Connect with us


Mupasiri’s s167 Challenge Unpacked



What are the s167(2)(d) and s167(3) challenges? The constitution under s167(2)(d) provides as follows:

167(2)(d) Subject to this Constitution, only the Constitutional Court may–
d. determine whether Parliament or the President has failed to fulfill a
constitutional obligation. In this case, Mupasiri is arguing that the President by failing to acknowledge his letter and refusing to condemn the enforcement under his tenure of a law that offends the doctrines of separation of powers and equality, has conducted himself in a manner that is ultra vires the constitution he took an oath to uphold, defend, obey and respect as the supreme law of the republic.

And s167 provides that the Constitutional Court makes the final decision whether the conduct of the President is constitutional. In this case, the Concourt is being asked to determine whether the President by failing to act against his Minister of Justice, Legal & Parliamentary Affairs, Hon. Ziyambi, who issued limiting reconstruction orders in relation to Hwange & Air Zimbabwe, failed to fulfill the constitutional duties per his oath that compel him to ensure that the rule of law is protected.

Mr. Mupasiri avers that the President compounded the problem is that President Mnangagwa who in his answering affidavit seems to be oblivious to his duties, appointed the former Minister of Justice, Legal and Parliamentary Affairs, Hon Chinamasa to be the Chairman of Air Zimbabwe at a time the company was under reconstruction.

This precedent has provoked a wider conversation on the legality and constitutionality of a law that divests and deprives of the rights of shareholders without the prior involvement and determination by a court of law, and if a creature born from a draconian law can continue to be governed concurrently under the Companies Act, a law of general application.

Mr. Mupasiri has also raised the poignant issue of whether the limitations imposed on a company by the application of the Reconstruction Act can permit shareholders or their representatives to exercise their rights and freedoms in relation to this creature of statute i.e. the Reconstruction Order has the effect of divesting shareholders and directors of the control and management of their company.

“There mere fact that President Mnangagwa contemptuously appointed Chinamasa to a non-existent board is evidence that he conducts himself as a superior human being who is not obligated to limit his jurisdiction in terms of the supreme law,” said Mupasiri.

It is now common cause that Mr. Tichaona Mupasiri, Director of Public Policy of FOSMM, and a member a driver and founder of the FOSMM’s powered Justice Under the Law Initiative, launched an application before the Constitutional Court seeking an order that President Mnangagwa failed to fulfill a constitutional duty by failing when attention was brought to his attention via a letter dated 9 November 2021 to act in relation to the allegations made by one of his closest advisors, Mr. Edwin Manikai, that he was the Godfather of the Reconstruction of State-Indebted Insolvent Companies Act.

Below is a thread of a conversation extracted from the FOSMM WhatsApp group, FOSMM Litigation, that was created by Mupasiri to raise awareness on the urgency and need to restore the rule of law in Zimbabwe using the courts to test whether the promise of an independent and impartial judiciary is alive and well after 42 years of independence.

[1/13, 1:05 AM] Shepherd Tembo: PDF if you can convert for me I can only read pdf thanks
[1/13, 7:41 AM] mdmawere1: Morning
[1/13, 7:41 AM] mdmawere1: Will do.
[1/13, 7:42 AM] mdmawere1: Thanks for your contribution to the debate.
[1/13, 7:46 AM] Shepherd Tembo: Still in Zim until the first quarter of the year, my contribution will /maybe limited due to that, but will always endeavor to do that, and more robustly when in SA
[1/13, 7:46 AM] Shepherd Tembo: Hope you are well
[1/13, 7:51 AM] mdmawere1: Great. Do you think we are making progress in developing a shared understanding on the application?
[1/13, 8:32 AM] Shepherd Tembo: Absolutely I think it’s helping in many ways more than one :

  1. It can never be underestimated or downplayed that there is now enlightenment in terms of what happened and how the law has been used /abused against zimbabwean people by Zimbabwean political elite to dispossess fellow hardworking people in Zimbabwe.
  2. Zimbabweans have to be enlightened become fully conscious of their fundamental rights and recourse in case such rights are violated
  3. It fosters and encourages active citizenry towards upholding and defending their rights and the constitution
  4. Most critically especially for business people , they should realize that unless this is nipped on the bud the budding Entrepreneurship is suffocated and under siege from opportunistic politicians and their minions (surrogates)

It’s tragic that some still are naive to think it’s a Mawere issue
[1/13, 8:37 AM] mdmawere1: Do you think it is mischief that informs this attitude or it reflects a general human view that victims author their own injuries?
[1/13, 8:45 AM] Shepherd Tembo: A very good question:

  1. For those abusing the law it’s deliberately using the law as a weapon to disenfranchise the people and taking advantage of people’s ignorance.
  2. To the surrogates and minions being used it’s benefiting from the system that they dare not challenge lest the system doesn’t reward them . They always benefit from residual income that comes with carrying out such unfair and wrong assignments when on mission, creating lucrative contracts and jobs for the boys
  3. There is also a class of young upcoming people who have not been exposed to any other competent highly developed system that looks at meritocracy and it’s benefits to them zimbabwe presents an opportunity where you have to side with the Manikais celebrate them and you quickly rise and benefit from this abuse of the law
  4. For many others the general populace the unsophisticated no one has bothered and or dared to take their take to deliberately Inform them about the law basic law , the constitution , the duties and expectations of the office bearers and the politicians will capitalise on that

So it’s a mixture
[1/13, 8:48 AM] mdmawere1: Let me share the draft in PDF form so that you can help shape and define its character highlighting the issues of concern inherent in this matter.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published.





Minister Lindiwe Sisulu to lead the state of world population report launch focusing on the impact of unintended pregnancy in her capacity as the Acting Minister of the Department of Social Development, the Minister of Tourism – Ms Lindiwe Sisulu, will deliver a keynote address at the State of the World Population (SWOP) launch today, Thursday 23 June 2022, in KwaZulu-Natal.

Nearly half of all pregnancies, totalling 121 million each year throughout the world, are unintended. In Southern Africa, 65 percent of pregnancies between 2015 and 2019 were unintended and 36 percent resulted in abortion.

For the women and girls affected, the most life-altering reproductive choice – whether or not to become pregnant – is not a choice at all.

It is in this context that the Department of Social Development, in partnership with the United Nations Population Fund (UNFPA), is launching the State of World Population 2022 report focusing on the unseen crisis of unintended pregnancies.

Titled: “Seeing the Unseen: The case for action in the neglected crisis of unintended pregnancy”, the State of World Population 2022 report highlights the 121 million unintended pregnancies every year as a global failure of basic human rights, and a neglected crisis.

It reveals the scope and impact of unplanned pregnancy on women, girls, households, societies, countries, and global development.

The launch will take a South Africa-led multi-country format, which entails a dialogue with senior government officials, to be followed by youth engagement activities facilitated by young people from youth networks in the Southern African Development Community (SADC) region.

This engagement will be attended by SADC region dignitaries, and cabinet ministers from countries including Malawi, Zimbabwe, the DRC, and eSwatini. The Premier of the KwaZulu-Natal Province, Mr Sihle Zikalala, and the MEC of the Department of Social Development in the province, Ms Nonhlanhla Khoza, will also join the delegation.

Continue Reading





The Republic of South Africa (RSA), as a Member State to the United Nations (UN) and a Troop and Police contributing country, has been nominated to host the 6th United Nations Partnership for Technology in Peacekeeping Symposium. The Symposium will be held at the Council for Scientific and Industrial Research (CSIR) International Convention Centre (ICC) in the City of Tshwane (Pretoria), Republic of South Africa from 21-24 June 2022. This is a key annual event in the provision of Technology to UN Peace Missions.

The Symposium is organized by the United Nations (UN), represented by the Department of Operational Support (DOS) and the United Nations Office of Information & Communications Technology (OICT) in cooperation with the Government of the Republic of South Africa (RSA). The RSA Defence Review 2014 militates for strategic shaping and influence through Defence Diplomacy

Attendees of the Symposium will include participants invited by the United Nations. These will comprise of Member States, Civil Society and Academia, UN Officials, International Consultants, Participants invited as observers by the United Nations and the Government of RSA including representatives from Inter-Governmental or Non-Governmental organizations or Institutions. It will bring together experts from Member States, Civil Society, the UN and its partners to explore innovative ways that can contribute to Peacekeeping using Technology as a catalyst. The symposium will also provide a forum to develop strategic partnership aimed at delivering tangible and sustainable outcomes.

The main purpose of the Symposium will be to align with key recommendations in the Strategy for Digital Transformation of United Nations Peacekeeping and to provide a communications platform that emphasizes cooperation as a key enabler of the organization.  Emphasis is put on tangible outcomes, optimization of Operational procedures and “know-how” transfer on the use of modern Technologies that are not yet included in the typical Peacekeeping Mission portfolio and will explore creative and collaborative opportunities to enhance Field Technology in the areas of;

•           Protecting Peacekeepers

•           Information-driven Peace Operations

•           Integrated Training and Capacity building

•           Eco-responsibility and;

•           Telemedicine.

South Africa will be the first African country to host the Partnership for Technology In Peacekeeping Symposium. Previous Symposiums were hosted by European and Asian countries. This is an important milestone for the African Continent. The symposium falls within the scope of the mandate of the General Assembly resolution(s) 46/48 of 9 December 1991, 48/42 of 10 December 1993 under which are Peacekeeping Training requirements and the use of Technology in Peacekeeping.

In June 2014, the Department of Peacekeeping Operation (DPKO) and the Department of Field Support (DFS) of the UN commissioned a “Panel of Experts in Technology and Innovation in UN Peacekeeping” to recommend ways in which the organisation could leverage Technology and Innovation to enhance its Operational effectiveness.

In the advent of the 4IR Industrial Revolution, the partnership for Partnership for Technology in Peacekeeping aims to extend involvement in Peacekeeping from the International Community through a comprehensive framework that can support collaboration and the introduction of modern technologies and concepts in Field Missions. The Symposium is designed to explore ways to support the UN Peacekeeping and the Field Operations community by leveraging cutting edge technologies to enable Military, Police and Civilian personnel in the face of critical challenges.

By hosting this Symposium, South Africa hopes to;

•           Promote locally developed Technology products,

•           Increase awareness of what RSA has to offer to the UN Missions and Member States Technology-wise,

•           Enhance the indigenous Defence Industries Capabilities at a United Nations-led platform that has Global reach.

Furthermore, this endeavour is also focused on generating interest for collaboration efforts in Technology Development with Strategic Countries in line with the Presidential campaign of attracting Foreign Direct Investment into the country.

The 6th United Nations Partnership for Technology in Peacekeeping Symposium local organisers and participants include, the State Security Agency (SSA), Department of Trade and Industry (DTI), Department of International Relations and Cooperation (DIRCO), Department of Science and Technology (DST), Department of Home Affairs (DHA), South African Police Service (SAPS), National Defence Industry Council (NDIC) and other participants.

Continue Reading


Ramaphosa officially opens SADC Extraordinary Summit of the Organ Troika of the Heads of State and Government



The Extraordinary Summit of the Organ Troika of the Heads of State and Government of the Southern African Development Community (SADC) plus SADC Mission in Mozambique (SAMIM) Personnel Contributing Countries (PCCs) and the Republic of Mozambique, was held virtually on 12th April, 2022.

The summit was officially opened and chaired by His Excellency Matamela Cyril Ramaphosa, President of the Republic of South Africa and Chairperson of the SADC Organ on Politics, Defence and Security Cooperation.

The summit was attended by SADC Heads of State and Government, their representatives and members of the Troika of the Ministerial Committee of the Organ (MCO), Ministers from the SAMIM Personnel Contributing Countries, the SADC Executive Secretary and Head of the SADC Mission in Mozambique (SAMIM).

The progress of SAMIM was noted by the summit, as presented by the Head of the SADC Mission in Mozambique, and commended SAMIM leadership, including men and women on the ground for their sacrifices and commitment to the fight against terrorists acts in some parts of Cabo Delgado Province.

The transition of SAMIM from Scenario 6, (Rapid Deployment Capability) to Scenario 5 (Multidimensional Force), with a robust mandate was approved and the summit commended SAMIM Personnel Contributing Countries for their continued support by pledging capabilities and personnel to enhance the effectiveness of SAMIM operations, and urged Member States to continue supporting the mission.

The summit expressed its appreciation to the African Union (AU) and the International Cooperating Partners (ICP’s) for the support towards stabilization of the security situation as well as the socio-economic recovery and development of Cabo Delgado Province.

Expressing solidarity with the Republics of Botswana, South Africa, Kingdom of Lesotho and the United Republic of Tanzania for the demise of soldiers serving the Mission, the summit expressed words of comfort for those wounded in action.

The Republics of Zimbabwe and Malawi were commended by the summit for the spirit of solidarity expressed through delivery of the pledged donation of foodstuff in 3 support of Humanitarian assistance to the affected population of Cabo Delgado.

The Head of Mission was directed to coordinate with the Republic of Mozambique on the implementation of the comprehensive Integrated Reconstruction and Development Plan of Cabo Delgado.

The summit acknowledged the expression of gratitude by His Excellency Filipe Jacinto Nyusi, President of the Republic of Mozambique for SADC’s continued support, collaboration and cooperation towards attainment of sustainable peace and security in the Cabo Delgado Province.

His Excellency Matamela Cyril Ramaphosa, President of the Republic of South Africa and the Chairperson of the Organ on Politics, Defence and Security Cooperation, was commended for his leadership in steering the work of the Organ in pursuit of lasting peace, security and stability in the SADC region.

Mr. Tinashe Mpasiri and President Cyril Ramaphosa

Speaking after the summit, Mr. Tinashe Mpasiri, a member of Justice Under Rule of Law (JUROL), an initiative of the Banking On Africa’s Future (BOAF), said, “Peace is not simply about the absence of violence. It is defined by the presence of fundamental liberties and the prevalence of economic opportunities. Justice under rule of law is a step towards prevalence of economic opportunities. Absent the rule of law economic development is a mirage and it is the duty of the citizens to ensure that public office bearers who have taken an oath to uphold, promote and defend the constitution of the republic, are held accountable for their conduct.”

Continue Reading


Copyright © 2020 iniAfrica. an African narrative about ‘The Africa I want‘