On 17 December 2021, Mr. Tichaona Mupasiri, launched an application against President Mnangagwa, in his official capacity, alleging a breach of duty when he refused and failed to take any next steps when on 9 November 2021, he was informed of the existence of Mr. Manikai’s, his lawyer. malicious and scandalous allegations that he was knowingly and intentionally in the hijacking of SMM using the force of law to achieve this attack on the constitutional order.
Mr. Mupasiri said:
“My case is fundamentally premised on two foundational principles and values of our constitutional democracy – openness or transparency and accountability – as well as my quest as a citizen in terms of the provisions of s2(2) of the Constitution to play my party holding the powerful to account for their deeds.
My civic duty to speak truth to power is unfettered and not subject to instructions from anyone else.
It is trite that the ushering in of the 2013 Constitution introduced the role of the Constitutional Court in determining whether the failure and refusal of the President to investigate the serious allegations made by Manikai that the reconstruction of SMM was tainted corruption and fraud constitute a failure to fulfill his constitutional obligations.
For the last 43 years, concerns are galore on the lack of ethical state craftsmanship and our collective failure as citizens to ensure the existence of checks and balances that should underpin the institutionalization of good governance.
My application is also about the abuse of public power and funds with impunity.
It is my observation that the endemic corruption in Zimbabwe is a consequence of the systemic broken system whose effect has been an erosion of government integrity, transparency, and accountability that is necessary to provide the necessary checks and balances required for a functional and just system.
It is not in dispute that the President is bound by the supreme law of the country and is prohibited from exposing himself to any situation involving the risk of a conflict.
When I read the chat in the FOSMM group, I was shocked that President Mnangagwa, if he knew the legal and constitutional implications of what Manikai said his role was in the construction of the illegal reconstruction scheme, would still be close to him.
No one can doubt the reality of a conflict between President Mnangagwa’s official duties and his private interests to be the successor to the late President Mugabe.
Having had the opportunity to learn from the facts generously shared in the FOSMM group, I was compelled to take the steps that I have taken to ensure that the truth is told especially in relation to the facts and circumstances of the unfortunate decisions and actions that led to the introduction of the Reconstruction of State-Indebted Insolvent Companies Regulations and after the fact, the enactment of the Act.
The foundational values of openness and accountability demand that I discharge my duty to the constitution by demanding that the secrecy that has characterized the prosecution of the Reconstruction affairs in relation to juristic entities in Zimbabwe be exposed without favor or prejudice.
I was confident that President Mnangagwa would never refuse to account for his alleged actions but my confidence in his innocence in this matter has been dampened.
Clearly, the opportunity for both Manikai and President Ramaphosa has been squandered and is being wasted in the court processes when all I wanted was for Manikai to bring the nation to his confidence on what happened in relation to the bizarre manner in which state power was deployed to introduce and use the reconstruction regulations and act in relation to Zimbabwe’s corporate citizens.
The remarks that Manikai made and shared in the FOSMM groups confirm that the force of law was used to create the facts of state-indebtedness when no jurisdictional facts existed to support this allegation.
The misuse of public funds in prosecuting the reconstruction of SMM is unmistakable.
I am in receipt of correspondence from SMM’s UK registered shareholder, SMM Holdings Limited (SMMH), Dr. Cleopus Sanangura in relation to the prosecution of the SA litigation matters, and TAP director in relation to the theft of about $5 million from the company and the role of DMH in the heist which fortifies my position that either President Mnangagwa was misinformed or he is part of the illegal corporate coup.
I am encouraged that the media is beginning to understand the true nature of my application and urge citizens to vigorously interrogate the facts inherent in this matter as it is clear that the Constitutional Court by directing outside the court that the President has no duty to respond to my serious allegations that are informed with facts, the outcome of my application seems to have already been determined and disposed of.
It is the duty of every citizen to be vigilant and to ensure that the rule of law is protected and promoted.
As a citizen, I am determined more than ever to expose the rot in any sphere of government as empowered by the constitution of this country.
I am determined to see this matter to its conclusion and I reiterate my position that I will never abdicate my constitutional responsibilities.
President Mnangagwa’s ascendency to public office was steeped in fighting corruption. I did not expect him to suffer from the same inditement that his predecessor suffered when allegations were made against him that he was in truth and fact surrounded by a cabal of criminals.
President Mnangagwa must be held accountable for failing to report to law enforcement agencies the alleged plundering of public funds in the prosecution of the reconstruction affair and the unaccounted funds used in litigating matters related to the cause of divesting shareholders and directors of the control and management of their companies.
The Mnangagwa administration on the face of it appears to have a clear policy on fighting fraud and corruption. I was guided by this policy when I wrote the letter to him in November 2021 expecting him to join forces with me to make Manikai accountable for his remarks.
The people of Zimbabwe have legitimate expectations that the Constitutional Court will live up to its intended role in transforming this country especially having regard to the fact that even under Mugabe, the organs of state that could have stopped the attack on the rule of law were already captured by untouchable persons like Manikai.
I had to take it upon myself to ensure that all public funds that were used in the name of reconstruction accounted for to the cent allegedly spent on their behalf.”
The alleged role of President Mnangagwa in the demise of SMM has been in the public domain from the onset.
It is President Mnangagwa who has imported us to spare no effort in exposing corruption to permit another narrative that compels him to conceal it using the Court.
He says he first heard the recording of Ramaphosa on 20 December, when Parliament had closed for the festive season.
My application was triggered by President Mnangagwa’s refusal and failure to disclose what he knows when he knew, and from whom he knew about the affairs of SMM’s reconstruction affair especially against the backdrop of his denial that he was not in his current position at the material time when the corporate coup was conceived and born.
The existence and veracity of the chats that are in my possession have not been denied which means that the contents are genuine and were generated by Manikai and should be as good as oral evidence given in person.
It is Manikai who created the cloud that has hung over President Mnangagwa’s head since 2004 and his alleged role in the affairs of SMM is and has been in the public domain.
It is Manikai who has provided the link to him in a graphic and political context that ordinarily would be buried in secrecy.
Manikai in his answering affidavit does not dispute the authenticity of the utterances or the veracity of the serious allegations he made against President Mnangagwa.
Truth or integrity is after all at the heart of the Office of President of the Republic
particularly in relation to his or her constitutional obligations.”
“Deciding to present a version known to be untrue to an organ of State whose constitutional duty it is to strengthen our democracy is conduct that is inconsistent with that high office and the obligations that the incumbent has – to uphold, defend and respect the Constitution as is happening in the Mupasiri case where the cause of complaint has been deliberately manipulated by the President’s lawyers, DMH, who have instructed Advocate Thabani Mpofu to argue the matter, exposes the reality of a broken system involving not just corrupt judges but lawyers,” said Mr. Frederick Kyle, a lawyer based in Finland who acted on one of the SA matters.
Mupasiri further stated that: “The impugned violation by the President is strictly limited to his refusal and failure, to tell the truth, and disclose his involvement in the birth and implementation of the Reconstruction Act and his true relationship with DMH, the law firm, and Manikai in particular in relation to the affairs of SMM and other related matters involving the application of a law that offends public policy.
It has nothing to do with the special and specific circumstances of SMM but it cannot be denied that what preceded the enactment of the Reconstruction Act was the hijacking of SMM using regulations that were extrajudicially introduced with no provision for parliament and the judiciary.”
This is what President Mnangagwa stated under oath in his answering affidavit dated 24 December 2021:
He further asserted as follows:
It is clear from the above that although on paragraph a(4) of his affidavit wherein he professed ignorance about the reconstruction of SMM, he confirms above that he was fully briefed without explaining in detail as to why, when, where, and by whom he was briefed. He fails to explain his interest in the matter at all to permit the alleged briefs.
It is against the above background that one can understand the context in which Advocate Thabani Mpofu concluded in his Heads of Argument as follows:
Below is the thread between Mupasiri and Mutanda that is a MUST TO READ: