fbpx
Connect with us

Africa

Justice Makarau is cornered

Published

on

President Mnangagwa who is the Respondent in a section 167 application launched by Mr. Tichaona Mupasiri (TM) on 17 December 2021 defended himself in relation to serious and scandalous allegations made by his lawyer, Mr. Edwin Manikai, on 27 March 2021, that he was the driving force behind the attack on SMM Holdings Private Limited (SMM)’s control and management under a project that can APTLY be described as RECONSTRUCT MAWERE involving the use of extrajudicial measures to achieve this.

Manikai’s utterances that triggered the facts and events leading to TM approaching the Court seeking the Court to determine if President Mnangagwa’s decision to refuse and fail to give his own version of his personal knowledge and involvement in relation to the facts and circumstances of the reconstruction of SMM.

Below, Manikai states as true and fact as follows:

Prominent Zimbabwean Lawyer, Mr. Edwin Manikai

Set out below is what Manikai said:

Contrary to what Manikai alleged above that the decision to divest and deprive Mawere of all his Zimbabwean assets in Zimbabwe, Zambia, South Africa, and the UK was triggered by a major political fallout between President Mnangagwa and Mawere, the ultimate shareholder of SMM, President Mnangagwa used the defence of res judicata as one of his many reasons why the Mupasiri application should never be granted on merits:

The President’s point of departure is that he cannot be impeached when TM relies on his application on court orders that are valid and final.

The President who is represented by DMH Attorneys boldly asserts that the defence of res judicata is appropriate and legitimate given that Zimbabwean courts have spoken to the constitutional validity of the judicial findings in relation to this question.

In the premises, President Mnangagwa told TM to take a hike and advised TM who is a self-actor in the matter, to bring an application for rescission of all judgments that he feels were improperly obtained.

President Mnangagwa concluded above that he had no duty to test the veracity of the allegations made by Manikai that facts of SMM confirm the version of Manikai that absent the active involvement of state actors like Chinamasa and President Mnangagwa, state institutions would not have been paralyzed to knowingly and intentionally condone and acquiesce to the modus operandi used to achieve the outcome of using public power and institutions to deprive and divest of rights and freedoms reserved by the rule of law to all citizens including Mawere.

The President put the judiciary’s role in the SMM’s saga under the spotlight by stating under oath that: “Without the recall of orders on the basis upon which the reconstruction process was conducted, this application is incompetent. IT MUST FAIL.

The President also challenged TM’s locus standi as follows:

President Mnangagwa asserted boldly above that for a citizen to impeach his conduct, s85 of the Constitution is appropriate even though the Constitution provides that a s167 attack does not need one to have any direct and substantial interest in the outcome of any complaint based on a breach of duty by a President.

Against the above backdrop, Mawere in his application under Case Number 10/22 for leave to intervene in this landmark constitutional application in post-colonial Zimbabwe, asserts that since the President invoked his name as the driver of TM’s constitutional application, it is in the interests of justice that the court grants him the leave so that he can respond to the allegations made by President Mnangagwa that the judgments TM rely upon us tainted by fraud should be openly and transparently interrogated so that the Court can determine whether his reliance on what TM believes to be fatally defective judgments is by design or part of a criminal syndicate as admitted by Manikai.

It is worth pointing out that President Mnangagwa has confirmed that he was intimately involved in the affairs of SMM although he stated in his affidavit that:

President Mnangagwa above states boldly that he should not give his version to the Court that has a duty to the administration of justice and the truth in it, because even if he was involved in the reconstruction affair before he became President, he has no duty to bring the nation into his confidence on what he knew and when including his involvement in the affair.

Notwithstanding the above bold statements by President Mnangagwa, he asserted in paragraph 72 of his opposing affidavit in relation to TM’s application that: “the facts relating to SMM are known to him.”

The Manikai version has confirmed that President Mnangagwa has knowledge about the matter but he has no intention to give the Court and the public in general when, why, and what he knows in relation to SMM when he had no official nexus with the matter prior to November 2017.

It is on record that the refusal or failure by President Mnangagwa in response to the Manikai’s version is connected to his alleged role in the abuse of public power in a brazen and draconian manner.

“All along, I thought it just a rumor that President Mnangagwa was the driving force of the demise of SMM but this TM court application is unraveling what many of us thought was a dead case.

I have been following this matter closely over the years and more recently as a member of FOSMM and now I can connect the dots that have been missing in the narrative.

President Mnangagwa has for the first time given his version in form of a sworn statement and it does help any citizen to know why he is not prepared to disclose his state of knowledge and more importantly his involvement in this epic attack on constitutional democracy.

It is now official that President Mnangagwa was fully briefed and the implications of this admission are that he has constructive knowledge of all the pertinent facts known to him to respond to Manikai’s important revelations that he put his personal interest to be President above his oath of office,” said Mr. Tee Siya who is based in Botswana and is a member of the Justice Under Rule of Law (JUROL), an initiative that is chaired by TM as part of the pursuit to ensure that the barbaric methods used to destroy SMM and related entities will never happen again.

“It is striking that a tainted judge like Makarau who presided on an application by SMM’s sole shareholder, SMM Holdings Limited (SMMH), a UK registered company and exposed the fact that she constructively and intentionally to the prejudice of SMMH refused to consider the merits of the matter knowing that absent merits no appeal could be mounted.

I have in the context of the FOSMM Corporate Literacy Programs, been astounded that a judge who is not bound by the limitations imposed by the Constitution was promoted over the years resulting in her present position without being exposed and flushed from the system.

On 14 October 2020 well before the Mupasiri court application, an article was published by the zwnews24.com online publication as follows: https://zwnews24.com/justice-makarau-a-big-disappointment-mkoma-masimba-bhukurebenzi/2020/.

I am thrilled that the despicable conduct of Makarau is now inside the court and not in chat groups and I am encouraged that she is now being made to account for her judgments.

With respect to the review application that she dismissed without looking at merits, I have checked with legal scholars that an independent and impartial judge can have the title in a constitutional court to adjudicate a dispute without having regard to the merits.

I was shocked to learn that Justice Makarau was angry with TM for raising the issue of her reprehensible conduct of using technicalities to deny THZ Holdings Limited (THZH) access to justice and to determine its rights and freedoms without considering the questions put to the court on merit.

Having read President Mnangagwa’s opposing affidavit to TM”s breach of office complaint, it is clear that the President has something to hide. However, the attempt to use the judgments of corrupt judges as his defence for failing to uphold his constitutional duties is chilling and disturbing.

I have read this article and I fully associate with the position that Justice Makarau knew and ought to have known that by ignoring the merits of the review application, she had effectively closed the door to any remedy of appeal, review, and rescission as her judgment was not based on any reasoning at all but nothing.

The inescapable conclusion is that the integrity and trust that should underpin the judicial system as an independent and impartial organ of government is being systemically and systematically undermined but the very people we look up to uphold and defend it,” said Mukoma Masimba, a member of FOSMM and JUROL.

In his recusal application, Mawere framed his cause of complaint against Justice Makarau presiding over the application for leave to intervene:

It is not in dispute that President Mnangagwa is of the view that a judge like Makarau acted properly in dismissing this review application.

Set out below is what Mawere stated in his application (the link to all the court submissions by the Intervening Parties and the Respondents can be found on: https://online.flipbuilder.com/mmawere/sdci/:

Mawere stated that it was common cause that Justice Makarau determined a substantive application without having any regard to the merits.

The firm, DMH, and the person of Edwin Manikai prosecuted this matter to permit Manikai, the Second Respondent in the TM challenge, to fail to correctly inform President Mnangagwa that the version given to the Court by Mawere was true and factual.

“I am surprised that a lawyer, an officer of the court with a duty to upholding the rule of law, would be complicit in the obvious perjury involved in the President, the Chief Executive Officer of the country stating under oath that

The President herein states that Justice Makarau dismissed the SMMH application on merit.

This is what Justice Makarau stated in her judgment that can be found here: https://online.flipbuilder.com/mmawere/sdci/ on this matter:

Justice Makarau contrary to President Mnangagwa’s self-created narrative indicates in her judgment that she considered it unnecessary to determine the matter on the merits. Justice Makarau when confronted with her own oath chose political expediency as the appropriate remedy.

Against the above, would it not be in the interests of justice for the President to be compelled to give his own version of facts on how Justice Makarau’s version that she did not consider the judgment on merits can be substituted by the President’s sworn statements based on fabrications?

Set out below, are the results from a search on the words: “ON THE MERITS.”

“The phrase “on the merits” refers to a case whose decision rests upon the law as it applied to the particular evidence and facts presented in the case. This is in opposition to cases whose decisions rest upon procedural grounds.”

What is a judgment on the merits?


“On the merits” refers to a judgment, decision, or ruling that a court will make based on the law, after hearing all of the relevant facts and evidence presented in court.

What does merit mean in court?


“referring to a judgment, decision, or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case “on the merits” when he/she bases the decision on the fundamental issues and considers technical and procedural defenses as either inconsequential or overcome.”

What is merit in court?

“In law, merits are the inherent rights and wrongs of a legal case, absent of any emotional or technical bias. The evidence is applied solely to cases decided on its merits, and any procedural matters are discounted. The term comes from Old French merite, meaning “reward” or “moral worth”.

What is merit defense?


“MERITS. This word is used principally in matters of defence. 2. A defence upon the merits, is one that rests upon the justice of the cause, and not upon technical grounds only; there is, therefore, a difference between a good defence, which may be technical or not, and a defence on the merits.”

What are the merits of a matter?


“merits, the inherent rights, and wrongs of a matter, as a lawsuit, unobscured by procedural details, technicalities, personal feelings, etc.: The case will be decided on its merits alone.

A decision on the merits is a decision based on evidence rather than on technical or procedural grounds. It is an ultimate decision rendered by a court in an action that concludes the status of legal rights contested in a controversy.”

What does judged on its merits mean?


“phrase. If you judge something or someone on merit or on their merits, your judgment is based on what you notice when you consider them, rather than on things that you know about them from other sources. Everybody is selected on merit. Each case is judged on its merits.”

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published.

Africa

MINISTER LINDIWE SISULU TO LEAD THE STATE OF WORLD POPULATION REPORT LAUNCH

Published

on

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

Africa

THE REPUBLIC OF SOUTH AFRICA TO HOST THE UNITED NATIONS 6TH INTERNATIONAL PARTNERSHIP FOR TECHNOLOGY IN PEACEKEEPING SYMPOSIUM

Published

on

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

Africa

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

Published

on

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

Trending

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