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Mr. George Van Niekerk asserts that judgments tainted by fraud cannot be collaterally impeached – as he warns Mupasiri not to criticize ENS INC., for acting for the government of Zimbabwe

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In an audio with a journalist, Mr. George Van Niekerk, Executive with ENS INC., warns Mupasiri not to criticize SA judgments and also not to attack his firm for acting on behalf of the government of Zimbabwe, as he asserted boldly that any attempt to attack judgments tainted by fraud will not succeed in South Africa.

ENS INC has opposed an application launched by Mr. Mupasiri under case number 2020/41435 although no specific relief is sought against the firm.

The notice of opposition was signed by Mr. Van Niekerk on behalf of ENS INC., as shown below:

Mr. Mupasiri concerned that SA courts were intentionally and knowingly misled by a team led by Mr. Manikai into determining and granting judgments in favour of a creature disguised as a juristic entity when in truth and fact the effect of the an extrajudicial decree issued by the then Minister of Justice, Hon. Chinamasa, was to divest and deprive SMM of all the properties of a company including its control and management that was vested in the Administrator appointed extrajudicially.

The question that Mupasiri has paused to the SA court is whether SA courts have title and jurisdiction to give audience to a creature of statute whose authority to litigate in South Africa is derived from a law and conduct that is inconsistent with not only the constitution of South Africa but international law.

ENS INC., represented by Mr. Van Kiekerk asserts that once a judgment has been granted even though facts may exists that it is tainted by fraud in that orders were sought and granted on the basis that SMM was a private company when the facts inherent in this matter show that the shareholder of SMM, an English company, SMM Holdings Limited (SMMH), was stripped of its shareholding without any due process.

It was argued by the government of Zimbabwe that SMM was indebted to the state and was insolvent, and in the circumstances, Mr. Mupasiri has cited ENS INC., to assist the court to determine how an insolvent company could engage the services of this expensive law firm.

The judgments in question were clearly in favour of SMM Holdings Private Limited when no facts were placed before the court that this entity was hijacked using public power in Zimbabwe leading to the export of the right and authority conferred by a Zimbabwean decree for an Administrator who owes no duty to this organ of state but to the Appointing Authority i.e. the Minister of Justice.

The question that Mr. Van Niekerk has refused and failed to answer is whether the firm’s client was a company or an organ of the government of Zimbabwe.

President Mnangagwa has already answered this question by admitting that he was fully informed of all the affairs of SMM and confirmed his involvement.

There is no dispute that President Mnangagwa since 1980, has always been a public office bearer and as such the only nexus that he could legitimately claim in relation to the affairs of SMM under reconstruction was pursuant to the existence and operation of an extrajudicial order that permitted the Minister of Justice to substitute the right, power, authority and legal relationship that existed in terms of the Companies Act, a law of general application, between SMM, the company, and its shareholders and directors.

Below is an extract of a chat that was triggered by an audio in which Mr. Van Kiekerk is coaching a journalist on what to write on this story.

[6:05 am, 13/10/2022] Munaku: My day was a little packed but here I am. The ramification of this extraordinary import goes beyond the mere walls of the court and individuals concerned into a reversal of the gains from the South African freedom fight. Words construct our reality. If the South African government makes use of agreed draconian laws from another country what stops it from importing many others to settle matters of other South African entities and persons using these newly discovered weapons of choice. This will set an undesirable precedence. The road to hell is often paved with good intentions and clearly we should not be making use these paving bricks. They end in the creation of another draconian state that will repel business and have its people running out of it like we see in Zimbabwe.

[6:07 am, 13/10/2022] POL00012: Good morning

[6:07 am, 13/10/2022] POL00012: Thanks

[6:21 am, 13/10/2022] Munaku: Morning.

[6:37 am, 13/10/2022] POL00012: Do you think the draft letter should be sent?

[6:38 am, 13/10/2022] Munaku: It’s a war. Yes, it is the kitchen sink.

[6:39 am, 13/10/2022] Munaku: By the end of today till tomorrow i will be in a poor network area.

[6:40 am, 13/10/2022] POL00012: No problem. Your voice has already registered. War demands actors in it.

[6:42 am, 13/10/2022] Munaku: Thank you. In a war you throw everything including the kitchen sink. All is fair.

[6:45 am, 13/10/2022] POL00012: Indeed. Is it a war against me or against the supremacy of the constyin your perspective?

[6:52 am, 13/10/2022] Munaku: It’s a war against perceived enemies of members of some of the political elite in Zimbabwe. South Africa is catching the infection from Zimbabwe.

[7:43 am, 13/10/2022] Munaku: Call it a persecution. An assault on the constitution of South Africa.

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When President Mnangagwa signed a document purporting to be his mate, see the reality?

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Hopewell Chin’ono’s Hypocrisy Exposed by Mr. Tinashe Mpasiri

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On 24 November 2022, Mr. Hopewell Chin’ono shared this tweet on his wall: https://twitter.com/daddyhope/status/1595758807392534528?s=20&t=YflO7bnB-32EN89x_0fPfQ with the following message directed to nameless and faceless South Africans:

“What we ask from South African citizens is for your President to STOP sanitizing Corrupt Rule in Zimbabwe and to STOP lying that our economy was destroyed by sanctions Listen to our President speak about the LOOTING in 1996.

Why doesn’t your president speak about free elections?”

The above mentioned tweet led to a conversation between Mr. Mpasiri, a member of the Justice Under Rule of Law (JUROL) and Mr. Chin’ono as set out on this link: https://heyzine.com/flip-book/d47b109920.html.

When asked why he had chosen to share a video of 1996 in support of his narrative that President Ramaphosa was guilty of sanitizing the corrupt practices by President Mnangagwa and his administration, Mr. Chin’ono responded as follows:

“ZPF leading Public officials operate with criminal business partners to loot public resources. For all intents and purposes sanctions are not the cause of Zim economic quagmire but ZPF looting public purse thru its puppet business partners from as far back as 1996?”

Advocate Matiza, a member of the Justice Under Rule of Law made the following observations and also a participant in the Banking on Africa’s Future (BOAF) – Legal Literacy WhatsApp group, commended as follows: “It is clear from the above that by importing the video in which Mr. Mawere was featured with Minister Mnangagwa as he was known then, Mr. Chin’ono was openly alleging that Mr. Mawere was Mnangagwa’s then criminal business partner who was his accomplice in looting public resources of Zimbabwe.

However, when exposed by Mr. Mpasiri, a member of JUROL and BOAF, Mr. Chin’ono backtracked as set out below:

TINASHE MPASIRI v HOPEWELL CHIN’ONO
TM: Good morning Mr Chin’ono.
My name is Tinashe Mpasiri and I am a member of the Justice Under Rule Of Law (JUROL).
I am an avid follower of your posts and exposé and certainly wish that there were more
Zimbabweans like you, working towards a diverse, inclusive, progressive and prosperous future
for all.
I just wanted to greet you and share with you a post that was shared in a group I am a part of,
that you may be able to shed more light on it.
https://twitter.com/daddyhope/status/1595758807392534528?s=08
HC: Thank you. I did an interview last night on the issue. Feel free to share it in your group
Find it here;
https://twitter.com/daddyhope/status/1595853417355784192?s=46&t=6iHx7x2V4i8IiLZyIobk_g
TM: Thank you very much sir.
Just for your information, I belong to a group with officials from Wits University and questions
arose yesterday after your sharing of the video.
I have been asked to communicate with you so I get clarity, so we can share with a proper
context.
Your narrative on the tweet is about president Ramaphosa’s failure to act on corruption in
Zimbabwe, but the content of the video, appears nothing to do with the corruption angle.
Kindly assist with the link between the two.
HC: Good morning. Thank you for the question and you can share this audio in your group, you have my permission.
President Ramophosa has been at the forefront of saying incorrectly that the economic crisis in Zimbabwe has been caused by sanctions, which is not true.
The video that you are referencing, is meant to show that the economic crisis in Zimbabwe
started way before sanctions were imposed by western countries.
The economic crisis was authored by looting of public funds by ZANU PF elites and their business surrogates and the plunder of the country’s natural resources.
That video shows president Mnangagwa when he was Finance Minister in 1996, speaking at an event in Washington explaining how public funds have been looted.
So my point is that the president of South Africa, Cyril Ramaphosa shouldn’t be going around
misleading unsuspecting audiences, by saying that the economic crisis in Zimbabwe is being
caused by sanctions.
So for instance, president Ramaphosa talks about the social services pressures that are exerted by Zimbabweans coming into South Africa to use things like public services like health care. And all hospitals in Zimbabwe, all central hospitals in Zimbabwe, five of them, they only require 50 million to run without any shortages and that will make sure that Zimbabweans don’t have to cross the border into South Africa to seek public services that are provided through hospitals but these hospitals in Zimbabwe don’t have paracetamol.
The biggest hospital in Zimbabwe, Sally Mugabe hospital does not even have paracetamol, it
doesn’t have basic things like bandages and 50 million is only, that’s all we need to run our
central hospitals, but it’s not being availed to these central hospitals.
Now, ZANU PF by its own admission, says that 150 million USD worth of gold is being smuggled by ZANU PF elites and their surrogates every month. Which means what they steal in one month can run our central hospitals for 3 years.
That is the point that I making that president Ramaphosa is misleading unsuspecting audiences by saying that the crisis in Zimbabwe which is over spilling into South Africa, is being caused by sanctions, it’s not true it’s caused by sanctions. It’s caused by mis-governance. Thank you.
TM: Thank you very much Mr. Chin’ono.
This is very helpful and I believe we can build a shared understanding of only when we engage.
I will share your insights in my circles and beyond.
A number of questions emerge from your audio. By surrogates and having had the benefit to watch the video, who would be the surrogates and especially having regard to the fact that Minister Mnangagwa (as he were then), was speaking to a different subject matter involving empowerment and the role of government in financing it.
I could be wrong, but it is self-evident that he was talking about government programs whose
execution resulted in financial support being diverted to personal use.
Your response to the above would greatly assist.
HC: Surrogates were people like Mutumwa Mawere who was his front until they fell out.
Today surrogates refers to people like Kuda Tagwirei who has been a front for State looting
using his myriad of companies.

Here Mr. Chin’ono identifies Mr. Mawere as Mnangagwa’s front until they allegedly fell out.

This narrative is similar to the one peddled by Chin’ono’s friend and President Mnangagwa’s confidante and lawyer, Mr. Edwin Manikai as follows:

The message above was authored by Mr. Manikai on 27 March 2021 and was addressed to Mr. Fred Mutanda. The version peddled by Mr. Chin’ono is the same as Manikai’s version.
Mr. Manikai in the middle with Mr. Hopewell Chin’ono
Mr. Manikai in the picture with the visiting American delegation of Senators to Zimbabwe and his wife and Hon. Mliswa, Manikai’s best friend.
The SMM heist gang who authored and executed the divestment and deprivation of the control of 26 companies employing 20,000 people in 2004 using public power described as the precursor to the coup of November 2017 that was orchestrated by the same gang against Mugabe after successfully prosecuting the coup against SMM and related entities.

TM: Thank you for the honest response and obviously when I watched the video, I could not make the link between Mutumwa Mawere and the looting.
Perhaps you can share evidence supporting the allegation of surrogacy and the corruption
therefore in, so that I can afford both president Mnangagwa and Mawere to give their own
account of the precise nature of the alleged link between public power and private benefit.
Unfortunately, the video’s content does not establish the causal link which is vital in determining any dispute in an Independent and impartial manner.
HC: I didn’t say Mutumwa was corrupt.
I said that there were public funds that were doled out which amounted to looting.
You are misinterpreting what I said.
The video has nothing to do with Mutumwa being corrupt, it was meant to illustrate how public funds were looted way before sanctions.

Hopewell denies what he said before and claims the video that he intentionally and constructively shared to demonstrate the origins of Mnangagwa’s corruption had nothing to with Mawere being party to the looting of public funds.

TM: Thank you for clarifying and I am intrigued by your response.
You have asserted as true and fact that Mawere was Mnangagwa front and this aspect is not
evident in the video, suggesting that evidence exists that the alleged fronting you are talking
about, is supported by concrete evidence which is required in any bona fide process, seeking to hold people accountable for their conduct or misconduct. I would be grateful if you can identify in precise terms what Mawere front for Mnangagwa.

Mr. Chin’ono on SABC repeating the narrative of corruption as the cause of the Zim crisis.

Advocate Jack Matiza who was incensed by Mr. Chin’ono’s utterances remarked asked: “How can he be held responsible and accountable for social media post that damage another person reputation? My take is Hopewell is also guilty of selective amnesia he is accusing Ramaphosa of when it comes to sanctions, by stating that Mutumwa Mawere was an front of ED without providing any proof to that. Our self acclaimed award winning journalist and human right defender…ought to know that he who alleges must prove, is he not using or abusing social media or public media platforms to make unfounded statements without allowing the accused an opportunity to air their side of the story is itself an abuse of that person’s basic human rights?
To which Mr. Mawere responded as follows: “What if there exists no shared understanding on what are the obligations and rights of citizenship? What Hopewell could be saying is that information that he may possess is true and fact unless proved otherwise because he holds a privileged position in society as a journalist. In this case, affinity politics would compel him to conclude that because I shared the same platform with the current President of Zimbabwe this reality confirms a generally corrupt relationship. You can imagine what the true import of state capture and the legal consequences arising for its existence.”
Advocate Matiza by stating as follows: “There is certainly need to actively contribute to development of such shared understanding and common standards.”
Mr. Mawere commended as follows: “If asked to explain why the conversation is intriguing, what would be your response?

Mr Chin’ono genuinely believes that CORRUPTION is the elephant in the room.

He hold the view that he occupies a special and exceptional position in relation to the affairs of Zimbabwe.

He has a view on the 1996 video.”

When asked by Mr. Mawere, what identified questions arise from the hypocrisy inherent in Mr. Chin’ono’s open attack against Mawere and when confronted by Mr. Manikai, he quickly denied what he had stated as true and fact, Advocate Matiza responded as follows:

1. Abuse of the profession of journalism by an acclaimed journalist who has no respect for the truth in his narratives.

2.How should one define a human rights defender especially having exposed Mr. Chin’ono’s embarrassing performance by first alleging that Mnangagwa was using Mawere as a front only to backtrack and deny his own bold assertions.


3.In the face of hypocrites masquerading as award-winning journalists, what should be the best response to deal with divisive characters who have captured the profession and are using it as a weapon to advance their ulterior motives?

4. Section 2 of the Constitution of Zimbabwe imposes a binding obligation on every person to ensure that the rule of law is promoted, protected and upheld and in this case, what should be done by ordinary citizens to ensure that people like Mr. Chin’ono are accountable for their conduct which is inimical to the rule of law?

5. Does a person like Mr. Chin’ono know that he is also subject to the constitution and possesses no title or authority to maliciously defame other people. How best can he be held accountable for his reckless and dangerous assertions he makes under the cover that he is a journalist par excellence?

6. Does his conduct based on Mpasiri’s excellent interrogation not fall within conduct that is inconsistent with the constitution of Zimbabwe?

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Please take notice of this announcement by ZIMRA

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