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BATTLE OF IDEAS ON CIVICS – Is this title informed by literacy or illiteracy on the true nature of the Musengezi matter?



[10/6, 9:29 AM] Munyaradzi Kwirirai: Tichaona Mupasiri joins ED coup challenger to stop Zanu-PF congress

 DMB Midweek Special

5 October 2022

Tichaona Mupasiri joins ED coup challenger to stop Zanu-PF congress


By Staff Reporter On Oct 5, 2022 24,60316 Comments


President Emmerson Mnangagwa and Zanu PF member Sybeth Musengezi

A Zanu-PF member challenging President Emmerson Mnangagwa’s legitimacy has been joined by academic and Friends of Shabani, Mashava Mine Trust member Tichaona Mupasiri in the case he is seeking to stop the ruling party congress.

Mupasiri on Monday filed an application for a joinder in the case in which Musengezi is seeking to stop the party congress on the basis of Mnangagwa’s alleged lack of legitimacy.

In the application he filed in terms of section 2 (2) of the Constitution, which allows him to apply to intervene in a matter under case HC5687/21, Musengezi versus Mnangagwa, Mupasiri supports Musengezi’s claim that the November 19, 2017 Zanu-PF central committee meeting that elected Mnangagwa to be President of the party was convened illegally.

Mupasiri cited Musengezi, Zanu PF, Mnangagwa and party leaders Obert Mpofu and Patrick Chinamasa, former Vice-President Phelekezela Mphoko and former Local Government minister Ignatius Chombo and the Federation of Non-governmental Organisation Trust led by Goodson Nguni and Nguni as the first to ninth respondents.

This is not the first time Mupasiri is challenging Mnangagwa. In December, last year, he filed another application against the President and his lawyer Edwin Manikai alleging that the latter assisted Mnangagwa to assume the Zanu-PF party presidency in 2017.


[10/6, 11:15 AM] Israel Mabhande: How is mupasiri an interested party, is he a member of ZANU PF?

[10/6, 11:17 AM] POL00012: You raise an important question and the headline is instructive. What do you think the author of the story or the editor wished to convey as a message from the reckless headline?

[10/6, 11:25 AM] Israel Mabhande: Difficult to fathom, but if indeed he has applied for a joinder on the side of sybeth then there doesn’t seem to be any mischief in the heading. One of the reliefs sought by Sybeth is to stop the ZANU PF congress until the legitimized case is determined. For sybeth he obviously has locus standi being a bonafide member of ZANU PF. That’s why I questioned mupasiri’s interest.

[10/6, 11:27 AM] POL00012: Do you understand that the supremacy of the constitution limits the title and jurisdiction of the court in tribal or affinity-centric disputes?

[10/6, 11:31 AM] Israel Mabhande: Ok. But I thought almost always the courts would ask for a person’s interests in such proceedings, especially as the case is not about the government but leadership of a party, which in terms of the law may be treated as a voluntary private organization.

[10/6, 11:49 AM] POL00012: You assert boldly in response to the question on the mischief inherent in the proposition that an application for leave to intervene is based on affinity rather than on objective and testable factors related to the cause, that: “Difficult to fathom, but if indeed he has applied for a joinder on the side of Sybeth then there doesn’t seem to be any mischief in the heading,” when the test for any independent and impartial tribunal has to be measured in terms of the limitation imposed in s2(1) of the Constitution as follows:

“This Constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency.”

It is clear from the above, that the practice of self-help based on some mentality of entitlement and stockholder role in relation to the promotion, protection and upholding duties inherent in civics, that would compel a person to assume and assert superior rights in relation to any step forward including ascendancy falls within the ambit to the above section.

In addition, when someone knows that the only organ that can bridge one’s personal ambition is through an election, and then one intentionally and knowingly, creates a new test that then is determined by an organ of the party lacking title and jurisdiction to make a conduct lawful, then the enterprise of stepping to the shoes of an elected Mugabe falls within the ambit of the impugned conduct in terms of the limitation prescribed above.

Now turning to the locus of the person who wishes to test the validity or legality of any conduct that falls outside the prescription even of the ZANU-PF constitution, s2(2) of the Constitution is prescriptive and decisive as follows:

“The obligations imposed by this Constitution are binding on every person, natural or juristic, including the State and all executive, legislative and judicial institutions and agencies of government at every level, and must be fulfilled by them.”

It is not in dispute that the ZANU-PF constitution is subordinate to the national constitution. Musengezi approached the court on the basis of his relationship with the party.

Mupasiri’s application is premised on the basis that he is the EVERY PERSON referred to in s2(2) of the Constitution. It is clear that citizenship is not limited only to rights like the right to vote but the obligation to make public office bearers or beneficiaries of public power or elected servants to account for the use of public power.

In this matter, the Presiding Judge in the Nguni application for leave to appeal has already stated that even a trust has locus to participate including Nguni to allow anyone to misrepresent that Mupasiri has no mind of his own and that his obligation to uphold, defend, respect and obey the constitution of the country as the supreme law should be subordinated to the limitations imposed by private club’s constitution let alone by personal interests.

It is the constitution that compels persons to be vigilant lest they trust their servants to conduct themselves in a transparent, open and accountable manner.

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1 Comment

  1. thespian

    Oct 8, 2022 at 3:57 pm

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President Cyril Ramaphosa

President Cyril Ramaphosa will tomorrow , Wednesday, 22 March 2023, deliver the keynote address at the first day of the three-day National Conference on the Constitution which is titled Reflections And The Road Ahead.

The event will take place at the Gallagher Convention Centre in Midrand, Gauteng, under the theme “Reflections on the Constitution: Rule of law, accountability, social and economic justice”.

The conference gives the nation an opportunity to reflect and engage in dialogue on the past 25 years of the Constitution, nation building, gender equality, youth economic empowerment, service delivery and social stability, with the objective of charting a way forward that builds on the gains of democracy.

As a platform for deliberating on continuous, robust debate on the purpose and effectiveness of the Constitution, the National Conference on the Constitution intends to broaden the discourse on the Constitution and encourage members of the public to participate in the conversation on constitutionalism and the state of democracy in the country.

Some of the focus areas in the programme include:

• Transforming and building an independent and resilient judiciary;
• Transforming and growing the economy as a constitutional imperative;
• Progress on land reform: restitution and distribution;
• Governance and electoral reform;
• Effectiveness of constitutional and independent statutory bodies in strengthening
constitutional democracy.

The conference will be attended by prominent figures of South African society including academics, members of legislatures, constitutional and independent statutory bodies, mayors, political parties, youth, students, business leaders, religious leaders, representatives of the legal fraternity, traditional leaders, media and others.

The conference will be held as follows:

Date : 22-24 March 2023
Time : 08h30
Venue: Gallagher Convention Centre, Midrand, Gauteng

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Here are the facts:

THE COCA COLA COMPANY (TCCC) acquired THE ENTIRE ISSUED SHARE CAPITAL OF CADBURY SCHWEPPES PLC resulting in the control and management of the global Schweppes businesses into TCCC value chains including Schweppes Zimbabwe Limited (SZL), a company incorporated in terms of the laws of Zimbabwe.

Mr. Brian Musekiwa, a Zimbabwean-born professional based in Texas, USA, said: “I had no idea of the SZL matter and its intersection with the SMM Holdings Private Limited (SMM) affair until I joined the Justice Under Rule of Law’s (JUROL) corporate heritage and legal literacy campaign powered by the Banking on Africa’s Future (BOAF) of which I am a paid up member. I have followed the SZL saga with keen interest not because of the Zimbabwe angle but because TCCC is a global corporate icon and just the idea that this company was party to an extortion and corrupt deal involving the payment of $2.7 million to Chinamasa, Mnangagwa’s key 2017 coup ally, is chilling leading any person like me to want to know if there exists any causal link between the complicity of TCCC’s alleged corrupt practices and conduct in relation to the affairs of the SZL localization and upgrade program concluded with Africa Resources Limited (ARL), a private company incorporated in terms of the laws of the BRITISH VIRGIN ISLANDS (BVI) and wholly owned by Mr. Mutumwa Mawere, a Zimbabwean born South African naturalized citizen, who Mnangagwa and Chinamasa using Messrs. Edwin Manikai and Afaras Gwaradzimba as surrogates, and the extrajudicial and the unconscionable theft of the control and management of SZL and other juristic entities using an unprecedented draconian and barbaric law called the Reconstruction of State-Indebted Insolvent Companies Act that was authored by Mnangagwa to bridge him to state power.”

Mr. Cornwell Mutetwa, a Zimbabwean businesan said: “I naively thought that the reconstruction project was solely premised on the affairs of SMM as a company and not on the person of Mawere and his alleged interests in companies like SZL.

I am pleased that Mr. Mucha Mugore, a member of BOAF-JUROL, inspired by findings in his MBA dissertation research on how public power was abused in expropriating Mawere’s relationships with not only SMM but many separate and distinct juristic entities, provoked in a whatsapp group that the record of this sad chapter in the corporate history of Zimbabwe must be corrected preferably in form of a memoir written by Mawere.

I was encouraged and remain so that I have flins myself being part of this noble project that has enabled me to interface with Mr. Mawere who has generously downloaded critical information that hitherto has not been in the public domain. I had no idea that Coca Cola Holdings Netherlands (CCHN) was directly and indirectly involved in the affairs of SZL until I read this:

Having understood that it was the Zimbabwe Competition and Tariffs Commission (TCTC) was weaponized to have jurisdiction beyond its mandate to regulate competition issues to become relevant in prescribing localization matters, I began to understand that under the late Mugabe’s watch the governance system was already broken.

My memory was then provoked to appreciate why the former Minister of Indigenization, Hon Kasukuwere, had a hand in the SZL matter and used his public office to cause ZCTC to require as a condition for approving that the control and management of SZL be divested and deprived from TCCC using public power.

It is against this background that the extortion inherent in the extract below from a meeting between SZL’s then SA-based legal counsel, an employee of Coca Cola South Africa Pty Limited, a private company incorporated in terms of the laws of SA, can properly be understood:

It was made clear to CCSA that unless a payment of $2.7 million was paid to the order of Fidelity Life Asset Management (FLAM) and SMM under Chinamasa’s control through his appointee, Gwaradzimba, the ARL purchased equipment imported from Europe and delivered to SZL as part of the upgrade project, would not be released to an SZL controlled by CCSA until a ransom amount of $2.7 million was paid to the order of Chinamasa.

On the advise of Gwaradzimba whose relationship with SMM was a consequence of a decree and an order issued by Chinamasa with no judicial involvement, CCSA according to Mr. Mokwena, in his capacity as the legal counsel of both SZL and CCSA, was advised by Gwaradzimba and accepted his advise to part with a bribery of $2.7 in million to cause Chinamasa to exercise public power to issue a notice removing SZL from the purported and unlawful and invalid control by Gwaradzimba using the order issued by Chinamasa in relation to SMM affairs only.

It is chilling that Chinamasa used public power to issue a notice dates 26 January 2006 and through his appointee was rewarded with a secret gift of $2.7 million to the prejudice of ARL and its sole shareholder, Mr. Mawere.”

Mr. Peter Makoni, an attorney and a member of BOAF-JUROL, said: “I have had the opportunity to read and understand the sequence of events leading to the confiscation of equipment acquired by ARL using the personal agency of Mr. Mawere as set out below:

It is clear from the fax above that neither FLAM nor SMM under reconstruction were involved in the SZL matter as promoters and sponsors to permit any lawful payment of a bribe of $2.7 million to Chinamasa using cronies like Gwaradzimba and Manikai.

Having concluded that Chinamasa was unjustly enriched to the tune of $2.7 million based on fraudulent representation that the $2.7 million that ARL, a company whose affairs fell outside the jurisdiction of Zimbabwe and, therefore Chinamasa and his surrogates, in exchange for a government gazette to divest and deprive ARL of the control and management of the upgrade equipment that was conveyed by Petter Trading Pty Limited as ARL’s agent, received pocket money to be used for ulterior motives in the amount of $2.7 million from CCSA.

It would please anyone interested in building a future of not only Zimbabwe but Africa that is characterized by the respect of the rule of law to take notice of the documents in the flipbook below:”

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