“Shame on you for defending naked corruption,” says Mr. Tapuwa Chitambo of FOSMM as Frederick Mutanda defended Mr. Edwin Manikai

“Shame on you for defending naked corruption and state capture,” says Mr. Tapuwa Chitambo of FOSMM as Frederick Mutanda defended Mr. Edwin Manikai. What is the background?

Mr. Fred Mutanda, a member of the Friends of Shabanie and Mashava Mines Trust (FOSMM), on 22 November 2021 offered to help Professor Mupasiri in exchange of him withdrawing his litigation to expose the generally corrupt relationship between President Mnangagwa and his personal lawyer and his de jure Attorney General Attorney General, Mr Edwin Manikai.

[7/22, 8:10 AM] Tapuwa Chitambo: Good morning.
[7/22, 5:39 PM] Tapuwa Chitambo: So Fred is advising the Prof against fighting on the side of justice? And to think that he volunteered to be the chair of FOSMM.
[7/22, 9:31 PM] Tapuwa Chitambo: Good evening
[7/22, 11:15 PM] mdmawere1: Hello
[7/23, 5:50 AM] Tapuwa Chitambo: Is that executive functioning with him as chairman?
[7/23, 6:14 AM] mdmawere1: Good morning
[7/23, 6:14 AM] mdmawere1: No
[7/23, 6:31 AM] Tapuwa Chitambo: From what I heard in this audio it wont surprise me he was behind the heat towards last year.
[7/23, 6:42 AM] mdmawere1: The truth has no refuge. From the audio, lessons are unmistakable.

What conclusions do you draw from the audio?
[7/23, 6:49 AM] Tapuwa Chitambo: He asks Mpasiri to withdraw his letter. Meaning to say that he was reached and the letter hit nerves. The system is prepared to go all the way to suppress the truth from coming out. Its also clear now that Fred has double standards and his real intentions are a against the spirit of fairness.
[7/23, 6:57 AM] mdmawere1: Who triggered Mupasiri to approach the courts? Was it not Mutanda who tried had a chat with Manikai and Gwaradzimba who tried to negotiate with both in relation to my personal house and not his property notwithstanding the fact that Gwaradzimba had told me that he had no personal knowledge about the house?

In the audio he mentions that he had negotiated that I be paid stolen rentals in US$.

He attacked me for refusing to agree to what he considered to be the best deal yet he knew that both had no legal access to pay in forex.
[7/23, 7:01 AM] Tapuwa Chitambo: His admittance clearly places him within the circles of the corrupt mafia we are fighting. Who was going to pay in forex and what was the reason for payment? We having a lot of tentacles to this matter and in trying to hide the truths i am discovering that the lies are all over
[7/23, 7:03 AM] mdmawere1: He says that he advised me SMM and I refused to heed to his advice. Do you recall this?
[7/23, 7:06 AM] Tapuwa Chitambo: I recall him suggesting that he can facilitate for you to get your house back and the payment for the rentals owed if you withdraw the matter from ZACC.
[7/23, 7:07 AM] mdmawere1: What did he have to say about ZACC?
[7/23, 7:10 AM] Tapuwa Chitambo: He asked you what waz your intended outcome. If you wanted your house back and the rentals due arrangements can be made as long as it was out of the courts
[7/23, 7:11 AM] mdmawere1: [9:54 AM, 4/6/2021] Fred Mutanda: Thank you. AMG is going to regret it
[9:55 AM, 4/6/2021] mdmawere1: I think on a positive note, the truth must triumph.
[9:58 AM, 4/6/2021] Fred Mutanda: It has my brother we cannot allow these people to be law unto themselves
[10:09 AM, 4/6/2021] mdmawere1: The truth is stubborn. The use of public power for ulterior motives must be exposed.
[10:11 AM, 4/6/2021] Fred Mutanda: And the perpetrators of such abuse of power must be dealt with
[10:13 AM, 4/6/2021] mdmawere1: If abuse is not exposed, is it abuse?
[10:14 AM, 4/6/2021] Fred Mutanda: Indeed
[10:15 AM, 4/6/2021] mdmawere1: Exposing them will leave them no space to hide.
[10:17 AM, 4/6/2021] Fred Mutanda: Indeed especially AMG when including for his letter to Chinamasa
[10:22 AM, 4/6/2021] mdmawere1: Do you agree that the whole principle of borrowing state power for ulterior motives goes beyond the content and context of the AMG letter?
[10:34 AM, 4/6/2021] Fred Mutanda: Yes indeed. Thank you for giving it to me. I am going to use it effectively
[8:31 PM, 4/6/2021] mdmawere1: [3:59 PM, 4/6/2021] mdmawere1: [4/6, 1:50 PM] +263 77 289 3290: Hello sir, your case reference is HCR 2/4/2021 and the investigator is Madam Shaira and team.
[4/6, 1:55 PM] mdmawere1: Great
[4/6, 1:56 PM] mdmawere1: Do you have Madam Shakira’s number?
[4/6, 1:59 PM] +263 77 289 3290: 0775055545
[4/6, 2:02 PM] mdmawere1: Thanks. Much appreciated.
[4/6, 2:15 PM] +263 77 289 3290: You are welcome sir
[4/6, 3:48 PM] +263 77 289 3290: The matter is with her team members .They will call you tomorrow
[4/6, 3:56 PM] mdmawere1: Great
[4:02 PM, 4/6/2021] mdmawere1: Thanks to you. The case has now been opened. Much appreciated.
[4:03 PM, 4/6/2021] Mduduzi Mathuthu1: Let’s hope you get your dues
[4:30 PM, 4/6/2021] mdmawere1: It is not about dues but about exposing these people who use public power.
[8:34 PM, 4/6/2021] Fred Mutanda: Where’s madam Shakira
[8:35 PM, 4/6/2021] mdmawere1: Madam Sharia works for ZACC.
[8:36 PM, 4/6/2021] Fred Mutanda: That’s interesting,
[8:36 PM, 4/6/2021] mdmawere1: The case is now open.
[8:39 PM, 4/6/2021] Fred Mutanda: All I can say is good luck
[8:41 PM, 4/6/2021] mdmawere1: I thought that this broader than the house and we should assist ZACC to get to the bottom of this/
[8:42 PM, 4/6/2021] Fred Mutanda: You think ZACC will do something
[8:42 PM, 4/6/2021] mdmawere1: What do you think?
[8:44 PM, 4/6/2021] Fred Mutanda: Honestly I doubt it. They are the same people
[8:50 PM, 4/6/2021] mdmawere1: You think so?
[8:50 PM, 4/6/2021] Fred Mutanda: I know so and they won’t do anything for you
[8:51 PM, 4/6/2021] mdmawere1: Have you established the facts or it is your hunch?
[8:53 PM, 4/6/2021] Fred Mutanda: I know for certain. Why will they do anything for you against their own people
[8:55 PM, 4/6/2021] mdmawere1: Is this speculation or reality-tested?
[9:00 PM, 4/6/2021] mdmawere1: I spoke to Madam Shaira. She is not at work but her team will be in touch tomorrow.
[9:04 PM, 4/6/2021] mdmawere1: I hear you.
[9:05 PM, 4/6/2021] mdmawere1: Great
[9:05 PM, 4/6/2021] Fred Mutanda: You are wasting your time
[9:06 PM, 4/6/2021] mdmawere1: What should have been done?
[9:08 PM, 4/6/2021] Fred Mutanda: Report the matter to the police and you would have been told this is political
[9:08 PM, 4/6/2021] mdmawere1: So what is the solution given your loss of confidence in public institutions?
[9:10 PM, 4/6/2021] Fred Mutanda: The rot is within public institutions. Complete change of state apparatus.
[9:11 PM, 4/6/2021] Fred Mutanda: The police can still do good.
[9:11 PM, 4/6/2021] mdmawere1: So where is hope to be found.
[7/23, 7:14 AM] mdmawere1: [4/18, 5:01 PM] Fred Mutanda: That thread from mid March is what you need
[4/18, 5:02 PM] mdmawere1: Which one and for what?
[4/18, 5:03 PM] Fred Mutanda: This one from the 16th
[4/18, 5:04 PM] Fred Mutanda: To counter what AMG is now saying
[4/18, 5:05 PM] mdmawere1: Do you agree that the key question is whether the power for SMM to deal with the house under reconstruction ever arose or could ever arose absent the consent or the owner?
[4/18, 5:07 PM] Fred Mutanda: I do but according to the Act it is the administrator of ho has the authority to deal with it
[4/18, 5:10 PM] mdmawere1: Doing you think absent people like Rikki, I would have the energy to digging deeper to know that the buck stops at the Administrator and not the CEO or any other?
[4/18, 5:12 PM] Fred Mutanda: You must appreciate what Rikki has done. You can’t have such people in Harare.

They get paid by the system to look the other way
[4/18, 5:15 PM] mdmawere1: What about what you have done yet you are in Zimbabwe?

You have helped shape and define the issues towards distilling them towards a destination where Gwaradzimba has no legal and moral basis for hiding behind the SMM CEO or any factual ignorance.

You have given up your mind and time to digest the facts and add your wisdom.
[7/23, 7:14 AM] mdmawere1: [4/18, 7:12 AM] Fred Mutanda: Morning

It has always been known that you dispossessed SMM.

It’s why it was done which was not known.

SMM was indeed turned into a financial project for AMG and EM.

It’s also known that Chinamasa wanted Saruchera to be the administrator but RBZ knew it would cause problems

Even if all this is exposed it will only become news and then it ends there.

I believe in correcting the wrongs. That’s what I would like to see happening. It’s not vindication
[4/18, 7:25 AM] mdmawere1: Good morning. Do you agree that the injustices have visited many people to allow for the idea of special purpose fights to be a strategy.

The house issue is one of many examples.

This exposes in a crude way what happened.

In Zambia, Gwaradzimba and Manikai asserted that they were appointed to deal with Mawere not only in Zimbabwe but anywhere where he had assets.

In the case of TAP, a similar argument was used that if TAP was under the control of SMM prior to reconstruction, it followed that the company should continue to be under SMM’s post-reconstruction control just like Gwaradzimba is now asserting that the house was assigned to SMM prior to reconstruction and therefore the pre-reconstruction relationship should have continued indefinitely.

The Recon Act puts a maximum period of 3 months for any lease agreement to be maintained after reconstruction.

The house has been under SMM’s control and management for 17 years.

According to Gwaradzimba without relying on any legal authority, the house issue establishes no knowledge and criminality on his part.

He has refused to disclose any details on the house.

In Zambia, he and Manikai hijacked TAP with full knowledge that there existed no legal authority to do so.
[7/23, 7:14 AM] mdmawere1: Relationship between SMM and the house

Both Mawere and Gwaradzimba’s versions are that no lease agreement or any known agreement existed between SMM and the house from the commencement of the reconstruction.

Even if one were to assume that a valid tacit lease agreement existed and operated prior to the commencement of the reconstruction, such agreement would have in any event be subject to the provisions of s18(l)(ii) of the Reconstruction Act that reads as follows:
(ii) if the administrator does not, within three months of the commencement of the reconstruction, notify the lessor that he or she is prepared to continue the lease on behalf of the company he or she shall be deemed to have terminated the lease at the end of such three months.

However, the possibility of the existence of any lease agreement between SMM and the house owner, Mawere, has been eliminated by the fact and reality that the power to terminate or renew any such lease arrangements was and is exclusively vested in the person of the Administrator.

Gwaradzimba had sought to deliberately and intentionally mislead ZACC investigators into believing that the issue of the house was dealt with by SMM management led by its CEO, Mr. Chirandu Dhlembeu.

The Recon Act does not empower Dhlembeu to have jurisdiction over leases or any such similar arrangements.

To the extent that there was no agreement between the Administrator and the house owner regarding the use of the house, the inescapable conclusion is that no legal authority existed for SMM under the control of Gwaradzimba as Administrator to be directly or indirectly involved in the affairs of the house.
[7/23, 7:14 AM] mdmawere1: [6:58 AM, 4/14/2021] mdmawere1: Good morning
[8:09 AM, 4/14/2021] Fred Mutanda: A very good morning to you too
[8:15 AM, 4/14/2021] mdmawere1: What is your take on Gwaradzimba’s angle?
[8:17 AM, 4/14/2021] Fred Mutanda: I am happy that you have finally included the issue of the alleged insolvency of SMM. AMG is now in a quandary
[8:17 AM, 4/14/2021] Fred Mutanda: He did expect it to take this angle as well
[8:20 AM, 4/14/2021] mdmawere1: Do you think the issue of where the control and management of SMM rests after reconstruction is easily understood even by ZACC Investigators?
[8:31 AM, 4/14/2021] Fred Mutanda: In the conversation he said he had the Statutory Instrument
[8:33 AM, 4/14/2021] Fred Mutanda: No I don’t think the investigators understand that.

Please it’s now time to direct the investigators to Chinamasa
[8:38 AM, 4/14/2021] mdmawere1: I send him the Act. This is what s6(1)(a) of the Act states: A reconstruction order shall have the following effect, namely that—
(a) the administrator shall assume the control and management of the company and recover and take possession of all the assets of the company
[8:44 AM, 4/14/2021] Fred Mutanda: So why is AMG saying he does not control SMM but advise management
[8:46 AM, 4/14/2021] mdmawere1: He seems to have asserted a false narrative to ZACC that he is a mere advisor but SMM is controlled and directed by the CEO.
[7/23, 7:19 AM] Tapuwa Chitambo: A bit further i think. When we were in contact with ZACC investigators trying to get updates. i seem to recall
[7/23, 7:21 AM] mdmawere1: Have you read the above threads?
[7/23, 7:22 AM] Tapuwa Chitambo: Yes i did
[7/23, 7:22 AM] mdmawere1: What was he saying about ZACC?
[7/23, 7:24 AM] Tapuwa Chitambo: ZACC is not competent and no justice will be realized through them. He says he knows for a fact that its captured and will take bribes
[7/23, 7:26 AM] mdmawere1: Do you agree that although he was on point on ZACC, he offered no solution except to seek to protect Gwaradzimba and Manikai?
[7/23, 8:22 AM] Tapuwa Chitambo: Yez that was what he offered. Which shows how deep this rot goes and how its entrenched protected by family ties. Its organized mafia.
[7/23, 8:25 AM] mdmawere1: Is it your case that a causa can he asserted against the mafia simply on account of the contents of the audio?
[7/23, 8:32 AM] Tapuwa Chitambo: A big yes. He must be made answerable to the claims he made in the audio. On small brick at a time and surely the rot will be exposed.

[7/23, 9:40 AM] Mukoma Masimba: Thanks Dziva
[7/23, 12:36 PM] Mukoma Masimba: Fred Mutanda how r u? Shame on U.
[7/23, 12:43 PM] Tapuwa Chitambo: Kkkkk mkoma Simba modzifambiraka nyaya dzacho. Iyi ndiyo inonzi nyaya bvuuuu pamhene
[7/23, 12:43 PM] Mukoma Masimba: Bvuuu pamhene 🤣🤣🤣
[7/23, 12:56 PM] Prof Mupasiri: This is how justice has become a victim in Zimbabwe. Public power is weaponised to a still birth to justice is achieved.

There are power brokers who are cashing in on defeating the ends of justice.
[7/23, 1:00 PM] mdmawere1: [7/22, 11:11 AM] Prof Mupasiri: 👆🏿
[7/22, 11:12 AM] Prof Mupasiri: 👆🏿
[7/22, 11:13 AM] mdmawere1: Did you share this
[7/22, 11:44 AM] Prof Mupasiri: This was not the first time I shared the conversation.

The call took place in November 22, 2021.

I filed the papers on December 17 , 2021.

I had an election to make which I made.

I would not express myself better as to the reason why I shared it.

It was pinned on the role of sekuru Mutanda in defeating the ends of justice.

Sharing can with one or more people. I never kept this reality to myself.

How my sharing to an individual and not a group is viewed is another story.

I am just doing and have done what I believe is right.

I have always shared all my experiences and I know it’s never easy to be understood.

On Sunday, 16 July 2022, last week, I had spoken to Tinashe regarding the issue of service address and the possible reason why Mr. Mutanda’s office was holding and or refusing to accept court papers on my behalf as he had earlier agreed to.

I averred to Tinashe that it was clear that Rikki & Mr. Mutanda were on Manikai camp and that Mr Mutanda was angry with me for taking up the house issue with the High Court.

I was telling him my experiences and my thoughts on certain happenings.

Being misunderstood is part of life and it is something that I can not run away from.

If this was all about money, I could have taken what was being dangled on me by Mr. Mutanda.

I don’t get it when all this is reduced to monetary terms as if I need money for myself at the expense of justice.

How do I go about all this with no means? Should I not say the situation as is?

I don’t understand where all this is going.
[7/22, 12:06 PM] mdmawere1: I am not sure why you take it personally. Sharing does not mean that the receivers must know what is shared unless the person concerned does what is needed to extract the key issues in the sharing.

Frederick has stated that he thought that you were seeking something from him hence his reaction was to look for means to assist.

When you say it was clear that Rikki and Mutanda were on Manikai camp, is it correct to conclude that anyone who does not agree with a position you subscribe is necessarily on someone’s side.

You may discover that what Fred is saying is that he believes that his view on anything is the universe of what is to be known.

He believes that you have no dog in the fight and the issue of SMM does not qualify as a public interest matter.

He told you then that the house was a personal one and that no crime was committed.

He does not buy that the reconstruction act, a public law, was used to deprive and deprive me of any right, title and interest in the house and as such no injury was caused.

If you listen to the audio you will discover that Fred’s approach appeared to be premised on solving your problem.

He feels that you were begging for help.

One needs to look at the events following the audio.

What has been done in the knowledge that a person like Fred understood you to be motivated by a search of personal gratification rather than the justice in the cause.

Fred is not alone to conclude that anyone who is associated with Mawere is not in the interests of justice.

Did you ever share with Fred why you did not follow his suggestion and proposal?

When a third party listens to the audio, one would be confused where you stood on justice.

He kept provoking you to respond to the Mawere self-vindication factor but you did not respond to him.

Imagine you were to respond to him on this and more importantly that the litigation was provoked by his chat with Manikai and not me.

When properly understood, he was saying that you are a puppet and the absence of your response leads to the conclusion that the issues in dispute have no public interest in them.

I am not sure who you think should give you a voice or tell you where all this is going when you should see this as an opportunity to reach out to the world about the corruption inherent in this audio is what the problem emanates from in Zimbabwe.

What was the core issue in the audio?

To promote or defeat the ends or justice and accountability.

Did Fred ever tell you why shaking hands with Manikai, a non-state actor, would cure the abuse of public power?

Did he even explain what Manikai’s relationship with public power is concerned?

Did Fred not confirm that he had leverage on Mawere’s matters yet on his matters, it seems he has failed to achieve any breakthrough?

Should this material discovery be restricted to us or it should be in the public square so that public office bearers who held to account for the use or public power?
[7/22, 1:09 PM] Prof Mupasiri: I have to repeat that the audio was following a telephone conversation I had with Mr. Mutanda who had called be on the 22nd of November 2022.

Questioning my stance on justice by a third party so say can only be viewed as regrettable as what transpired after November 2021 gives clarity on where I stand.

Why should my stance on justice be premised on things that I didn’t do rather than things I did?

Like I have always put it, I don’t seek to be celebrated for anything, I am just doing all I can in the environment I find myself in to attain what I believe should be an ideal operating environment for all.

I would not know much about how various people take it.

Would I waste my time responding to him telling him my position when there were actions to be taken?

He told me not to go to court and withdraw the letters, but I went ahead.

He told me to wait on everything that I wanted to do including the KFZ high court matter, but I went ahead.

This has nothing to do with personality. I made my own election and I have done what I believe speaks to my conscience and that which is in the interests of justice.

Mr. Mutanda perceived a problem that I never had. I did not look for a job from him. All I explained to him was my quest for a conducive operating environment where every capable citizen would do all he can to contribute to the the economy without cutting corners.

Have actions been not audible enough to answer to what I didn’t answer to him in the audio?

He was in a conversation to discuss personalities, but was there to discuss the future. I could only talk about my own experiences linking it to what I was doing then and am still doing now.
[7/22, 1:12 PM] mdmawere1: What is the learning aspect of the content of the audio and why should it matter to use the experience to share insights, experiences, knowledge and ideas on the promise and challenges of story telling as a vehicle to advance common and shared interests?

Who should share?

To whom must experiences be shared?

Who suffers prejudice from sharing?

What should be the next step from this experience?
[7/22, 1:13 PM] mdmawere1: I don’t think Rikki is on the side of Manikai. Not sure where this conclusion comes in?
[7/22, 1:38 PM] Prof Mupasiri: Nothing much I can say on that, only to say any person can be corrupted by a system which seeks to defeat ends of justice.
[7/22, 2:45 PM] mdmawere1: Rikki may be saying something that we are not saying.
[7/22, 2:46 PM] mdmawere1: [7/21, 7:34 PM] Rikki: What is this about? Who is Fred Mutanda?
[7/21, 8:14 PM] mdmawere1: The same Fred you know and Prof. Fred is trying to make Prof withdraw his litigation.
[7/21, 8:15 PM] Rikki: Why? What does he stand to gain?
[7/21, 8:15 PM] mdmawere1: By offering him govt contracts
[7/21, 8:29 PM] Rikki: A lot to take in. How old is Prof Musapiri and how many children does he have?
[7/21, 8:34 PM] Rikki: One is faced with a Prisoner’s Dilemma. Ideologically versus reality. So what do you expect Prof Mupasiri to do? Eat or fight for justice in a lawless state?
[7/22, 2:57 PM] Prof Mupasiri: Should it be …is trying or was trying….
[7/22, 2:57 PM] Prof Mupasiri: Which is ?
[7/22, 3:15 PM] Prof Mupasiri: The supposed Prisoner’s Dilemma has nothing to do with me as I have never been in anyone’s captivity.

Equating my situation to that of a prisoner only exhibits lack of historical memory of what inspires me to do what I do.

Had I been a prisoner, I could have accepted what seemed to be rosy in my eyes which was dangled before me in November 2021 way back before launching the 17 December application.

I am aware that I am pushing this in a lawless state.

Eating from that I have always refused. I am no captive to none.
[7/22, 3:25 PM] Prof Mupasiri: …not eating from….
[7/22, 3:27 PM] mdmawere1: [7/22, 11:13 AM] mdmawere1: Did you share this
[7/22, 11:44 AM] Prof Mupasiri: This was not the first time I shared the conversation.

The call took place in November 22, 2021.

I filed the papers on December 17 , 2021.

I had an election to make which I made.

I would not express myself better as to the reason why I shared it.

It was pinned on the role of sekuru Mutanda in defeating the ends of justice.

Sharing can with one or more people. I never kept this reality to myself.

How my sharing to an individual and not a group is viewed is another story.

I am just doing and have done what I believe is right.

I have always shared all my experiences and I know it’s never easy to be understood.

On Sunday, 16 July 2022, last week, I had spoken to Tinashe regarding the issue of service address and the possible reason why Mr. Mutanda’s office was holding and or refusing to accept court papers on my behalf as he had earlier agreed to.

I averred to Tinashe that it was clear that Rikki & Mr. Mutanda were on Manikai camp and that Mr Mutanda was angry with me for taking up the house issue with the High Court.

I was telling him my experiences and my thoughts on certain happenings.

Being misunderstood is part of life and it is something that I can not run away from.

If this was all about money, I could have taken what was being dangled on me by Mr. Mutanda.

I don’t get it when all this is reduced to monetary terms as if I need money for myself at the expense of justice.

How do I go about all this with no means? Should I not say the situation as is?

I don’t understand where all this is going.
[7/22, 12:06 PM] mdmawere1: I am not sure why you take it personally. Sharing does not mean that the receivers must know what is shared unless the person concerned does what is needed to extract the key issues in the sharing.

Frederick has stated that he thought that you were seeking something from him hence his reaction was to look for means to assist.

When you say it was clear that Rikki and Mutanda were on Manikai camp, is it correct to conclude that anyone who does not agree with a position you subscribe is necessarily on someone’s side.

You may discover that what Fred is saying is that he believes that his view on anything is the universe of what is to be known.

He believes that you have no dog in the fight and the issue of SMM does not qualify as a public interest matter.

He told you then that the house was a personal one and that no crime was committed.

He does not buy that the reconstruction act, a public law, was used to deprive and deprive me of any right, title and interest in the house and as such no injury was caused.

If you listen to the audio you will discover that Fred’s approach appeared to be premised on solving your problem.

He feels that you were begging for help.

One needs to look at the events following the audio.

What has been done in the knowledge that a person like Fred understood you to be motivated by a search of personal gratification rather than the justice in the cause.

Fred is not alone to conclude that anyone who is associated with Mawere is not in the interests of justice.

Did you ever share with Fred why you did not follow his suggestion and proposal?

When a third party listens to the audio, one would be confused where you stood on justice.

He kept provoking you to respond to the Mawere self-vindication factor but you did not respond to him.

Imagine you were to respond to him on this and more importantly that the litigation was provoked by his chat with Manikai and not me.

When properly understood, he was saying that you are a puppet and the absence of your response leads to the conclusion that the issues in dispute have no public interest in them.

I am not sure who you think should give you a voice or tell you where all this is going when you should see this as an opportunity to reach out to the world about the corruption inherent in this audio is what the problem emanates from in Zimbabwe.

What was the core issue in the audio?

To promote or defeat the ends or justice and accountability.

Did Fred ever tell you why shaking hands with Manikai, a non-state actor, would cure the abuse of public power?

Did he even explain what Manikai’s relationship with public power is concerned?

Did Fred not confirm that he had leverage on Mawere’s matters yet on his matters, it seems he has failed to achieve any breakthrough?

Should this material discovery be restricted to us or it should be in the public square so that public office bearers who held to account for the use or public power?
[7/22, 1:09 PM] Prof Mupasiri: I have to repeat that the audio was following a telephone conversation I had with Mr. Mutanda who had called be on the 22nd of November 2022.

Questioning my stance on justice by a third party so say can only be viewed as regrettable as what transpired after November 2021 gives clarity on where I stand.

Why should my stance on justice be premised on things that I didn’t do rather than things I did?

Like I have always put it, I don’t seek to be celebrated for anything, I am just doing all I can in the environment I find myself in to attain what I believe should be an ideal operating environment for all.

I would not know much about how various people take it.

Would I waste my time responding to him telling him my position when there were actions to be taken?

He told me not to go to court and withdraw the letters, but I went ahead.

He told me to wait on everything that I wanted to do including the KFZ high court matter, but I went ahead.

This has nothing to do with personality. I made my own election and I have done what I believe speaks to my conscience and that which is in the interests of justice.

Mr. Mutanda perceived a problem that I never had. I did not look for a job from him. All I explained to him was my quest for a conducive operating environment where every capable citizen would do all he can to contribute to the the economy without cutting corners.

Have actions been not audible enough to answer to what I didn’t answer to him in the audio?

He was in a conversation to discuss personalities, but was there to discuss the future. I could only talk about my own experiences linking it to what I was doing then and am still doing now.
[7/22, 1:12 PM] mdmawere1: What is the learning aspect of the content of the audio and why should it matter to use the experience to share insights, experiences, knowledge and ideas on the promise and challenges of story telling as a vehicle to advance common and shared interests?

Who should share?

To whom must experiences be shared?

Who suffers prejudice from sharing?

What should be the next step from this experience?
[7/22, 1:13 PM] mdmawere1: I don’t think Rikki is on the side of Manikai. Not sure where this conclusion comes in?
[7/22, 1:38 PM] Prof Mupasiri: Nothing much I can say on that, only to say any person can be corrupted by a system which seeks to defeat ends of justice.
[7/22, 2:45 PM] mdmawere1: Rikki may be saying something that we are not saying.
[7/22, 2:46 PM] mdmawere1: [7/21, 7:34 PM] Rikki: What is this about? Who is Fred Mutanda?
[7/21, 8:14 PM] mdmawere1: The same Fred you know and Prof. Fred is trying to make Prof withdraw his litigation.
[7/21, 8:15 PM] Rikki: Why? What does he stand to gain?
[7/21, 8:15 PM] mdmawere1: By offering him govt contracts
[7/21, 8:29 PM] Rikki: A lot to take in. How old is Prof Musapiri and how many children does he have?
[7/21, 8:34 PM] Rikki: One is faced with a Prisoner’s Dilemma. Ideologically versus reality. So what do you expect Prof Mupasiri to do? Eat or fight for justice in a lawless state?
[7/22, 2:57 PM] Prof Mupasiri: Should it be …is trying or was trying….
[7/22, 2:57 PM] Prof Mupasiri: Which is ?
[7/22, 3:15 PM] Prof Mupasiri: The supposed Prisoner’s Dilemma has nothing to do with me as I have never been in anyone’s captivity.

Equating my situation to that of a prisoner only exhibits lack of historical memory of what inspires me to do what I do.

Had I been a prisoner, I could have accepted what seemed to be rosy in my eyes which was dangled before me in November 2021 way back before launching the 17 December application.

I am aware that I am pushing this in a lawless state.

Eating from that I have always refused. I am no captive to none.
[7/22, 3:25 PM] Prof Mupasiri: …not eating from….
[7/23, 7:17 AM] mdmawere1: [7/23, 5:50 AM] Tapuwa Chitambo: Is that executive functioning with him as chairman?
[7/23, 6:14 AM] mdmawere1: Good morning
[7/23, 6:14 AM] mdmawere1: No
[7/23, 6:31 AM] Tapuwa Chitambo: From what I heard in this audio it wont surprise me he was behind the heat towards last year.
[7/23, 6:42 AM] mdmawere1: The truth has no refuge. From the audio, lessons are unmistakable.

What conclusions do you draw from the audio?
[7/23, 6:49 AM] Tapuwa Chitambo: He asks Mpasiri to withdraw his letter. Meaning to say that he was reached and the letter hit nerves. The system is prepared to go all the way to suppress the truth from coming out. Its also clear now that Fred has double standards and his real intentions are a against the spirit of fairness.
[7/23, 6:57 AM] mdmawere1: Who triggered Mupasiri to approach the courts? Was it not Mutanda who tried had a chat with Manikai and Gwaradzimba who tried to negotiate with both in relation to my personal house and not his property notwithstanding the fact that Gwaradzimba had told me that he had no personal knowledge about the house?

In the audio he mentions that he had negotiated that I be paid stolen rentals in US$.

He attacked me for refusing to agree to what he considered to be the best deal yet he knew that both had no legal access to pay in forex.
[7/23, 7:01 AM] Tapuwa Chitambo: His admittance clearly places him within the circles of the corrupt mafia we are fighting. Who was going to pay in forex and what was the reason for payment? We having a lot of tentacles to this matter and in trying to hide the truths i am discovering that the lies are all over
[7/23, 7:03 AM] mdmawere1: He says that he advised me SMM and I refused to heed to his advice. Do you recall this?
[7/23, 7:06 AM] Tapuwa Chitambo: I recall him suggesting that he can facilitate for you to get your house back and the payment for the rentals owed if you withdraw the matter from ZACC.
[7/23, 7:07 AM] mdmawere1: What did he have to say about ZACC?
[7/23, 7:10 AM] Tapuwa Chitambo: He asked you what waz your intended outcome. If you wanted your house back and the rentals due arrangements can be made as long as it was out of the courts
[7/23, 7:11 AM] mdmawere1: [9:54 AM, 4/6/2021] Fred Mutanda: Thank you. AMG is going to regret it
[9:55 AM, 4/6/2021] mdmawere1: I think on a positive note, the truth must triumph.
[9:58 AM, 4/6/2021] Fred Mutanda: It has my brother we cannot allow these people to be law unto themselves
[10:09 AM, 4/6/2021] mdmawere1: The truth is stubborn. The use of public power for ulterior motives must be exposed.
[10:11 AM, 4/6/2021] Fred Mutanda: And the perpetrators of such abuse of power must be dealt with
[10:13 AM, 4/6/2021] mdmawere1: If abuse is not exposed, is it abuse?
[10:14 AM, 4/6/2021] Fred Mutanda: Indeed
[10:15 AM, 4/6/2021] mdmawere1: Exposing them will leave them no space to hide.
[10:17 AM, 4/6/2021] Fred Mutanda: Indeed especially AMG when including for his letter to Chinamasa
[10:22 AM, 4/6/2021] mdmawere1: Do you agree that the whole principle of borrowing state power for ulterior motives goes beyond the content and context of the AMG letter?
[10:34 AM, 4/6/2021] Fred Mutanda: Yes indeed. Thank you for giving it to me. I am going to use it effectively
[8:31 PM, 4/6/2021] mdmawere1: [3:59 PM, 4/6/2021] mdmawere1: [4/6, 1:50 PM] +263 77 289 3290: Hello sir, your case reference is HCR 2/4/2021 and the investigator is Madam Shaira and team.
[4/6, 1:55 PM] mdmawere1: Great
[4/6, 1:56 PM] mdmawere1: Do you have Madam Shakira’s number?
[4/6, 1:59 PM] +263 77 289 3290: 0775055545
[4/6, 2:02 PM] mdmawere1: Thanks. Much appreciated.
[4/6, 2:15 PM] +263 77 289 3290: You are welcome sir
[4/6, 3:48 PM] +263 77 289 3290: The matter is with her team members .They will call you tomorrow
[4/6, 3:56 PM] mdmawere1: Great
[4:02 PM, 4/6/2021] mdmawere1: Thanks to you. The case has now been opened. Much appreciated.
[4:03 PM, 4/6/2021] Mduduzi Mathuthu1: Let’s hope you get your dues
[4:30 PM, 4/6/2021] mdmawere1: It is not about dues but about exposing these people who use public power.
[8:34 PM, 4/6/2021] Fred Mutanda: Where’s madam Shakira
[8:35 PM, 4/6/2021] mdmawere1: Madam Sharia works for ZACC.
[8:36 PM, 4/6/2021] Fred Mutanda: That’s interesting,
[8:36 PM, 4/6/2021] mdmawere1: The case is now open.
[8:39 PM, 4/6/2021] Fred Mutanda: All I can say is good luck
[8:41 PM, 4/6/2021] mdmawere1: I thought that this broader than the house and we should assist ZACC to get to the bottom of this/
[8:42 PM, 4/6/2021] Fred Mutanda: You think ZACC will do something
[8:42 PM, 4/6/2021] mdmawere1: What do you think?
[8:44 PM, 4/6/2021] Fred Mutanda: Honestly I doubt it. They are the same people
[8:50 PM, 4/6/2021] mdmawere1: You think so?
[8:50 PM, 4/6/2021] Fred Mutanda: I know so and they won’t do anything for you
[8:51 PM, 4/6/2021] mdmawere1: Have you established the facts or it is your hunch?
[8:53 PM, 4/6/2021] Fred Mutanda: I know for certain. Why will they do anything for you against their own people
[8:55 PM, 4/6/2021] mdmawere1: Is this speculation or reality-tested?
[9:00 PM, 4/6/2021] mdmawere1: I spoke to Madam Shaira. She is not at work but her team will be in touch tomorrow.
[9:04 PM, 4/6/2021] mdmawere1: I hear you.
[9:05 PM, 4/6/2021] mdmawere1: Great
[9:05 PM, 4/6/2021] Fred Mutanda: You are wasting your time
[9:06 PM, 4/6/2021] mdmawere1: What should have been done?
[9:08 PM, 4/6/2021] Fred Mutanda: Report the matter to the police and you would have been told this is political
[9:08 PM, 4/6/2021] mdmawere1: So what is the solution given your loss of confidence in public institutions?
[9:10 PM, 4/6/2021] Fred Mutanda: The rot is within public institutions. Complete change of state apparatus.
[9:11 PM, 4/6/2021] Fred Mutanda: The police can still do good.
[9:11 PM, 4/6/2021] mdmawere1: So where is hope to be found.
[7/23, 7:14 AM] mdmawere1: Relationship between SMM and the house

Both Mawere and Gwaradzimba’s versions are that no lease agreement or any known agreement existed between SMM and the house from the commencement of the reconstruction.

Even if one were to assume that a valid tacit lease agreement existed and operated prior to the commencement of the reconstruction, such agreement would have in any event be subject to the provisions of s18(l)(ii) of the Reconstruction Act that reads as follows:
(ii) if the administrator does not, within three months of the commencement of the reconstruction, notify the lessor that he or she is prepared to continue the lease on behalf of the company he or she shall be deemed to have terminated the lease at the end of such three months.

However, the possibility of the existence of any lease agreement between SMM and the house owner, Mawere, has been eliminated by the fact and reality that the power to terminate or renew any such lease arrangements was and is exclusively vested in the person of the Administrator.

Gwaradzimba had sought to deliberately and intentionally mislead ZACC investigators into believing that the issue of the house was dealt with by SMM management led by its CEO, Mr. Chirandu Dhlembeu.

The Recon Act does not empower Dhlembeu to have jurisdiction over leases or any such similar arrangements.

To the extent that there was no agreement between the Administrator and the house owner regarding the use of the house, the inescapable conclusion is that no legal authority existed for SMM under the control of Gwaradzimba as Administrator to be directly or indirectly involved in the affairs of the house.
[7/23, 7:14 AM] mdmawere1: [4/18, 5:01 PM] Fred Mutanda: That thread from mid March is what you need
[4/18, 5:02 PM] mdmawere1: Which one and for what?
[4/18, 5:03 PM] Fred Mutanda: This one from the 16th
[4/18, 5:04 PM] Fred Mutanda: To counter what AMG is now saying
[4/18, 5:05 PM] mdmawere1: Do you agree that the key question is whether the power for SMM to deal with the house under reconstruction ever arose or could ever arose absent the consent or the owner?
[4/18, 5:07 PM] Fred Mutanda: I do but according to the Act it is the administrator of ho has the authority to deal with it
[4/18, 5:10 PM] mdmawere1: Doing you think absent people like Rikki, I would have the energy to digging deeper to know that the buck stops at the Administrator and not the CEO or any other?
[4/18, 5:12 PM] Fred Mutanda: You must appreciate what Rikki has done. You can’t have such people in Harare.

They get paid by the system to look the other way
[4/18, 5:15 PM] mdmawere1: What about what you have done yet you are in Zimbabwe?

You have helped shape and define the issues towards distilling them towards a destination where Gwaradzimba has no legal and moral basis for hiding behind the SMM CEO or any factual ignorance.

You have given up your mind and time to digest the facts and add your wisdom.
[7/23, 7:14 AM] mdmawere1: [4/18, 7:12 AM] Fred Mutanda: Morning

It has always been known that you dispossessed SMM.

It’s why it was done which was not known.

SMM was indeed turned into a financial project for AMG and EM.

It’s also known that Chinamasa wanted Saruchera to be the administrator but RBZ knew it would cause problems

Even if all this is exposed it will only become news and then it ends there.

I believe in correcting the wrongs. That’s what I would like to see happening. It’s not vindication
[4/18, 7:25 AM] mdmawere1: Good morning. Do you agree that the injustices have visited many people to allow for the idea of special purpose fights to be a strategy.

The house issue is one of many examples.

This exposes in a crude way what happened.

In Zambia, Gwaradzimba and Manikai asserted that they were appointed to deal with Mawere not only in Zimbabwe but anywhere where he had assets.

In the case of TAP, a similar argument was used that if TAP was under the control of SMM prior to reconstruction, it followed that the company should continue to be under SMM’s post-reconstruction control just like Gwaradzimba is now asserting that the house was assigned to SMM prior to reconstruction and therefore the pre-reconstruction relationship should have continued indefinitely.

The Recon Act puts a maximum period of 3 months for any lease agreement to be maintained after reconstruction.

The house has been under SMM’s control and management for 17 years.

According to Gwaradzimba without relying on any legal authority, the house issue establishes no knowledge and criminality on his part.

He has refused to disclose any details on the house.

In Zambia, he and Manikai hijacked TAP with full knowledge that there existed no legal authority to do so.
[7/23, 7:14 AM] mdmawere1: [6:58 AM, 4/14/2021] mdmawere1: Good morning
[8:09 AM, 4/14/2021] Fred Mutanda: A very good morning to you too
[8:15 AM, 4/14/2021] mdmawere1: What is your take on Gwaradzimba’s angle?
[8:17 AM, 4/14/2021] Fred Mutanda: I am happy that you have finally included the issue of the alleged insolvency of SMM. AMG is now in a quandary
[8:17 AM, 4/14/2021] Fred Mutanda: He did expect it to take this angle as well
[8:20 AM, 4/14/2021] mdmawere1: Do you think the issue of where the control and management of SMM rests after reconstruction is easily understood even by ZACC Investigators?
[8:31 AM, 4/14/2021] Fred Mutanda: In the conversation he said he had the Statutory Instrument
[8:33 AM, 4/14/2021] Fred Mutanda: No I don’t think the investigators understand that.

Please it’s now time to direct the investigators to Chinamasa
[8:38 AM, 4/14/2021] mdmawere1: I send him the Act. This is what s6(1)(a) of the Act states: A reconstruction order shall have the following effect, namely that—
(a) the administrator shall assume the control and management of the company and recover and take possession of all the assets of the company
[8:44 AM, 4/14/2021] Fred Mutanda: So why is AMG saying he does not control SMM but advise management
[8:46 AM, 4/14/2021] mdmawere1: He seems to have asserted a false narrative to ZACC that he is a mere advisor but SMM is controlled and directed by the CEO.
[7/23, 7:42 AM] Prof Mupasiri: Good morning. What is contained in the audio that justice delivery is a scare to many and those who thrive in injustice are willing to let it go easily.
[7/23, 7:46 AM] mdmawere1: I thought the conversation was between two people and the many.

Good morning.
[7/23, 7:47 AM] mdmawere1: Who opposed the use of FOSMM to take the next steps forward as a vehicle for litigation?
[7/23, 7:48 AM] mdmawere1: What was Mutanda’s attitude on using his chat with Manikai as a cause?
[7/23, 7:54 AM] Prof Mupasiri: He disowned the chat.
[7/23, 7:55 AM] Prof Mupasiri: Mutanda
[7/23, 7:56 AM] Prof Mupasiri: The interests in play were not only those of Mr. Mutanda but of his clique, hence, the many.
[7/23, 7:56 AM] mdmawere1: How do we know this as a fact?
[7/23, 8:11 AM] Prof Mupasiri: He called and in the audio:

1.He opined I should shake hands with Manikai and let it go.

2.He expressed knowledge of those who award tenders.

Manikai is the legal advisor to the president, is the bridge to the president and the government system.
[7/23, 8:24 AM] mdmawere1: Are you aware that he has since denied all the allegations asserting that you solicited for help from him and all he informed you was that he would not be able to assist with bridging you to government contracts if you were fighting against the same government you needed to secure your future
[7/23, 8:25 AM] Prof Mupasiri: [22/11/2021, 21:13] Fred Mutanda: Did you write the letter to Manikai or Mawere drafted it for your signature. Please clarify.

Why are you referring everything to Mawere?

Do you want my help? If so tell me truth. Was Mawere paying you and you now not getting anything?

Please disown your letter to Manikai on the FOSMM platform otherwise the authorities will not believe what I am doing for you.

Even if you are stressed why don’t you talk to me instead of Mawere.
[22/11/2021, 21:19] Prof. Mupasiri Zimbabwe: I was never paid by anyone, it was in the interest of justice to protect the future of our children. He was not involved in any way.

All I wanted was to get the clarifications from Mr Manikai and President ED from what I had gathered during my interactions with others in many of the groups that had to do with literacy.

You would note that I did an diploma in legal studies with Alison, so I am very much conversant with matters of the law.
[7/23, 8:31 AM] Prof Mupasiri: These were follow up messages after the call which he made at 1722hrs on 22 November 2021.

He talks of voice doctoring. It is neither here nor there.
[7/23, 8:31 AM] mdmawere1: Thanks for keeping this vital institutional memory.
[7/23, 8:33 AM] mdmawere1: Why would you conclude that it is neither here nor there when an allegation is made?

Why then do we need the rule of law when allegations are made and then default to silence?

Do you not see the materiality of this?
[7/23, 8:38 AM] Prof Mupasiri: There is nothing I kept to myself regarding this information.

My reservation on him was based on these kinds of chats.

I fully understand the materiality of it all and I only react to that which I have experienced.
[7/23, 8:39 AM] mdmawere1: No one is accusing you of holding anything back.

On the contrary, it is Fred who is accusing me of using you.
[7/23, 8:44 AM] Prof Mupasiri: I answered him on that in November 2021 and he is aware of my position.
[7/23, 8:59 AM] Prof Mupasiri: 👆🏿
[7/23, 9:00 AM] Prof Mupasiri: 👆🏿
[7/23, 9:01 AM] Prof Mupasiri: [09/11/2021, 15:44] Sekuru Mutanda FOSMM SA: I do not subscribe to using private conversations for official communication.

Given what most people believe I don’t see why FOSMM or Mr Mawere should not directly engage the President.

Why write to Manikai and not the President.
[09/11/2021, 15:50] Mutumwa Dziva Mawere: Did you communicate with Manikai?
[09/11/2021, 15:52] Sekuru Mutanda FOSMM SA: How does Mpasiri write a letter to someone without establishing that
[09/11/2021, 15:56] Mutumwa Dziva Mawere: I thought @mupasiri as a member of FOSMM in good standing sought to verify if the narrative from Manikai.

Manikai is a de facto President and you are not.

What is on the screenshot if confirmed helps explain why and how it all happened to get is to create this group?

Surely, the truth hurts no one.

It is for Manikai to deny any knowledge of the contents and then it is for you to confirm fraud in the creation of the thread presumably for malicious purposes.
[09/11/2021, 15:56] Mutumwa Dziva Mawere: Never shoot the messenger is the message is loud and clear.
[09/11/2021, 15:58] Sekuru Mutanda FOSMM SA: But Mupasiri cannot write to Manikai without engaging other FOSMM members
[09/11/2021, 16:00] Mutumwa Dziva Mawere: What are the other members doing in the name of the voiceless FOSMM?

How long as FOSMM been in existence?

If I was FOSMM, I will give him an award for standing for something instead of gatekeeping nothing.
[09/11/2021, 16:02] Mutumwa Dziva Mawere: If I was FOSMM, like Jesus said if two or more gather in his name, his presence will be alive.

At least now Manikai and the world know of the existence of this august group.

Surely, SMM like a pretty woman would not want to get kept in a refrigerator and someone keeping the keys.
[09/11/2021, 16:04] Sekuru Mutanda FOSMM SA: Once an organization has been established it’s functions and decisions must be through a board.

Otherwise it becomes a vehicle taking instructions from the victim
[09/11/2021, 16:06] Mutumwa Dziva Mawere: I guess if the board is alive when there is movement, then there is no board at all then.
[09/11/2021, 16:07] Mutumwa Dziva Mawere: Who is the victim of lawlessness? I beg your pardon.
[09/11/2021, 16:10] Mutumwa Dziva Mawere: I wish Zim had more @⁨Prof. Mupasiri Zimbabwe⁩ who can stand up to bullies clothed with public power instead of bureaucrats who may choose to gate keep as an end in the chain.
[09/11/2021, 16:15] Sekuru Mutanda FOSMM SA: I don’t understand this one
[09/11/2021, 16:19] Mutumwa Dziva Mawere: FOSMM was created to advance a national interest using SMM as one of many case studies.

It is not victim centric but forward leaning and outcomes focused.

Manikai is clothed with public power from his tone.

He had to fight back but it is clear who was in the cock pit plotting to use public power.

The SMM matter brings to the fore the role of the government and its actors in undermining the rule of law.

FOSMM requires agents to give it life and in so doing raise awareness.

It is not a business. It is a platform that requires human agents.
[09/11/2021, 16:24] Sekuru Mutanda FOSMM SA: Victim is you
[09/11/2021, 16:24] Mutumwa Dziva Mawere: Who said? I am not SMM. I can share my birth certificate.
[09/11/2021, 16:27] Mutumwa Dziva Mawere: Please don’t call me a victim unless I say so or plead so.
[09/11/2021, 16:27] Mutumwa Dziva Mawere: I have survived the last 17 years on my feet and not on my knees.
[09/11/2021, 16:28] Mutumwa Dziva Mawere: Unless I have begged anyone for food, please never call me a victim.
[09/11/2021, 16:32] Sekuru Mutanda FOSMM SA: I have seen one chat where you said you were also a victim.

The issue here is FOSMM members must be involved in its official communication. Such correspondence must be circulated for approval
[09/11/2021, 16:35] Mutumwa Dziva Mawere: Please let me say who I am rather than use my name to call me what I am not.

I am a human being like you and a law is a reality.

Today SMM is the subject and who knows who will be next.

Let us not be the judges.
[09/11/2021, 16:42] Mutumwa Dziva Mawere: The issue is what would FOSMM say to a person like @⁨Prof. Mupasiri Zimbabwe⁩ who has out of freewill decided to take the next step not for personal glory but to give life to the purpose of the vehicle.

I have not see a car resist to be driven even by a thief.

There are things that FOSMM would to be done in its name but alas nothing much bridges the time that is consumed without anyone controlling it.

As a member of FOSMM, I am personally proud of the courage of people like @⁨Janice BOAF⁩ and @⁨Prof. Mupasiri Zimbabwe⁩ who step up to the plate without asking too many questions.

If there is any aspect of the content in the letter, please by all means be an instrument to move forward with any foot that is willing to do so.

We should be preparing a press release in support of the case rather than become gate keepers of a board that may not be functional because of reasons best known to the actors.
[09/11/2021, 17:07] Mutumwa Dziva Mawere: @⁨Prof. Mupasiri Zimbabwe⁩ good afternoon.

Herewith my draft press release.

@⁨Manyati Brian OwnRadio⁩ please kind look at it.

Harare, 9 November 2021 Prof Tichaona Mupasiri is pleased to announce on behalf of the Friends of SMM (FOSMM), a trust duly established in terms of the laws of Zimbabwe, that yesterday he served a letter of demand on Mr. Edwin Manikai, a Director of Dube, Manikai & Hwacha, a law firm based in Harare, Zimbabwe.

Mr. Manikai is confidant and legal advisor of President Mnangagwa.

The demand relates to the role Mr. Manikai has played in the affairs of SMM Holdings Private Limited (SMM), a company that was established and operated in terms of the laws of Zimbabwe, until 6 September 2004 when an extrajudicial reconstruction order was issued by then then Minister of Justice, Legal and Parliamentary Affairs, Hon. Patrick Chinamasa (PC), whose effect was to divest and deprive shareholders of the company of its control and management.

As a consequence, Mr. Afaras Mtausi Gwaradzimba (AMG) was appointed as the new creature’s Administrator.

He has been in this position since 2004.

Prof Mupasiri said: “Is it not ironic that the world has raised timid people in their majority. Truth has to be told as is.

This SMM matter reveals that as we speak, things are unwell in government. A lot of truth have been concealed and and falsehoods amplified. Bullying is the order of the day in that circle (gov).

There is no place for Nicodemus activities now.

Truth has to see the light.

No amount of darkness will have it covers.

The more we hide the more we lose relevance on things that matter.

I will rather be soldier of justice than be victim of my conscience.

The proximity of Mr. Manikai who is also on President Mnangagwa’s Advisory Council raises serious ethical and legal questions that cannot remain unanswered.

I believe it is not only in the interests of FOSMM but the entire nation of Zimbabwe to verify if the serious allegations made by Manikai against his client are true and fact.

If true, then there is no way s167(3) of the Constitution cannot be the most appropriate refuge.

No President who willfully undermines the constitution he took an oath to protect and promote can be fit for purpose.

It is time for Manikai to tell the nation the truth.

We also want to know his personal account of his involvement in the Smoothnest Investments Private Limited debacle of 2003/04 as part of the Tsholotsho succession project in which public funds were raided.”
[09/11/2021, 17:09] +263 73 577 7551: good evening…

I think it’s being diplomatic…

the most important thing is that the President is put at speed with the other side of the story…

by so doing we would have established communication that can be followed upon even with the direct communication with him (H.E) if no response is given to the letter in question…

in legal matters they call it exhausting local remedies from you understanding…
[09/11/2021, 17:22] +263 73 577 7551: as much as @⁨Prof. Mupasiri Zimbabwe⁩ wrote the letter with the FOSMM letter head, for official purposes, he clearly mentioned that he’s writing the letter in his own personal capacity…

so I second the move…
[09/11/2021, 17:29] Prof. Mupasiri Zimbabwe: Why are people scared? Until when shall we allow this bullying to continue. What’s there for one to protect. We dealing with people whose lives are built on lies and thrive on threats. We may not be the friends of the victim but we must surely be friends of justice. This dragging of feet is worrisome.
[09/11/2021, 17:30] Mutumwa Dziva Mawere: What is letterhead if not a space to ventilate?

Who really in this digital age would like to muzzle and not promote discourses?

@⁨Sekuru Mutanda FOSMM SA⁩ who gave you my permission to discuss my affairs and SMM with Manilkai?

Should you not have sought my written permission first?
[09/11/2021, 17:31] Sekuru Mutanda FOSMM SA: I totally agree that we must be friends of justice. We know there’s no justice in Zimbabwe.
[09/11/2021, 17:32] Mutumwa Dziva Mawere: It is toxic and hence +41 years of bullshit and squandered opportunities.
[09/11/2021, 17:33] Sekuru Mutanda FOSMM SA: I did not discuss your affairs with Manikai
[09/11/2021, 17:33] Mutumwa Dziva Mawere: Please look at the thread. Why was he talking about a fallout to you?
[09/11/2021, 17:34] Mutumwa Dziva Mawere: Did he not tell that I had to ran away after a rot was uncovered?
[09/11/2021, 17:37] Mutumwa Dziva Mawere: [11/9, 5:36 PM] Prof Mupasiri: It is appalling how how people want public issues private.
[11/9, 5:37 PM] mdmawere1: It is sickening to say the least. Yet they have no difficulty discussing other people.
[09/11/2021, 17:40] Prof. Mupasiri Zimbabwe: Then what is your fear in standing for what is good and right. If what we say is kept private, how will the public know issues of public interest?
[09/11/2021, 17:42] Mutumwa Dziva Mawere: How do you raise awareness?

@⁨Norman Shywang FOSMM⁩ a founder of the trust was admonishing me this morning for being too silent.

He wants the problem to be personal for others to label me paranoid.

They call me a victim without my knowledge and consent.
[09/11/2021, 17:46] Sekuru Mutanda FOSMM SA: I believe in accountability and this applies to everyone.

It is those people in public office we must all hold to account. The Constitution of Zimbabwe mandate is to do that.

If you want to deal with issues of public interest you have to bear in mind with a lot including statutes of limitations.
[09/11/2021, 17:47] Mutumwa Dziva Mawere: Educate us on the limitations?
[09/11/2021, 17:47] Prof. Mupasiri Zimbabwe: Who is everyone?
[09/11/2021, 18:07] Engineer Joseph: If you believe in accountability then your conversations with Mr Manikai should be of public discourse. You are aware that he was SMM lawyer, he lead to the crafting of the Reconstruction Act by the fact of his position which brought weight to his conversation. Who would not believe a company lawyer. So when you listened to him making those statements it should have been very clear that the privacy you are trying to protect and assert is out of the box. The statement has a bearing on the fate of SMM and consequently the Reconstruction Act.
[09/11/2021, 18:13] Prof. Mupasiri Zimbabwe: That’s what I have always been saying. Unless people now believe in gossiping. There is nothing private. It’s better to reserve comments than crying foul citing issues of privacy. There is need to exorcise the ghost of fear
[09/11/2021, 18:15] Sekuru Mutanda FOSMM SA: There’s no fear here
[09/11/2021, 18:17] Prof. Mupasiri Zimbabwe: If I had asked for your consent as you highlighted, what were you going to say?
[09/11/2021, 18:49] Sekuru Mutanda FOSMM SA: I do not have any consent to give you.

It’s your constitutional right to express yourself
[10/11/2021, 08:37] +263 71 935 5788: what do we want to achieve. He will simply ignore the letter.
[10/11/2021, 08:38] Mutumwa Dziva Mawere: What do you think should be the end game or is it a lost cause?
[10/11/2021, 08:42] +263 71 935 5788: i share the same opinion with Norman of pursuing registration of Foreign judgment in Zimbabwe
[10/11/2021, 08:43] +263 71 935 5788: or maybe we can brief or consult advocates on that. the advantge being that after registration the judgment will be enforceable in Zimbabwe
[10/11/2021, 08:43] Mutumwa Dziva Mawere: Who should be the party interested in the registration?
[10/11/2021, 08:43] Mutumwa Dziva Mawere: It will be enforceable against who?
[10/11/2021, 08:43] +263 71 935 5788: SMM
[10/11/2021, 08:46] Mutumwa Dziva Mawere: Which SMM? Under recon or reconstructed company?
[10/11/2021, 09:49] Mutumwa Dziva Mawere: How can one sue SMM when it was not a party to the UK proceedings and had no interest in the outcome?
[10/11/2021, 11:58] +263 73 577 7551: I have read through all of the above…
[10/11/2021, 11:59] +263 73 577 7551: the question I have is that, was the letter dated 8November submitted to Mr Manikai?
[10/11/2021, 12:00] +263 73 577 7551: what is intended to be achieved?
[10/11/2021, 12:16] +263 73 577 7551: so my greatest prayer is that we don’t use the SMM matter to further another political interest which may bring the same negative results like in 2004…

as an Trust, we should be objective and focus as well tilt all our efforts to achieve the desired end…

my question is what is the desired end?
[10/11/2021, 12:16] Mutumwa Dziva Mawere: What is your thinking?
[10/11/2021, 12:18] Mutumwa Dziva Mawere: Instead of judging efforts of others, why not be original and share your own organic points?
[10/11/2021, 12:19] +263 73 577 7551: as I go through the threads I see FOSMM ALIVE…

the trust has been silent and by the conversation with Shavi and the coming in of Prof. Mupariri, the trust now has legs to move
[10/11/2021, 12:21] Mutumwa Dziva Mawere: I have asked a question in response to your question: “What is intended to be achieved?”
[10/11/2021, 12:25] +263 73 577 7551: i am not a lawyer but Shavi is talking about strategic legal routes which may bring the same results, he is making sense…

though I can’t repeat what he said
[10/11/2021, 12:25] +263 73 577 7551: I’m not judging…

I’m trying to project the future

but some questions are not yet clearly answered like that of the desired end…

I will always share my own organic points but since im still new and getting oriented, that is what I have…

but I can say so far so good…
[10/11/2021, 12:26] Mutumwa Dziva Mawere: What is Shavi saying and what am I staying?
[10/11/2021, 12:26] +263 73 577 7551: let’s remember that as Friends of SMM, we are really friends and we are family…

let’s be there for and understand one another to succeed in our noble cause
[10/11/2021, 12:27] Mutumwa Dziva Mawere: Is this a new slogan? What informs it?
[10/11/2021, 12:27] +263 73 577 7551: you were asking the questions, you are up for the game…
[10/11/2021, 12:28] +263 73 577 7551: it’s an encouragement Sir
[10/11/2021, 12:57] +27 73 981 8085: i guess this is the desired outcome and end goal. What happened to SMM can happen to anyone, including international investors.
[11/11/2021, 10:15] Prof. Mupasiri Zimbabwe: There is need to move forward without stopping. Before us is a cunning and ruthless clan of power mongers, molesters of justice and enablers of rot.
[11/11/2021, 10:19] Mutumwa Dziva Mawere: You are waiting for yourself.
[11/11/2021, 10:20] Prof. Mupasiri Zimbabwe: No waiting
[11/11/2021, 10:22] Mutumwa Dziva Mawere: If you can ran, do so, if you can walk, do, if you can crawl, do so but keep going. History is not a pedestrian for it is the business of those who keep walking.
[11/11/2021, 10:25] Prof. Mupasiri Zimbabwe: Indeed, MLK put it so eloquently that those with ears and eyes must respond that bold call.
[11/11/2021, 10:26] Mutumwa Dziva Mawere: MLK was on point on the fierce urgency of acting now.
[11/11/2021, 10:36] Prof. Mupasiri Zimbabwe: I have taken heed of his words; now transmuting them into their physical equivalence without hesitation.
[11/11/2021, 10:37] Mutumwa Dziva Mawere: You can bank on me to play my part.
[11/11/2021, 10:55] Prof. Mupasiri Zimbabwe: Indeed
[11/11/2021, 14:52] Prof. Mupasiri Zimbabwe: Nothing is impossible, right to demand answers on matters of public opinion is provisioned in the supreme law of the land
[17/11/2021, 10:27] Sebil Dhewa Lawyer: I appreciate Mr Mawere’s “locus” point. It’s valid point based on his experience in the previous cases he alluded to. Maybe the court’s findings on Mupasiri’s case will then open up the opportunity for Mr Mawere to launch his own restitution and damages claims, I guess. FOSMM will also be able to push the repealing of the Recon Act.

The reference to juristic person as completely different from the natural person was proven to be problematic in real life since the juristic person needed a mouthpiece to communicate with. I heard about something called “piercing the corporate veil” in order to reveal the identity of the natural persons behind the juristic one. In other jurisdictions, financial institutions do not grant loans to companies unless accompanied by unlimited surety signed by natural
persons associated with the borrowing entity.

This might explain why Norman is freely interchanging Manikai being Mr Mawere’s lawyer and being ARL/SMM lawyer….etc..etc…
[17/11/2021, 15:50] Prof. Mupasiri Zimbabwe: With the knowledge gained with regards to the SMM, are we still not provoked to seek for answers and stand for what is good and right?

What is the greatest fear?
[17/11/2021, 15:52] Mutumwa Dziva Mawere: Who is WE?
[17/11/2021, 16:24] Prof. Mupasiri Zimbabwe: The supposed friends of SMM, we are glued by the quest to see justice delivered by all means necessary with regards to SMM case. It there not a cause to stand up.
[17/11/2021, 16:26] Sebil Dhewa Lawyer: I have very little faith in the justice system of my country. This require political solution and not simple activism.
[17/11/2021, 16:26] Prof. Mupasiri Zimbabwe: Should it be a Mawere struggle? Is every citizen safe with this happening?
[17/11/2021, 16:28] Manyati Brian OwnRadio: Your call Prof., my call, anyone else’s
[17/11/2021, 16:29] Manyati Brian OwnRadio: However, I rally myself first, you rally yourself, another person that self call too
[17/11/2021, 16:30] Manyati Brian OwnRadio: Then collective action using the FOSMM vehicle is inevitable
[17/11/2021, 16:31] Prof. Mupasiri Zimbabwe: Is there harm in continually standing for what is good and right? Should we allow matters of property rights in the hands of politicians? Where do politicians draw their powers from? Is it not from the us? Should there be grave silence when they one day decide to wake up urinating on justice?
[17/11/2021, 16:59] Sebil Dhewa Lawyer: All I can see is a political problem that requires political solution. Activism don’t work in Zimbabwe. It’s like street demonstrations- zero impact!
[17/11/2021, 17:05] Prof. Mupasiri Zimbabwe: How can a political solution be attained?

Are we in agreement that the placing of SMM under reconstruction was a political action?
[17/11/2021, 17:08] Sebil Dhewa Lawyer: 100% ! It was a nasty political move.
[18/11/2021, 04:01] Sekuru Mutanda FOSMM SA: Having gone through most of the documents especially the Advisory letter by GG to try he late President Mugabe and Gwarazimba letter to Minister Chinamasa, I came to a conclusion that the SMM saga needs re-engagement of the parties.

To avoid getting other people becoming additional victims this re-engagement must take place.
[18/11/2021, 20:46] Prof. Mupasiri Zimbabwe: Are you insinuating that there is no rationality in one rising up to see that justice is served? Is this conclusion based on facts or assumptions and speculations?
[18/11/2021, 20:52] Norman Shywang FOSMM: I my capacity as founder and trustee of FOSMM, l move that we register those interested in being part of the cause, in return, they will sign confirmation of their membership and support the cause…. Demanding justice and answers
[19/11/2021, 00:40] Mutumwa Dziva Mawere: This is leadership in motion. Mahatma Gandhi said BE THE CHANGE.

DEMANDING JUSTICE AND ACCOUNTABILITY is not complicated as a cause to prevaricate.
[19/11/2021, 00:44] Mutumwa Dziva Mawere: I see him speaking his mind on the issues on the menu and his choice to hear that which leads to slogans and celebrating the ghosts of history when the time to act is NOW.
[19/11/2021, 08:56] Prof. Mupasiri Zimbabwe: [19/11, 08:47] Nigel Uhambo Financial: Good day Prof how are you. Nigel here i got your number for Mr Mawere. I will be collaborating with my colleagues at Uhambo Financial Services to open a GoFund Me page for the FOSMM legal fees
[19/11, 08:47] Nigel Uhambo Financial: we will make the initial contribution of R1000
[19/11, 08:48] Nigel Uhambo Financial: we are working on this to be set up today
[19/11, 08:51] Prof. Mupasiri Zimbabwe: Oh great. Thank you. How are you. That is active citizenship in motion. Seeking for justice is a cause worth fighting for. No one is safe absent rule of law and when there is no respect for property rights.

Thank you for standing up!
[19/11/2021, 08:59] Mutumwa Dziva Mawere: @⁨Nigel Uhambo Financial⁩ thanks for taking a step forward.

Justice is not cheap. It is like a seed.
[19/11/2021, 09:05] Nigel Uhambo Financial: My pleasure sir
[19/11/2021, 09:06] Mutumwa Dziva Mawere: Let me know when you have established the account so that I can also contribute to the cause.
[7/23, 10:05 AM] Prof Mupasiri: I had a picture of what was likely to happen and had to weigh every option available.

In that audio, I had to listen to what he had to say without objecting to his talk.

Interrupting him was not beneficial to me as I had to know what was in his mind.

Had I interrupted him, the call could not have taken more than 16 minutes.

As I was in those groups, I kept on learning, unlearning and relearning. And to date, I am still learning and taking lessons from each interaction I find myself in.

My election to go to court was independent as I saw it rational that I act without expecting the next person to do that which i was not able to do.

I had to do it in the face of all negativities.

Even today, I am aware of the situation that is obtain, only that I cannot tell exactly what the future holds for me as I will only get to know when I get there.
[7/23, 7:30 PM] +263 71 890 1499: Thanks moyo
[7/23, 7:36 PM] Fred Mutanda: There’s nothing defamatory I said about you. We were talking about his welfare. He asked for a job and wanted help. I am sorry if you feel that way but it was all in good faith
[7/23, 7:36 PM] Fred Mutanda: I don’t believe in back biting of malicious talk.. The best thing is I don’t talk to anyone
[7/23, 7:36 PM] Fred Mutanda: I never take anyone for granted or for a fool, especially you. It’s really up to Tichaona and yourself.

My discussion with him was personal. He wanted help.. I didn’t listen to the audio. I am sorry if you feel that way. It’s Mupasiri’s responsibility not mine
[7/23, 7:47 PM] Tapuwa Chitambo: In the audio you gave Mpasiri a choice to either withdraw his letter in order to get a job or government contracts . It is clear in the audio.
[7/23, 8:07 PM] Fred Mutanda: These are my chats with MDM.. My discussion with Tichaona Mupasiri was based on privileged information..

Every person has the right to freedom of expression, which includes freedom to seek, receive and communicate ideas and other information.

Such freedom of expression exclude
1 incitement to violence.
2 Advocacy of hatred or hate speech.
3 Malicious injury to a person’s reputation or dignity or
4 malicious or unwarranted breach of a person’s right to privacy.

Mupasiri did exactly that to Manikai and the President using my name..

That’s not a fact to be used in court.

One seeks remedy of the Constitutional Court to decide only constitutional matters and issues connected with decisions on constitutional matters.

Mupasiri did not seek any remedy from the Con Court against Manikai. What Mupasiri did is use the Constitutional Court to advocate hatred or hate speech against Manikai using my name. Malicious or unwarranted breach of Manikai’s right to privacy using my name.

That’s wrong.. Yet he went on to seek help. Unfortunately MDM continue to express malicious and unwarranted breach of Manikai’s right to privacy on this platform.

A wrong cannot be corrected with another wrong
[7/23, 8:11 PM] Fred Mutanda: I didn’t put it that way.. I asked him to withdraw his letter where he abused my name.

I simply told him that I cannot seek employment or contracts from the same government, he was at loggerheads with.
[7/23, 8:14 PM] Ernest Temba: What is government?
[7/23, 8:14 PM] Tapuwa Chitambo: Is his fight against government or a few individuals?
[7/23, 8:16 PM] Fred Mutanda: Government is the executive, judiciary and legislature
[7/23, 8:16 PM] Tapuwa Chitambo: I assume by now you have listened to the audio
[7/23, 8:16 PM] Fred Mutanda: He should answer that..
[7/23, 8:17 PM] Ernest Temba: Was he at loggerheads with those ?
[7/23, 8:19 PM] Fred Mutanda: He is at loggerheads with the head of the executive, the President..

The point is his letter was based on malice not law or the Constitution
[7/23, 8:20 PM] Ernest Temba: Is the head of the executive the government?
[7/23, 8:21 PM] Fred Mutanda: No but he is the appointing authority of government
[7/23, 8:21 PM] Ernest Temba: Does the constitution totally agree with you on that
[7/23, 8:23 PM] Ernest Temba: Is this country a republic?
[7/23, 8:26 PM] Fred Mutanda: The executive authority of Zimbabwe vests in the President, through the Cabinet. He appoints the Cabinet.

The President signs all bills from the legislature into law.

The President has the final say on the appointment of judges
[7/23, 8:26 PM] Fred Mutanda: Yes
[7/23, 8:28 PM] Tapuwa Chitambo: Did you listen to the audio chairman Mutanda?
[7/23, 8:29 PM] Ernest Temba: If it’s a republic that means we have no king or queen? Who is the sovereign then?
[7/23, 8:30 PM] Fred Mutanda: I didn’t have to.. I know what I discussed with him..and the basis for such discussions
[7/23, 8:31 PM] Fred Mutanda: Absolutely we don’t have a king or queen
[7/23, 8:32 PM] Ernest Temba: In a republic the citizen is the sovereign. In the three arms of government we have workers
[7/23, 8:33 PM] Fred Mutanda: That’s why the President is directly elected by the people
[7/23, 8:36 PM] Ernest Temba: The people are the shareholders who appoint the executive director. The executive director is not the owner of the company. He or she can be fired. Do you agree.
[7/23, 8:36 PM] Tapuwa Chitambo: Is that audio a true recording of the conversation or it was edited?
[7/23, 8:36 PM] Fred Mutanda: Can be impeached
[7/23, 8:37 PM] Fred Mutanda: I don’t know
[7/23, 8:37 PM] Ernest Temba: Niceties are but language
[7/23, 8:38 PM] Tapuwa Chitambo: I suggest you listen again and point out where you believe it was edited.
[7/23, 8:39 PM] Fred Mutanda: Not necessary
[7/23, 8:41 PM] Tapuwa Chitambo: Why do you suggest that Mpasiri did not seek remedy from the con court but instead he used it to advocate hatred using your name?
[7/23, 8:41 PM] Prof Mupasiri: Why was it important for me to shake hands with Manikai.

I only sent my papers following the background information I had given to you, it had nothing to do with job seeking and or contracts from government.

I was only highlighting to you my journey in as far as fighting for justice was concerned.

If I needed the job or contracts, what then happened?
[7/23, 8:44 PM] Tapuwa Chitambo: Because in the audio it is made clear you have the capacity to sway the issuance of government contracts and as you suggested one is awarded such when he isn’t fighting the privileged.
[7/23, 8:44 PM] Fred Mutanda: I am suggesting that..read his application
[7/23, 8:45 PM] Fred Mutanda: That’s not what I said..
[7/23, 8:46 PM] Fred Mutanda: It’s what MDM said in interpreting the audio
[7/23, 8:49 PM] Prof Mupasiri: The chat which was my point point of departure was between you and EM.

That was clear that public power was used in wrestling the control of a private company.

That on its own scared me to the point that I concluded that if this kind of attitude is celebrated noone is safe.

I had to take action, starting with writing letters to both the President & EM which they refused, neglected and failed to respond to.

A public law was used to divest shareholders and directors of a private company of their control on the guise of state indebtedness.

Your view was Mawere was the one writing for me to only sign as if I could not do it myself.

My response to you was very clear then.
[7/23, 8:51 PM] Fred Mutanda: That’s privileged
[7/23, 8:52 PM] Prof Mupasiri: But it was already in the public domain.
[7/23, 8:54 PM] Tapuwa Chitambo: Do you remember sharing your chat with Manikai? A chat in which Manikai siggested that Mawere supported the wrong horse and got his company confiscated?
[7/23, 8:55 PM] Fred Mutanda: That MDM drafts your papers?
[7/23, 8:55 PM] Prof Mupasiri: Which papers?
[7/23, 8:56 PM] Fred Mutanda: I am responding to this
[7/23, 8:57 PM] Prof Mupasiri: How so?
[7/23, 8:58 PM] Tapuwa Chitambo: Kindly respond. Was this privileged information you shared?
[7/23, 8:59 PM] Fred Mutanda: No
[7/23, 9:03 PM] Tapuwa Chitambo: How so?
[7/23, 9:20 PM] Ernest Temba: What information is privileged and what is not? Or should one ask whose information is privileged and whose is not? I am getting confused. I am walking from a pub sober as I am. Jesus?
[7/24, 12:28 AM] Prof Mupasiri: There is no privacy in criminality and when public power is being abused the privacy refuge loses its saltiness.
[7/24, 4:55 AM] mdmawere1: Good morning
[7/24, 4:55 AM] Tapuwa Chitambo: Good morning
[7/24, 4:55 AM] Mukoma Masimba: Good morning to you n good day Australia
[7/24, 5:01 AM] mdmawere1: @⁨Tapuwa Chitambo⁩ @⁨Mukoma Masimba⁩ good morning to you too. Please help unpack what could possibly what is meant by invoking HATRED into facts that relate to the use of public and not private power to divest and deprive of the right and freedom entrenched in the constitution.