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Does a WhatsApp Group belong to its creator? Read and judge for yourselves

Caroline Du Plessis

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[12/25, 9:24 PM] +263 78 036 2308: Hallo sir, hope you’re well. I just joined your WhatsApp group.
[12/26, 6:42 AM] mdmawere1: Good morning. Merry Christmas and thanks for inboxing me to let me know that you joined a group created on the WHATSAPP platform that exists and should operate independent from me.

The fact that you chose to give up time to inform me of your choice to be part of this creature of a human being provides an opportunity to help improve literacy on what the proper identity of a grouping of human beings.

It is instructive that the quorum of a grouping even in relation to WhatsApp is 2.

Jesus also set the minimum number at 2 for him to be present.

It is often the case that no shared understanding exists on the relationship between a natural and juristic or association of persons.

My name is Mutumwa Mawere. A group called BOAF MEDIA PROJECT was created by a human being and only exists because it was born from the mind of human actor.

Absent an idea informing the creation and naming of a grouping, the group is dead.

Once created, the group’s personality becomes the sum of the personalities of the people added or who choose voluntarily to join and remain in it.

I take notice that your WhatsApp number is a Zimbabwean number but this does not mean that you are or should be a resident of the country but allow me to make a point that you and others who may read this exchange can choose to apply their minds which is ZANU-PF is not and should not be construed as the property of its incumbent President who must be a member like all before assuming an administrative position and the same logic must apply even in relation to CCC.

What then is a grouping? A party like CCC is and ought to be a vehicle that does not self-drive but that needs office bearers to give it motion like a driver who must have an idea where he or she wants to go and the car has no resistence or say on the journey and destination.

When one says I JUST JOINED YOUR WHATSAPP GROUP, it is important to pause and understand what informed this conclusion and the decision to inform me.

I have taken notice that you are in the group and it is opportune on this day after Christmas to open a broader conversation in the group on group v personal identity with a view to improve literacy on identity politics and the risk it poses in terms of provoking, inspiring and igniting organic and spontaneous active citizenship.

Some people are related to juristic entities in various capacities including as holders of shares íssued in the name of the company, directors who owe a fiduciary duty to the company, contractors often referred to as employees, customers etc yet it is not unusual for illiteracy to permit one to conclude and assert that I WORK FOR THE SO-CALLED OWNER who typically is a shareholder when the law does not provide for an owner but for a holder of shares in relation to the affairs of the company, that is the creature of law.

A shareholder is separate and distinct to the company that he or she may be related to by way of holding shares or script.

A similar analogy can be applied in relation to body corporates.

In the case of South Africa, ANC for instance is a member-based club created as an agent by living members to deliver a promise not to itself but to the members.

If the intention is to use it to bridge to the fiscus or public funds and decision making therein, then it cannot be correct to conclude that ANC is the government but rather than some of its members after voting or a coup will be eligible for employment or a relationship with public power.

When a member of the ANC assumes public office he or she acquires a position of public trust and so doing, he or she becomes public property and such is subject to public scrutiny and cannot escape accountability to the public by asserting that the party members have exonerated him or her.

This is my take and let us take this to the group so that ideas can battle each other through the agency of human actors.

The frequently asked questions WHAT IS THIS GROUP FOR could be killed when a shared understanding exists on what a circle of humans entails and how to avoid giving rights to a human creator of a dead grouping if it’s human constituents come to believe that a creator is the owner of such a construct.

You and me are equal and after the conversation in the group I sincerely hope that a shared understanding will follow in the interests of using such groupings to ventilate issues as principals and on a broader scale for the prescription enshrined and entrenched in s2 of the constitution of Zimbabwe to be upheld, obeyed, respected and defended.

S2(1) of this constitution is clear and unequivocal that the obligations imposed by this supreme law are binding on every PERSON – NATURAL AND JURISTIC meaning that a body corporate or a company being an association is treated as a PERSON and therefore it would be tragic to openly assert that a natural person like me is the owner of a group of voluntary actors when sovereignty prohibits this.

Let us create circles or BANKS and not circles with POPSTARS in them so that we can be eloquent in our silence from being the voices on what is in the minds.

No one can read another person’s mind and let us know each other as persons.

I hope you first response would be to identify yourself and who you are as I have no clue who you are yet responding to you is a testimony that the creator of time has caused me to give up time to talk to this issue because he thinks it could be one of the roadblocks to active citizenship.

When you vote, please know that you have a duty to protect your vote from the creators of WhatsApp groups called political parties.

Equally, when you work for a company, please take notice that you work for the BIGGER FOOL called a CUSTOMER that has to pay for solving his or her problem and the income so generated should be the source of your income and not the so-called owner of the company.

Let us celebrate civilization and its potency in bridging divided people who may not know that ignorance is the most potent weapon prosecute any forward leaning and inclusive initiative.

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