Mukoma Masimba gets blocked by Mr Niel Van Onselen, an Associate Designate at DLA Piper South Africa (RF) Incorporated, a South African law firm, in his search to hold the firm’s clients for undermining the rule of law in Zimbabwe.

Mukoma Masimba gets blocked by Mr Niel Van Onselen, an Associate Designate at DLA Piper South Africa (RF) Incorporated, a South African law firm, in his search to hold the firm’s clients for undermining the rule of law in Zimbabwe.

MM is a member of the Friends of SMM and an active member of the C2C initiative whose core focus is to convert connections into community power.

An issue has arisen in the context of the affairs of SMM especially in relation to the reality that the right power, authority and relationship between an Administrator appointed by Chinamasa with SMM Holdings Private Limited (SMM) was recognized and enforced in SA using the agency of Ms. Kirsty Simpson, who was a Director of ENS INC.

In response to Professor Mupasiri’s application for a declaratory order that SMM was an organ of the government of Zimbabwe pursuant to the existence and operation of a reconstruction order that was issued by Chinamasa whose effect was to divest and deprive its shareholders and directors of its control and management.

Gwaradzimba was appointed by Chinamasa to control and manage the affairs of SMM and related juristic entities since 6 September 2004 or 18 years.

No dispute exists that Gwaradzimba relied on the authority conferred by a decree to find locus to institute proceedings in a foreign country, South Africa, without suffering the burden to seek and obtain the permission of the SA High Court to obtain recognition to represent SMM.

Gwaradzimba, whose authority in relation to SMM was derived from a decree that offends international law and SA constitution, managed to escape the scrutiny of the SA judiciary because of allegations that firms like ENS INC are not accountable to the law but are the law.

Judgments were sought and granted in SA using the agency of ENS INC and it is the legality and constitutionality of these bizarre premised on the extra-territorial application of a Zimbabwean decree in SA that forms the dispute in Professor Mupasiri’s pending application.

Mukoma Masimba said: “I had no idea that ENSafrica, Africa’s largest law, was used as a vehicle by the government of Zimbabwe to prosecute fraudulent claims using the SA courts and it is chilling that the firm’s legal representatives are trying to conceal their role in this repugnant enterprise and when I tried to contact Neil, he blocked my calls.

ENSafrica is Africa’s largest law firm.

It boasts of over 600 specialist practitioners.

Today, during a WhatsApp conversation with
Mr Neil van Onselen an Associate Designate at ENSafrica, l was blocked.

Mr van Onselen failed to answer a simple work related WhatsApp messages from me.
I approached Mr van Onselen after l got angry from reading a recent shocking affidavit in South Africa courts as of today. The Affidavit belongs to Mr Gwaradzimba the so called #SMM Administrator. The affidavit is out of touch and Mr Gwaradzimba was simply saying #SMMH matter is 19 yrs old, time has lapsed. Let’s leave it. How shocking?? That got me angry and l immediately looked for the lawyers to hear more. Infact the main reason l had to quickly look for the lawyers is the context of Mr Gwaradzimbas affidavit.

This morning Australia time, l send a WhatsApp message to Mr Van Onselen. My message was short and sharp. Attention to detail was on my mind when l was sending the messages.

My interest in this matter has been sparked by President Mnangagwa who has admitted under oath that using his lawyer, Mr Edwin Manikai whose firm DMH Attorneys was the instructing attorney, in the SA leg of the implementation of a the reconstruction law of Zimbabwe in South Africa, and being in the diaspora, it is critical that I dig deeper to establish the facts and circumstances that led ENS INC to accept the mandate from an organ of a foreign rogue state yet up to this day assert that their client was a private company that needed a decree to establish locus in SA.

My first message got delivered instantly and l got a confirmation of blue ticks.

I waited for a reply after 14hrs of no response l then sent another message.

Unfortunately, it was never delivered because l was blocked by him.

What I wanted to establish is whether a Zimbabwean law can operate extra-territorially and whether by recognizing the rights that were acquired using public power, ENS was complicit in giving life to the confiscatory laws that President Mnangagwa assails as constitutionally valid.”