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Mr. Cedric Muronda, a member of the Justice Under Rule of Law (JUROL), an initiative powered by the Friends of SMM (FOSMM) network, takes the Mupasiri constitutional challenge against President Mnangagwa to the Attorney General of Zambia.

Peter Smith

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In a new twist to the ongoing saga on what President Mnangagwa knew and didn’t in relation to the birth and prosecution of the draconian Reconstruction Laws that led to the unprecedented application of these laws in Zambia resulting in significant financial prejudice, Mr. Muronda, a Zambian businessman, confirmed that the mere fact that a government functionary was able to invade Zambia jurisdictional space with impunity is a chilling reminder that absent the rule of law and vigilance, no one is safe.

In a letter to the Attorney General dated 17 February 2022, he stated as follows:

International law which is the law of Zimbabwe prohibits the application of any that in another sovereign state.

Notwithstanding, the facts contained in Mr. Muronda’s letter to the AG of Zambia confirm that Mr. Gwaradzimba, who assumed the control and management of SMM Holdings Private Limited, following the use of public power to divest the company’s shareholders and directors of its control without the involvement of Zimbabwe’s parliament and judiciary, he instructed President Mnangagwa’s law firm, DMH Attorneys, to prosecute a fraudulent claim that was asserted in the High Court of Zambia that pursuant to the operation of the Zimbabwean law, he is deemed to be the Administrator of the Zambian company.

Mr. Brian Manyati, a member of JUROL said: “The fact that DMH was involved in this cross border corruption scandal confirms that public power was used to invade Zambian territory and the jurisdiction of the Courts.

I fail to understand how DMH, a firm that has exclusively handled all the SMM related matters since 6 September 2004 to date, could even have the audacity of being involved in a matter that patently represented an attack on Zambia on the basis that SMM was a parent of TAP when no facts existed.

I had no idea of the international dimension of this complex and sad story of how the government of Zimbabwe was captured and used to line the pockets of its private individuals in Zambia with impunity.

Manikai, a prominent Zimbabwean lawyer, who masterminded this corrupt scheme benefited beneficially from the proceeds of this crime as a director of TAP and through overseeing the siphoning off about $1 million from the company

Mr. Tinashe Mpasiri, a director of TAP, said: “When I spoke to Gwaradzimba about this matter, I was surprised that after 16 years, he would have the courage and conviction to assert that the attack on the Zambian territorial and jurisdictional sovereignty was not criminally motivated as he believed that SMM was a shareholder of TAP.

The records of the company kept at the Registrar of Companies in Zambia show that SMM was never a shareholder of the company to allow anyone to make assumptions.

The fact that a Zambian law firm, Mulenga Mundashi Legal Partners (MMLP) was engaged by DMH to look at the relationship between TAP and SMM prior to the launch of an application to assert a non-existent right confirms the criminality that inspired this invasion and theft of funds.

Mundashi’s, a Senior Counsel, and a practicing attorney who is an officer of the court, MMLP, was paid to attend to the conducting a search at the Companies Registry yet he overlooked the records that showed that there was no shareholding relationship between TAP and SMM.

Mundashi was paid $137,346.10 to establish SMM’s status and advice DMH and in turn, SMM under the state-driven Administration was also paid to advise on the relationship between SMM and TAP but chose to act criminally by personally attending to prosecute a claim founded on falsehoods.

Below is a tweet on the JUROL handle that contains a link to the letters written to Gwaradzimba and the Attorney General of Zambia:

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