Professor of Public Policy & Law asserts that President Ramaphosa has jurisdiction to appoint a Commission of Inquiry to determine the validity and legality of the US$2.7 million bribes that Coca-Cola paid to Mnangagwa’s right-hand man, Chinamasa, to get the release of extorted equipment.

As a retired Professor of Public Policy and Law, based on the additional information provided, it appears that Mawere played a central role in the SZL acquisition and the fulfillment of conditions related to the SZL equipment project. These actions were facilitated by Mawere’s common control over the companies involved. However, a significant development occurred on September 6, 2004, when a Presidential decree was issued, divesting Mawere of control and management of SMM, along with his other companies in Zimbabwe.

The issuance of this decree, which is claimed to offend public policy and international law, had consequential effects. It is suggested that the $2.7 million bribe would not have been paid, and the expropriation of the equipment with the knowledge and involvement of CCA would not have taken place without this decree.

Considering this information, it is crucial to assess the legality and validity of the September 6, 2004, Presidential decree. If it can be established that the decree indeed violates public policy and international law, it raises serious concerns about the actions that followed, including the payment of the bribe and the expropriation of the equipment. These actions could potentially be viewed as unlawful and unjust.

In light of these developments, the President of South Africa should carefully consider the information provided and evaluate the prima facie basis for appointing a Commission of Inquiry. The President’s decision should take into account the public interest, the potential involvement of South African citizens and entities, and the need to uphold the rule of law.

The alleged misconduct involving bribery, expropriation, and abuse of power warrants a thorough investigation. An independent Commission of Inquiry can help gather evidence, assess the legality of actions taken, and determine the accountability of the parties involved.

It is important to note that the advice provided here is based on the assumption that the information provided is accurate. A comprehensive review of all relevant facts, evidence, and legal frameworks is necessary to make a well-informed decision in this matter.