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Mukoma Masimba v Justice Makarau on Fit-4-Purpose re-Zimre Judgment

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Please enjoy the Q&A between MM and Justice Makarau.

Q: Why throw a race card in your letter to Lord St Johns of Bletso?
A: The deafening silence of the UK government on the hijack of subsidiaries of two UK registered companies, SMM Holdings Private Limited (ZHL) and THZ Holdings Limited (THZH), is striking.

In the Zimre Holdings Limited (ZHL) matter, the only weapon that was used as the reconstruction act to link the company to Mawere, their target of attack.

THZ Holdings Limited (THZH) had no legal nexus with SMM Holdings Private Limited (SMM), the company was alleged to be indebted to the state when in truth and fact this was a total fabrication.

It is interesting that the crafters of the reconstruction decree introduced a self-serving close solely meant to catch all Mawere’s interests in one basket.

The decree introduced the idea of an associate deemed to be any company associated with SMM to be also a target for the hijack.

ZHL’s two shareholders, Endurite Properties Private Limited (Endurite) and UKI Private Limited (UKI) including ZHL itself were all deemed to be under Gwaradzimba’s control.

What is remarkable is that the Minister did not mention by name these entities but left this to the discretion of Gwaradzimba, a non-state actor?

It was Gwaradzimba who exercised discretionary power that fell outside the ambit of the decree.

In terms of the decree, it was only the Minister who could issue a reconstruction order in relation to a company that was purportedly indebted to the state and found by the same Minister to be insolvent.

In this case, no order was issued against ZHL by the Minister and more importantly, Gwaradzimba had no title to issue any limiting order to any company.

As a consequence of the Makarau JCC judgment, ZHL’s control and management were changed and THZH’s links with the company were terminated in court.

I shudder to think what would have been the case if the shareholder of THZH and SMMH were white persons or white-controlled entities.

Would the attitude of the UK government have been the same?

Clearly not. When people say BLACK RIGHTS DON’T MATTER at all in the UK, it is not a joke.

I should like to believe that the only plausible explanation why the British embassy is silent is because of the race issue.

Q: Do you think that Makarau JCC understood the constitutional issues inherent in her judgment?

A: On one hand, I am tempted to believe that she didn’t and probably thought that what was at play was a case of some judicial management in which an Administrator assumed the powers of a judicial manager.

On the other hand, I think she had constructive knowledge of what was at play and she must have known that she had no title to recognize the authority of an Administrator that was appointed outside the perimeter of legality.

No judge has the discretion to confer rights that the constitution prohibits.

The right to control and direct a company is a constitutional one and Makarau JCC’s recognition of Gwaradzimba’s order went beyond what any judge is permitted to do.

In addition, Makarau JCC knew that the intended corporate action involved the discretion of shareholders of ZHL and as such, she had no title to authorize the substitution of shareholders who should have participated and voted at ZHL’s extraordinary general meeting.

The protection of property rights that is enshrined and entrenched in the constitution was undermined and betrayed by Makarau JCC and she got away with this.

Q: What is your take on President Mnangagwa’s reliance on fatally defective judgments like that of Makarau JCC to assert that the reconstruction affair in relation to SMM was properly implemented?
A: I can understand President Mnangagwa’s position only if he was involved in the project to divest Mawere of his assets using public power.

No independent and accountable President would not act against dangerous judges like Makarau JCC unless he has vested interests in the outcome.

I have been following closely President Mnangagwa’s attitude on Mupasiri’s impeachment application and there is no doubt that he is implicated and fully associates himself with judgments that were sought and granted outside the boundaries of constitutionality.

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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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