“The causal link between prosperity and the rule of law protection and protection may appear elusive but is real,” boldly asserts Mr. Tanhira Peter Makoni, a lawyer and BOAF and the Justice Under Rule of Law (JUROL) initiatives aimed at reshaping the character and personality of the Africa characterized by the supremacy of the constitution as a founding value.

Mr. Makoni is based in Port Elizabeth, South Africa, and is one of the 10,000 Points of Light (POL) as a shinning star in raising awareness that absent the rule of law, the relationship between the triple challenges of poverty, unemployment and inequality, and the majority of Africans will continue unabated.

“I joined BOAF as a paid-up member simply because I believe that if I fail to step up to the plate where ideas, knowledge, insights and experiences are openly shared in the hope that citizens are provoked, inspired and ignited to fulfill the obligations to promote, protect, and uphold the rule of law by holding public office bearers to account for the exercise of public power, there would be no one left to blame for the outcome of corruption that is inevitable and predictable,” says Mr. Makoni.

“The rule of law doesn’t self-create and self-protect, the duty of care is imposed on every person including juristic persons.

I have followed with interest over the years how political thugerism has happened in Zimbabwe, the country of my birth.

When I was growing up and my decision to be a lawyer was inspired by lawyers like Selby Hwacha, Canaan Dube and Edwin Manikai, the founders of DMH Attorneys, one the leading law firms in Zimbabwe.

I was also inspired that a businessman like Mr. Mutumwa Mawere was a critical POL in giving life to the idea of this law firm life and support.

As a member of BOAF LEGAL LITERACY initiative, I was shocked to learn and confirm in court documents that the firm that Mawere helped to give life to was and is playing a key role in the project represents the most diabolocal and satanic attack on the rule of law.

It is not in dispute that without the involvement of the courts, Chinamasa, one of the Mugabe removal architects with the legal advice provided by Manikai, issued a reconstruction order in relation to all companies deemed to be under the control and influence of Mawere resulting in all the 26 legal entities employing 20,000 people being control and managed by an Administrator, a former war veteran and Chartered Accountant, Afaras Gwaradzimba, who used yo do books for some of the SMM-linked companies after leaving KPMG where he was a Partner in charge of SMM affairs.

I have had an opportunity under BOAF literacy program to read and fully acquaint myself with the facts and circumstances in which a law was invented using state of emergency powers reserved for emergency situations solely for the purpose of divesting and depriving Mawere-linked companies of the protection of the law and to benefit from the protection to prevent public power from being used to substitute shareholder right and freedom to appoint and dismiss directors who in terms of the Companies Act, a law of general application, for Chinamasa, in his capacity as Minister of Justice, who then dismissed the lawful directors of the targeted companies with no regard to the provisions of the Constitution and the Companies Act on the basis that the companies were determined solely by him to have been state-indebted and insolvent with no involvement of the courts and parliament.

What has outraged me and would outrage anyone clothed with common sense, logic and reason is the affair of Mawere’s personal house that has been reported in the media and is a subject of a criminal complaint lodged with the Zimbabwe Anti-Corruption Commission in March 2021.

A docket apparently was opened and investigations were done resulting in the matter being referred to the NPA on the basis that SMM under Gwaradzimba’s control, although there existed no lawful authority, to permit this creature to have any nexus with the house, was exempt from being held to account for the corrupt and unconstitutional hijack of the house for 17 solid years.

It is chilling that when Gwaradzimba was contacted by Mawere directly via whatsapp this is what he had to say:

“[3/9/2021, 4:20 PM] mdmawere1: Good afternoon. It is Mutumwa Mawere. Please urgently advise on whether you have any information about my house in Mount Pleasant.
[3/9/2021, 4:24 PM] Gwaradzimba: It’s great hearing from you Sekuru. I do not have information, but I will immediately find out and advise.
[3/9/2021, 4:27 PM] mdmawere1: Thanks and much appreciated.
[3/9/2021, 4:28 PM] mdmawere1: It looks like someone is staying there.
[3/9/2021, 4:33 PM] Gwaradzimba: Afternoon once more. I have established that the house has always been leased out. SMM are paying the rates and receiving the rentals. However, SMM does not have the title deeds, neither do they know as to who the house is registered under. That’s the information I have right now.
[3/9/2021, 4:34 PM] mdmawere1: Thanks. I have the title deeds.
[3/9/2021, 4:35 PM] mdmawere1: It is registered under my name. Thanks.
[3/9/2021, 4:35 PM] Gwaradzimba: And they’re in your name?
[3/9/2021, 4:35 PM] mdmawere1: Yes.
[3/9/2021, 4:36 PM] Gwaradzimba: Then I have told the management that, in that case, the rentals less the rates must be for your benefit.
[3/9/2021, 4:37 PM] mdmawere1: Thanks. Much appreciated. You can get the records from your end. You may recall that ZRP – Mangoma filed an affidavit to this end in the specification matter regarding the house.
[3/9/2021, 4:41 PM] Gwaradzimba: I don’t have to check anything, but will take your word for what it’s worth. I will instruct SMM to separate all the rent; put it in a Trust account; and charge rates, any maintenance and management fees, and the net will be for your account.
[3/9/2021, 4:43 PM] mdmawere1: I have someone who needs to use the house. It would help to know the accrued rentals.
[3/9/2021, 4:49 PM] Gwaradzimba: That’s in order, but, obviously, the current tenant would need to be given at least three (3) months notice to look for alternative accommodation.
[3/9/2021, 4:50 PM] Gwaradzimba: Good afternoon. I am advised by Mr. Mutumwa Mawere himself, that he holds the title deeds for the Mt. Pleasant house, and the Deeds are in his name. I will ask him to send me a copy of the deeds.

I there kind ask that you create a Trust Account under SMM, transfer all the rentals that have been received from the lease of the house, into that Trust Account and then charge against the account, all expenses paid by SMM in respect of the house, including management fees payable in accordance with the Estate Agents Act.

Tell me once all this will have been done.
[3/9/2021, 4:51 PM] mdmawere1: Thanks. Much appreciated. Can I request him to get in touch with you to coordinate?
[3/9/2021, 4:51 PM] Gwaradzimba: This is what I have said to SMM management.
[3/9/2021, 4:51 PM] mdmawere1: All in order.
[3/9/2021, 4:52 PM] mdmawere1: Thanks. Much appreciated. Will do.
[3/9/2021, 4:52 PM] Gwaradzimba: No problem at all. I consider it that you will be directly managing the property in this case?
[3/9/2021, 4:53 PM] mdmawere1: We can see what makes more sense. I have no idea what the real situation is.
[3/9/2021, 4:56 PM] Gwaradzimba: That’s in order. I will advise of the balance after hearing from SMM management.
[3/9/2021, 4:59 PM] mdmawere1: Great. Much appreciated.
[3/9/2021, 5:03 PM] Gwaradzimba: Ndizvoi VaSekuru, it will be done.”

After reading the above, if one does not get angry with the attitude of a person who is a CA and a public office holder, then the end of civilization and professionalism is near.

The fact that he is an Administrator of assets involving the rights and freedoms of his purported uncle directly send a red flag that public power was used to settle private or family disputes.

If Chinamasa knowingly made the appointment of muzukuru to administer a corrupt scheme using public power, then Chinamasa’s conduct must be tested in relation to this unconscionable precedent.

The conduct of Gwaradzimba in accepting the mandate and shockingly prosecuting it without the ire of the body that regulates the CA profession speaks volumes on the broken system that is operating in Zimbabwe.

After 19 years of pretending to be an administrator using public power, I can now understand why people have reason to be worried about the future.

If Gwaradzimba could get away with this egregious conduct because of his proximity to President Mnangagwa and July Moyo, then my decision to leave Zimbabwe has been vindicated.

The above chat is now 2 years old and it is shocking that Gwaradzimba is a free man and a reputable real estate company like, Knight Frank Zimbabwe was complicit in this corruption scandal.

II am inspired by Mr. Joshua Ziyambi, another diasporian for steppong up to the binding obligations imposed by s2 of the Constitution. to give life to the promise of citizen protection of the constitution by firstly approaching Mr. Gwaradzimba whose right to be related to SMM and related companies was acquired by an act of law.

However, his relationship with Mawere’s house fell outside his mandate and was ultra vires the law to allow ZACC officials to expose the institution as the mother of all cover up,” asserted Mr. Makoni.