I’ve been following with great interest the recent case involving Prophet Magaya and his wife Tendayi, as reported by The Herald. According to the state, they are being jointly charged along with one of their companies, Planet Africa.
Now, before you grab your popcorn let me make it clear: I’m not here to comment on the case itself. It’s before the courts, and we must respect that. But as someone who has consulted for over 5,000 companies across Africa, I want to use this as a teachable moment for entrepreneurs.
WHO GETS CHARGED WHEN A COMPANY IS ACCUSED?
Here’s where many people get it wrong. When a company is accused of wrongdoing, the directors not the shareholders are the ones who face the music.
In simple terms:
A shareholder owns the company.
A director runs the company.
If the company makes a mistake, the law will knock on the director’s door not the shareholder’s.
THE COMMON AFRICAN MISTAKE
Across the continent, I’ve noticed one recurring habit among entrepreneurs:
Putting your wife or husband as a director “just to make it look family-owned.”
It sounds romantic, right? “Babe, let’s build an empire together.”
But legally, you’re saying: “If I go down, you’re coming with me.”
Because when your company is accused of anything tax evasion, misrepresentation, fraud, you name it both of you can be arrested, even if your spouse has no idea what’s going on in the business.
A SAFER APPROACH
Instead, make your spouse a shareholder, not a director.
That way, if something happens to you, they still own the business and can make decisions but they won’t be dragged into court for something they didn’t sign or supervise.
You can even make your spouse a bank signatory for transparency, without exposing them to legal risk.
Business and love must work hand in hand but not hand in handcuffs.
A LESSON FROM REALITY
Imagine the pain: Prophet Magaya’s children young and innocent are now missing both their parents, even if it’s just for a few days or weeks, because of how their company was structured.
This is not about guilt or innocence. It’s about risk management.
If a man of God can face such a situation, what about the rest of us?
ENTREPRENEURSHIP IS RISKY EVEN FOR THE INNOCENT
Even when you’re running your business cleanly paying taxes, keeping records, doing everything above board you can still find yourself in court. That’s the game of entrepreneurship.
So never laugh at someone going through trials. If you’re still in business, still breathing, still walking free thank God and structure your company properly.
Because the law doesn’t care about your emotions, your wedding vows, or your good intentions. It cares about your paperwork.
Love your spouse deeply.
Trust them fully.
But in business, protect them legally.
After all, you can be one flesh in marriage but separate legal entities in business.
By The Chartered Vendor
#BusinessLessons #Entrepreneurship #CompanyLaw #ProphetMagaya #ZimbabweBusiness #BusinessTips #LegalAwareness #MarriageAndMoney #FamilyBusiness #EntrepreneurLife #BusinessAdvice #BusinessStructure #DirectorDuties #ShareholderRights #ProtectYourSpouse #BusinessMistakes #StartSmart
