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Who has title to decide to prosecute civil or constitutional questions on behalf of the President?

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In the matter under Case Number CCZ 34/21, the Applicant, Mr. Tichaona Mupasiri, launched his application and served it at the Attorney General’s office believing that s114 of the Constitution was applicable.

Mr. Mupasiri explains the reason and logic behind the targeted Respondents as follows:

“At the time, I launched the application, I will alive to the background and reason why s167 is limited to the apex court’s exclusive jurisdiction in determining the merits or demerits of a complaint regarding the breach of a constitutional duty imposed specifically on the President as the constitutional head of the government of Zimbabwe.

I knew that no President who is not conflicted would miss any opportunity to correct a record that may exist with or without his knowledge regarding his conduct.

I wrote a letter to Manikai, the author of the utterances made in a chat with Mr. Fred Mutanda on 27 March 2021 or after 17 years of the placement of SMM under the control of an Administrator appointed by Chinamasa in his capacity as a purported representative of a creditor of SMM.

It was alleged that SMM was indebted to the state solely because its ultimate beneficial shareholder, the person of Mr. Mutumwa Mawere had diverted SMM’s export proceeds in SA resulting in SMM being forced to borrow funds from the state.

If this version was true and fact, I reckoned that any bona fide creditor, would not need the agency of a Minister of Justice to assist in debt collection when such an eventuality of a defaulting debtor is a common occurrence in relation to companies as going concerns.

I could not find any justification for the actors like Chinamasa using public power to create facts and circumstances in respect of a debtor like SMM being targeted by creating a special law providing for a creditor in the name of the state being clothed with powers to self-help and benefit from a law specifically crafted to create a new class of corporate citizenship in the name of the state.

After the revelations by Manikai, I took an interest in better understanding the facts and circumstances that informed the decision to divest and deprive shareholders of SMM in the manner that unfolded the abortive attempt to extradite Mawere from SA to Zimbabwe in May 2004.

The more I tried to understand the facts the more the knowledge I obtained from pedestrian sources did not make sense.

This called for me to use the FOSMM and JUROL platforms to reach out to Mr. Mawere and others who possessed personal knowledge to help respond to the frequently asked questions as follows:

When I chose to seek refuge in s167 of the Constitution as the appropriate point of departure in my quest for the truth, it never dawned on that the President was going to be involved and impose his power and authority to have a conflicted person like Manikai get the agency to defend him.

It is specifically provided that one of the functions of the AG is to represent the government in all civil and constitutional proceedings.

On 24 December 2021, I was served with two affidavits one that was deposed to by the President opposing my application and the second one by Manikai.

I already knew that my application had already been thrown to the wolves by President Mnangagwa who I expected to treat my complaint with the seriousness it calls for.

Regrettably, this opportunity was squandered by the President. This resulted in my taking the next step of writing directly to DMH to establish whether the decision by the President was facilitated by the office of the AG or the President had unilaterally engaged DMH using public resources.

I wrote a letter dated 27 December 2021 naively believing that following rules and the law is what would ordinarily guide a lawyer, I was surprised that DMH ignored my gesture completely.

The next thing is that DMH had gotten the attention of a nameless and faceless judge who directed that matter be set down for hearing on 9 March 2022 even before resolving the authority question that I had flagged.

It was already obvious that the outcome of my application could already have been predetermined.

Following the receipt of the letter informing me that the hearing of this dispute had already been set down, I immediately launched an interlocutory application seeking the relief set out below:

It is clear from the above that the issue of authority was central to my application seeking a declaration by the Court setting out the procedures including the limitations imposed by the constitution in respect of engaging private law firms in providing external services in relation to litigations of the kind I launched.

I only got the answer from Mr. Gondogwa on behalf of DMH’s clients, the President, and Mr. Manikai, in response to Mawere’s challenge regarding his recusal application, that DMH had been appointed by the President to defend him with public resources.

However, the facts of the matter speak to a completely different narrative that the decision by the President to oppose my s167 application was made without the knowledge and involvement of the office of the AG.

It was only after realizing that I had raised the issue that an attempt was made by correspondences to mislead the court into believing that DMH’s agency was procured by the AG when this is false.

My experiences since launching my application confirm that DMH’s relationship with the President does not fall into the category of attorney to client realm.”

WHO POSSESSES AUTHORITY TO APPOINT AND PAY FOR THE SERVICES OF PRIVATE LAWYERS TO ACT IN ON BEHALF OF PUBLIC OFFICE BEARERS?

This is a question for our readers to comment in the quest to create a Zimbabwe that is accountable and transparent.

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

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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.

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

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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.

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

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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.”

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