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Mupasiri v President Mnangagwa CCZ 34/21 – The search for the truth

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On 17 December 2021, Mr. Tichaona Mupasiri launched a court application in terms of s167(2)(d) as read with s167(3) of the Constitution asking the Constitutional Court of Zimbabwe (CCZ) to determine if President Mnangagwa failed to fulfill his constitutional obligations by failing and/or refusing to respond with facts regarding his state of knowledge and the extent of his personal involvement in the use of the reconstruction law, a law that was specifically created to deal with Mutumwa Mawere, to divest and deprive shareholders and directors of the control and direction of their companies.

Court application in terms of S167(2)(d) as read with s167(3) of the Constitution of Zimbabwe.

In response to this application, President Mnangagwa states that the facts he deposed to are known to him and are true and correct yet in reality, he discloses nothing known to him although he admits possessing knowledge that should allow the CCZ to determine whether the decision to use the reconstruction act was motivated by any public interest or was triggered by a major political fallout that Manikai, who is the Second Respondent in the matter, said occurred as a matter of fact between Mawere and Mnangagwa.

In this article, we deal with whether the allegation made by President Mnangagwa that it is incompetent on account of the fact that it relates to his alleged conduct prior to the date he became President and as such cannot be scrutinized in terms of the provisions of the 2013 Constitution.

President Mnangagwa asserts that the application is not about his breach of the oath that compels him to tell the truth and nothing but the truth regarding the question of the day – Was he involved or not in the use of the reconstruction act as a weapon to punish and destroy?

MUPASIRI’S ANSWERING AFFIDAVIT TO THE QUESTION OF WHETHER PRESIDENT MNANGAGWA’S OPPOSITION IS VALID OR NOT AS PER PARAGRAPHS (a)(4 & 4.1):

FIRST RESPONDENT’S ANSWERING AFFIDAVIT

  1. I now turn to deal with the First Respondent’s answering affidavit. I do not intent to deal with every averment therein. However, any failure to reply to any specific averment should not be construed as an admission thereof.

Ad paragraph 2

  • The allegation that my application is an abuse of court process is denied. This Application is intended to test whether the First Respondent’s capricious, dismissive, contemptuous, arrogant and judgmental approach to a citizen like me who is searching for the truth regarding the serious and prejudicial remarks made against him by the Second Respondent, is consistent with the obligations imposed upon him by the Constitution.
  • It is significant that the First Respondent whose duty is to uphold the rule of law has already dismissed my application outside the four corners of the Court.
  • It is quite evident that the supremacy of the Constitution is not relevant to him,
  • The First Respondent is not above the law and instead of adopting the posture of being subject to the law by giving his statement of truth detailing his state of knowledge and involvement in the affairs of SMM and the use of public power to create the facts and circumstances of a state-assisted destruction of companies and jobs, he attacks.
  • It is my submission that the First Respondent enjoys no privilege to protect him from disclosing what he knows and his involvement in this matter that may help to explain his role in giving birth to a morality inherent in the Reconstruction Laws that is inimical to the rule of law and which enjoins the judiciary to refuse to acquiesce to any actions that aids and abets the tyranny underpinning any law that is based on any contracting party to benefit self-help and confirm this barbaric and animalist choices in a court of law.
  • The active attack on the rule of law should not be tolerated at all lest this creates a new precedent of an unaccountable system of governance.
  • I am shocked that the First Respondent would have the audacity to attack my application meant to insulate him from a cabal of criminals that include the Second Respondent whose despicable conduct undermines the justice delivery system.

Ad paragraph 3

  • It is denied that my application is bad in law and fact.

Ad paragraph (a)(4)

  1. It is admitted that my application is confined to the alleged breach of the duty by the First Respondent to fulfil his constitutional obligation to uphold the rule of law by intentionally and knowingly associating himself with scandalous characters like the Second Respondent who has used his name to commit serious and punishable crimes with impunity in the name of SMM reconstruction. It is denied that this application is not what is stated in it. The use of the term “ostensible” is unfortunate.

Ad paragraph 4.1

  1. It is denied that the application is incompetent on account of the fact that it allegedly relates to the First Respondent’s conduct before November 2017 or before he became President of Zimbabwe.
  2. The dispute is centred around his conduct in relation to the scandalous allegations of his involvement in giving life to the reality of his refusal and failure to be the guardian in the search of the truth, a central pillar of the rule of law, especially having regard of the causal link between the existence and operation of the Reconstruction Act and its prosecution under his watch. Had this law been offensive to his sense of morality, it would have suffered the same fate like the Indigenisation Law that was repealed without any judicial involvement.
  3. The First Respondent owes a duty to the Rule of Law and not to anything else. To the extent that he possesses knowledge that is essential for this Court to exercise its discretion on the question of his alleged breach of oath, one would expect him to assist this exercise done in the interests of justice to openly and transparently give his own account of his knowledge and involvement.
  4. Clearly, the First Respondent is not denying his involvement in the affairs of SMM as alleged by the Second Respondent.
  5. He is saying that his state of knowledge should be kept out of this justiciable dispute. I am not the one who has fingered him in this scandal but his trusted lawyer, an oath taking person, has already given a version that the First Respondent has no problem borrowing public power for ulterior and personal ends.
  6. It cannot be disputed that in the quest for the truth and accountability, this Court ought to be the final arbiter of what evidence is admissible or not yet in this case, the First Respondent believes otherwise.
  7. It is not clear on what legal authority he asserts that he should not be accountable for refusing or failing to assist the just and proper determination of my application with information that he does not deny he possesses.
  8. It is not my intention to hold the First Respondent accountable for conduct that preceded his assumption of the office of President but to benefit from his own version of what he knows and why he would find my application offensive if in truth and fact, his involvement in relation to the Reconstruction matters was always informed by a public interest.

READ THE ABOVE AND JUDGE FOR YOURSELF.

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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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Africa

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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