In a landmark case, Mr. Tichaona Mupasiri, launched an application to impeach his constitutional duties by openly and defiantly refusing and failing to disclose his state of knowledge and involvement in the birth of the reconstruction law that was applied in relation to the affairs of SMM Holdings Private Limited (SMM) leading to massive job losses.
Today, in Johannesburg, Mr. Tinashe Mpasiri, posed a question at a Business Breakfast hosted by the South African government in preparation for the Investment Conference scheduled to take place on 24 March, 2022, of whether laws like the reconstruction act belong to a class of laws that pose so grave a risk to the rule of law should be allowed to exist as laws in a continent that needs investment to lift itself out of poverty.
Below is an article published by Zimlive in which the Attorney General of Zimbabwe under oath stated that the reconstruction act is akin to the companies act in so far as the Administrator assumes the control and management of a company placed under reconstruction.
However, unknown to the AG is the fact that if reconstruction is akin to liquidation, then why would any rational person want both to operate.
Liquidation is often preceded by judicial proceedings and reconstruction is preceded by nothing.