort to distance the family from Good People.
Dr Kundodyiwa said Mr Chimbganda wanted the public to believe his niece acted alone in forging the certificates.
She said that was "quite frankly absurd" as she had nothing to gain from doing it, while Mr Chimbganda, his wife, Sobonile, and his sister Taridzai Kadonzvo did. His wife and sister had been appointed directors of Minana after he unlawfully took control of it, she said.
This was relevant to the petition because it showed Mr Chimbganda was engaged in unlawful and fraudulent activities, that the Good People companies have been refused government contracts and may have difficulty securing further contracts for good reason.
Dr Kundodyiwa also said he authorised unsuitable staff placements without her approval, which led to serious issues in hospitals.
It was also reported that apart from unvetted staff caring for vulnerable children, the children were placed in unsuitable accommodation, including one apartment where rats were found, and the children was not given soap and shampoo.
She also outlined the diversion of funds Minana to other companies within the group, which showed he had a history of diverting money and business from the companies, she said.
On Thursday, John Kennedy SC, instructed by Peter Boyle and Co Solicitors, applied on a one-side only represented basis for the appointment of the provisional liquidator to EBVEL which he said is the holding company. He said EBVEL has nothing to do with another company which uses the "even better value" slogan.
Mr Justice Cregan said he was satisfied to do so and made orders, including that Mr de Lacy be given power to take EBVEL under control and secure property to which the company appears to be entitled.
