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Shau Mudekunye (Photo credit: Facebook)

[1/30, 3:24 PM] Shau Mudekunye: Hi babamnini, where is this thread by Colleta? I would like to read it so I have context. 

The snippets that I read when I can call me to think that I should also one day sit with you and hear exactly what happened to all the businesses. In my 37 years I have always thought of these topics as ‘hands-off’, not for nothing more than I took a stance to leave it alone, semwana wenyu. Which, in hindsight is contrary to my own nature as Shau. Because knowing the truth always gives me better understanding for my stances. It’s most interesting to me that I read about it, and have heard many opinions, but have never sought understanding from you directly, even though I have direct access. I would also like to hear your story as told by you… Not by opinion pieces or the news or in rooms where people talk freely without knowledge that I am your relative.

Speaking from a point of lack of understanding, is a dangerous thing, and an unfortunate reality of our social media driven world. I say this even as a social media practitioner myself. I will also say that I myself should seek the understanding from the knowledge you hold.

[1/31, 12:19 PM] mdmawere1: Hello

[1/31, 12:29 PM] mdmawere1: Thanks for this perspective. Imagine I had to tell the story to you and thereafter to all who would say that I only choose to tell the truth to relatives. I am sure you aware that a public law exists and was used in relation to the affairs of SMM Holdings Private Limited (SMM). This happened in September 2004 when an extrajudicial order was issued and prosecuted against SMM under the guise of reconstruction. It is now 19 years later but the reality is that absent the use of public power, which power when properly construed constitutes public trust and consequently PUBLIC PROPERTY, that must be subjected to public scrutiny and citizen vigilance. In the premises, Mr. Mr. Mucha Mugore, proposed that I write a memoir using God’s time and my memory to write this. It is this proposal that sparked the chat with Colleta and her sentiments that as a niece I must practice some tribalism or nepotism for her benefit without understanding the time is the currency of life and must, therefore, be used to solve problems of the present. I proposed that we use a prepayment approach whereby people who think it is a good idea, pay R150 per copy and the funds will then be used to pay the service providers to make it happen. He obviously refused, failed and neglected to give up R150 or $8 to lead the campaign to interrogate the facts as they exist lest she would be identified and labelled my surrogate if I took your advice of privatizing the story.

[01/31, 14:23] Mutumwa Mawere: [1/31, 1:27 PM] Shau Mudekunye: Hi Uncle Mutumwa! I tried to read everything yesterday but have still not managed to go through it all. To respond to this latest message, I think the idea of pre-funding a book is a great idea, especially for those who would want to read it. A cheaper idea may be to capture it all on camera and distribute it through a subscription service. I am not at all suggesting that you tell only me, on the contrary, I would love for you to control your own narrative – I believe that is our basic right, to tell our own stories. It is dangerous to have your story told by someone else – or a hoard of other people who only come at it from their own understanding and perspective, and perhaps even with their own motives. We all need to be part and parcel of telling our own events.

I don’t think it is really about nepotism, but more to say if we, your nieces, cannot tell the version of events from our own uncle, we may have lost the plot a little bit. I say this because I still believe that your family can be your first ally, but also your most ardent supporter (not that we need to enlist blindly, but as a good to have).As you have seen in the last few weeks with Kudzai and Themba. His dragging my brother’s name through the mud has made me even more vigilant with taking the matter of care of my own family to heart. It is also what likely spurred my own confession to you that much as we are family, I have yet to hear this story from the horse’s mouth. Not so I can defend or judge, but so that I can be a better ally and supporter to my family because I can come from a place of understanding. Understanding is key, and lack of understanding leads to endless disputes. 

Uncle, I can write, I can film, I can produce, I can figure out subscription platforms for you to tell your story – I am financially unable to do much at this moment, but your brother and sister sent me to school to hone my skills and I will gladly lend them to a cause that I believe in. While I appreciate public records, I will still sit at a table and gladly listen to your story directly from you.

[1/31, 2:11 PM] mdmawere1: Thanks for the detailed response. I shall respond point by point so that we can use this chat as a literacy campaign since this platform approach that is user driven may not have a precedent to rely upon.

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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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