THE BOAF-10KPOL-FOCM IN MOTION ONE PERSON AT A TIME – AFRICA’S FUTURE HAS AN ADDRESS IN EVERY PERSON – SALUTE TO CHARLES MKHIZE

It is with great pleasure and honor that I extend a warm welcome to Mr. Charles Mkhize as a paid-up member of the Banking on Africa’s Future’s (BOAF) initiative. BOAF is a forward-thinking and problem-solving enterprise aimed at stimulating, encouraging, promoting, and inspiring the development of individuals with active imaginations and the ability to shape the future through their decisions and actions in the present.

As part of this initiative, random and unscripted conversations serve as valuable references for learning, unlearning, and relearning the power of causation and agency. A significant event occurred on June 2, 2023, when a video celebrating the 25th anniversary of DMH Attorneys, a firm founded by Mutumwa Mawere, was shared within the BOAF community. This sharing led to the formation of the BOAF-10KOL-FOAM GROUP, with Mr. Charles Mkhize, a UK resident of Zimbabwean descent, becoming the inaugural member on the journey toward establishing a bank where the value lies in the individual human beings it serves

The Bank of Hope’s first two members, Mutumwa Mawere and Charles, engaged in a chat facilitated by Ms. Alisha Smith, a member of the BOAF community power-building initiative. Their conversation revolved around uncovering the truth regarding President Mnangagwa’s involvement, if any, in the inception of DMH and its subsequent prosecution. This dialogue underscores the commitment of BOAF members to seek transparency and accountability while fostering a community dedicated to positive change and progress.

[4/4, 8:09 PM] mdmawere1: Hi
[4/4, 8:11 PM] CHARLES MKHIZE: Hello
[4/4, 8:11 PM] CHARLES MKHIZE: Good evening
[4/4, 8:13 PM] mdmawere1: Have you been following the case?
[4/4, 8:17 PM] CHARLES MKHIZE: Yes I havw
[4/4, 8:17 PM] CHARLES MKHIZE: I have
[4/4, 8:21 PM] CHARLES MKHIZE: It’s all in motion now…. Let it simmer
[4/4, 8:21 PM] mdmawere1: How so?
[4/4, 8:22 PM] CHARLES MKHIZE: A specific performance is sought from the other party
[4/4, 8:23 PM] mdmawere1: What performance do you suggest?
[4/4, 8:24 PM] CHARLES MKHIZE: What the letter states is exactly as it shud
[4/4, 8:25 PM] mdmawere1: Have you read the Notice of Motion
[4/4, 8:25 PM] CHARLES MKHIZE: Yes I have
[4/4, 8:25 PM] mdmawere1: Is it fine with you
[4/4, 8:26 PM] CHARLES MKHIZE: Yes… 100%
[4/4, 8:26 PM] mdmawere1: Great and the affidavit
[4/4, 8:30 PM] CHARLES MKHIZE: Affidavit will be requested to be supported by evidence or proof of where the issue regarding acquisition emanates from…. I suppose the attorneys will have to respond once notified
[4/4, 8:31 PM] mdmawere1: Have you read it?
[4/4, 8:31 PM] CHARLES MKHIZE: Iam not too concerned about the affidavit…. The ball is in motion
[4/4, 8:31 PM] CHARLES MKHIZE: Yes I did
[4/4, 8:33 PM] mdmawere1: How does the affidavit have to do with this?
[4/4, 8:37 PM] CHARLES MKHIZE: Is it not in support of motion? Isn’t that the link
[4/4, 8:38 PM] mdmawere1: Do you agree that Mushayavanhu is part of a WhatsApp group?
[4/4, 8:44 PM] CHARLES MKHIZE: He is but there maybe a need to establish what position he was in 97/98…. He maybe Governor now but may toss the snake to Governor at that time in question…. Also current President wasn’t in charge then…. So proving the WhatsApp group maybe one of the next challenges
[4/4, 8:49 PM] mdmawere1: Do you agree that Mushayavanhu asserted that DMH created FBC and according to NKALA, DMH was a product of the President making FBC BANK and DMH brothers?
[4/4, 8:52 PM] CHARLES MKHIZE: I think the word used was.. Inspired…the word.. Making has heavier meaning and if u are going by audio alone, it may simply be reaching to say he created or made that happen…
[4/4, 8:53 PM] CHARLES MKHIZE: All those words you seek to base assertion on will be tested
[4/4, 8:53 PM] mdmawere1: Do you remember precisely what NKALA said in the video?
[4/4, 9:00 PM] CHARLES MKHIZE: His excellency the President was a major inspiration in encouraging the formation and growth of Zimbabwe businesses owned and managed by indegenous people. It is therefore not a coincidence that such companies ” as” DMH & FBC bank were formed at the same time in response to a clarion call for manifesting black economic empowerment and participation in our young nation”
[4/4, 9:01 PM] CHARLES MKHIZE: Word for word
[4/4, 9:01 PM] CHARLES MKHIZE: Nothing unconstitutional there…
[4/4, 9:02 PM] CHARLES MKHIZE: Next line is the 2nd of June mention
[4/4, 9:04 PM] mdmawere1: A lot is inherent in the context and content.
[4/4, 9:05 PM] CHARLES MKHIZE: Yes and it then leaves u in the space of assumptions made which u Will Be asked to substantiate
[4/4, 9:07 PM] CHARLES MKHIZE: Remember Governors report to some hierarchy and if u question use of public office u will have to prove the conflict of interest of Pres n current Governor created during execution of public duties
[4/4, 9:08 PM] mdmawere1: Can we stick to the content? Ask questions so that we can connect the dots.
[4/4, 9:09 PM] CHARLES MKHIZE: Yes the good issue is ball is in motion and we are connecting dots as applicant will be asked to connect those edots
[4/4, 9:09 PM] CHARLES MKHIZE: Dots
[4/4, 9:12 PM] mdmawere1: What is your understanding of this assertion by Hebert NKALA, the Chairman of FBC BANK, at a function in which his assertions are devoid of any personal knowledge regarding the facts and circumstances of the birth and development of the two institutions: “His excellency the President was a major inspiration in encouraging the formation and growth of Zimbabwe businesses owned and managed by indegenous people.”
[4/4, 9:25 PM] CHARLES MKHIZE: That is expected of any young democracy white dominated at the time. So any person in gvt office would have been acting lawfully to encourage greater participation from previously marginalised indegenous majority… And remember this is how most black entrepreneurs got their kick… into the economy… So dwelling into that wud b weak move…. The focus will be drawn into how we link the WhatsApp group to having done something wrong or unconstitutional THEN. It’s key to note the alleged “issue” in contention brings us to dates 97/98… So if He was a 2nd VP or whatever, he would not be in the wrong to encourage other indegenous people to participate… What u are then left with is what exactly was unconstitutional if he did encourage it… And did he influence any reserve bank governors then
[4/4, 9:26 PM] CHARLES MKHIZE: We’re they under his poryfolio
[4/4, 9:26 PM] CHARLES MKHIZE: So this is where I said if u pursue that route they will then ask u to prove it
[4/4, 9:32 PM] mdmawere1: Who made the assertion and invoked President Mnangagwa in the affairs of two juristic entities? He who alleges must prove his allegations? Is this not the law?
[4/4, 9:43 PM] CHARLES MKHIZE: But Nkala is not making an allegation. He is stating a fact undeniable in that 1st statement . So he doesn’t have to prove anything with regard to Pres or VP then…. Everyone was encouraged to participate…. 2nd line after is what could be challenged.. to retract.. the formation dates of FBC..
[4/4, 9:44 PM] CHARLES MKHIZE: 👆🏿👆🏿There is nothing to pull from that…. As allegation
[4/4, 9:47 PM] mdmawere1: Are you aware that what Nkala stated was contradicted by Manikai and his wife regarding the office and furniture issues?
[4/4, 9:50 PM] CHARLES MKHIZE: The last time I checked we were saying it’s the wife who was wrong…. On furniture…
[4/4, 9:51 PM] CHARLES MKHIZE: We have agreed on inconsistencies
[4/4, 9:51 PM] mdmawere1: Do you agree that inconsistencies in a constitutional order should be resolved by an independent and impartial tribunal?
[4/4, 9:59 PM] CHARLES MKHIZE: Are we disputing the y bought furniture or the dates.. I think we have to stick to what it is we are disputing…. The 1st statement made by Nkala is not touchable but can be used as a reference only to highlight he MAY know them from that time.. Remember statement says… encouraging businesses owned by indegenous…. That’s very broad and can mean any company.. Its not tying Pres to FBC or DMH.. He then goes on to say… It is no coincidence that such companies As…… ..
[4/4, 10:00 PM] mdmawere1: Take note that Manikai and his wife misrepresented FACTS.
[4/4, 10:01 PM] mdmawere1: Manikai alleged that friends provided seed funds but that was a FABRICATION.
[4/4, 10:02 PM] CHARLES MKHIZE: Can u prove that
[4/4, 10:03 PM] mdmawere1: The wife had her own fictional narrative that she and her husband eid wifed DMH ATTORNEYS into existence and operation. No mention of Mnangagwa having played a part in the formation and existence of DMH as no facts existed to support this.
[4/4, 10:04 PM] mdmawere1: This is what he said in the audio unless you missed the audio or you couldn’t recognize his voice.
[4/4, 10:05 PM] CHARLES MKHIZE: When 3 people say give 3 different versions of same event, whose version is factually correct and on what proven evidence
[4/4, 10:07 PM] mdmawere1: Do you agree that this falls to courts to hear and determine?
[4/4, 10:12 PM] CHARLES MKHIZE: Yes but the people in the WhatsApp group are not arguing with each other.. There is a notice lodged disputing contents I their versions so in a way it’s applicant vs what’s app group and courts need to settle fact from fiction through proof or evidence contradicting what’s being disputed in all versions
[4/4, 10:12 PM] CHARLES MKHIZE: Courts won’t just settle anything without proof of
[4/4, 10:26 PM] mdmawere1: Who said that there is no proof unless you have defaulted into a judge yourself?
[4/4, 10:29 PM] CHARLES MKHIZE: No. I haven’t said that. I simply said courts will ask applicant to prove certain disputed issues as alleged
[4/4, 10:29 PM] CHARLES MKHIZE: Where did I say u don’t have proof
[4/4, 10:33 PM] mdmawere1: Should you not allow the courts to preside without assuming the onus of proving nothing. It is NKALA who must prove his statements with evidence and equally how the two are brothers or sisters is for the Governor to prove.
[4/4, 10:33 PM] CHARLES MKHIZE: Mr Mawere.. U are a man of great accomplshments far greater than I probably will.. Please do not take my engagement negatively.. One thing I can not do is be dishonest about my opinions on what u have asked me to comment on.. I can leave that to the rest of the guys who do that but so far I haven’t said anything outside the boundaries of what courts may ask for… Infact it may never get to be but it’s good to be devils advocates so that any spaces left uncovered are prepared for.. Once u ask the courts to take part in the conversation there will be two sides contesting if not more. So if in any of your conversations with the guys in the group all you hear is yes yes yes then u shud know something ain’t right
[4/4, 10:34 PM] CHARLES MKHIZE: I heard someone say this Charles just wants money… Far from the truth….
[4/4, 10:34 PM] mdmawere1: [4/4, 9:52 PM] Prof Mupasiri: Analysis of Affidavit in Support of Applicant’s Notice of Motion

The affidavit provided by Tichaona Mupasiri in support of the Applicant’s Notice of Motion presents a detailed account of allegations and claims regarding the nexus between FBC Bank and DMH Attorneys, as well as the involvement of President Mnangagwa and John Mushayavanhu. The affidavit raises several legal, ethical, and constitutional issues, and the Applicant seeks declaratory orders to validate the assertions made in the Notice of Motion and remedy the alleged harm caused by the Respondent’s conduct.

Allegations and Claims

1. Funding and Formation of DMH Attorneys and FBC Bank: The affidavit alleges that the funding for DMH Attorneys and the creation of FBC Bank were misrepresented, with claims that the true facts regarding public records and funding related to the formation of FBC Bank have been intentionally distorted [[3]].
2. Involvement of President Mnangagwa: The affidavit asserts that President Mnangagwa’s involvement in the formation affairs of FBC Bank and DMH Attorneys is a fabrication and falls within the ambit of the Constitution of Zimbabwe [[7]].
3. Conduct of John Mushayavanhu: The affidavit accuses John Mushayavanhu of making false, fraudulent, and misleading statements regarding the formation of FBC Bank and its relationship with DMH Attorneys [[23]].

Legal and Constitutional Implications
The affidavit raises significant legal and constitutional implications, including the alleged violation of principles of transparency, accountability, and honesty, as well as the potential damage to the reputation and credibility of DMH Attorneys and the undermining of public trust in the legal and financial sectors [[28]].

Requested Relief
Tichaona Mupasiri seeks declaratory orders from the court to validate the assertions made in the Notice of Motion and to remedy the alleged harm caused by the Respondent’s conduct. The relief sought is presented as just and necessary in the interests of upholding constitutional principles and preserving the integrity of legal and financial institutions in Zimbabwe [[30]].

Conclusion
The affidavit presents a complex legal and ethical situation, involving allegations of misrepresentation, intentional distortion of facts, and potential damage to the reputation of institutions. The requested relief seeks to address these issues through the validation of assertions and the remedy of alleged harm caused by the Respondent’s conduct.
[4/4, 9:59 PM] mdmawere1: Thanks Prof. Good evening.
[4/4, 10:34 PM] CHARLES MKHIZE: I speak what I think is the truth or likely to happen
[4/4, 10:34 PM] CHARLES MKHIZE: In my understanding of the law
[4/4, 10:36 PM] mdmawere1: Guess what, I don’t know what the truth is and is not. I follow common sense, logic and reason. I am like a fly with no intention to anticipate anything at all.
[4/4, 10:36 PM] CHARLES MKHIZE: Where you and I are wrong the courts will decide but one fact is they don’t pull decisions from thin air
[4/4, 10:37 PM] CHARLES MKHIZE: Okay that’s what iam using as well…
[4/4, 10:37 PM] mdmawere1: I don’t have any understanding of the law for I am only a student of probing and the truth has no legs and will remain what it is.
[4/4, 10:37 PM] CHARLES MKHIZE: Common sense is proof will be required at some stage for any allegations
[4/4, 10:38 PM] CHARLES MKHIZE: So if the proof is there then it’s all good
[4/4, 10:38 PM] CHARLES MKHIZE: Law is created by men less intelligent than u are
[4/4, 10:38 PM] mdmawere1: Let those who preside deal with disputes and let those who allege suffer the burden to prove.