ACJ Zondo Under the Spotlight

Acting Chief Justice Zondo is under the spotlight following his public spat with the Hon. Lindiwe Sisulu on the independence and impartiality of the judiciary.

A Zimbabwean adult male businessman and academic, Mr. Tichaona Mupasiri, launched a landmark court application to impeach President Mnangagwa’s conduct in terms of s167(2)(d) and s167(3) of the Constitution of Zimbabwe based on serious and scandalous allegations made against him by his close confidante and legal adviser, prominent Harare-based lawyer, Mr. Edwin Manikai.

This follows Mr. Manikai’s revelation that an alleged political fallout with businessman, Mr. Mutumwa Mawere, led to the demise of a sprawling business empire of 26 companies employing about 20,000 using a law that offends public policy.

In order to decimate Mawere’s business empire, regulations were promulgated using state of emergency powers reserved for the state of emergency situations.

Chinamasa, Mnangagwa’s buddy, was the hatched man who issued a decree divesting the shareholder and directors of SMM Holdings Private Limited (SMM) of the control of not only SMM but other entities that were deemed using administrative fiat as being under the control of Mawere.

A hand-picked Administrator was appointed by Chinamasa under the control of Mnangagwa to assume the control and management of all the companies targeted and earn a fee of 6% of the gross turnover generated by the 26 companies that were earning about US$400 million at the time.

The rights from this heist were recognized and enforced in South Africa with prominent judges under the control of the former South Gauteng, Deputy Judge President, Mojapelo.

In terms of the Cross Corder Insolvency Act 2000, a foreign representative of a company under judicial management or liquidation must seek the leave of court before litigating yet this Administrator, a creature of statute was given carte blanche to assert the rights stolen from private shareholders in South Africa.

In a letter written to Acting Chief Justice Zondo, Mupasiri raises a serious constitutional and legal question whether a law that offends public policy can be recognized and enforced in a forum like SA is in doing so, the rights that were stolen using the force of law in a foreign state are asserted using the medium of a juristic entity.

He also raises the question of whether an Administrator created by a law that is repugnant to the Constitution of South Africa can be recognized and tolerated in SA.

Mnangagwa in his response to the Mupasiri challenge finds refuge in the fact that SA courts have already made a finding that this draconian law is constitutionally valid and enforced it.

In the premises, he argues that he cannot be held accountable for the injuries caused by a law that found favor from the high African priests of justice and the rule of law who are in the main located in South Africa.

With respect to SA, this is what his associate stated as fact:

Below is an extract of Mnangagwa’s crony who stated as follows:

In October 2010, Chinamasa issued the following press statement in which the role of SA Courts featured prominently:

President Mnangagwa who was not President at the material time had this to say under oath on 24 December 2021:

Who should be the next Chief Justice of SA? As the JSC considers this question, this story speaks of a wounded system that would allow tyranny to find space in the country with the judiciary playing the role chief enforcers.