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BOAF NEWS – CORPORATE HERITAGE UNPACKED – RUTENDO MATINYAYARE EXPOSED

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The post-colonial history of Zimbabwe, although 43 years old, contains so many distortions to expose the illiteracy that informs its corrosive narratives.

Although Hopewell Chin’ono and Rutendo Matinyarare may not agree on my things, their interpretation of the import from this video of 1996 when the then Minister of Justice, the incumbent President of Zimbabwe, H.E. Mnangagwa, attended a gathering of non-resident Zimbabweans (NRZs) in December 1997 that was hosted and financed by Mr. Mutumwa Mawere, a resident of South Africa at the time who in March 1996 had through his British Virgin Island registered investment holding company, Africa Resources Limited (ARL) had acquired the entire issued share capital of a UK registered sole parent of SMM Holdings Private Limited (SMM), a Zimbabwean registered company pursuant to a commercial Sale and Purchase Agreement.

Among the people who attended and participated at the event whose aim was to provoke, ignite, and inspire the NRZ like Non-resident Indians to pool resources to invest in their countries of birth, included Dr. Arikana Chihombori, the late Stan Mtangi, Dr Michael Paul, Godfrey Gomwe who was the Chairman of SMM.

The video below has been weaponized by both Hopewell, a journalist, and Rutendo, a propagandist trying to win awards in his yet to be defined craft, to provide evidence in support of their respective worldviews on alleged self-serving problem statements.

Hopewell’s narrative is that Mnangagwa is the CHIEF LOOTER OR PRESIDENT OF LOOTING and that this video confirms that the looting enterprise prosecuted by Mnangagwa using surrogates started in 199.

He alleged that the video and Mnangagwa’s untested assertions to the fact that public funds were allegedly looted by indigenous Zimbabwean business actors using the agency of vehicles like the IBDC and AAG as a confirmation that looting was the reality.

Although President Mnangagwa did not name the alleged beneficiaries, opportunists on both sides of the problem statement has sought to use the utterances to advance their own arguments.

In this article, an attempt is made to put a spotlight on Rutendo’s take on this video regarding his narrative devoid of any evidence that the government of Zimbabwe or public power was the cause and sole reason for ths post-Rhodesia black corporate experiences.

Set out below is what Rutendo wrote in aupport of his hypothesis:

“This video is proof that as I said, the Zimbabwean government deliberately and actively invested in creating black millionaires in the 1990s, by investing taxpayers money into the businesses of many of today’s black millionaires and billionaires of Zimbabwe.”

In asserting the above, Rutendo’s argument is that a causal link exists between the existence and operation of a deliberate policy to create black millionaires using public funds in the 1990s and the aversions made in the above video by President Mnangagwa.

Common sense logic and reason that must necessarily be fact-based would inform that a law to purportedly promote and protect so-called indigenous persons was only enacted in 2007 and as such there was no legal framework to deliver what Rutendo imagines was an outcome to inform his diatribe on matters that fall outside his personal knowledge and factual matrix.

In the 1990s, no facts exist of the purported policy and no record exists of Parliament the organ of state responsible for allocating public funds, being used to dish out the purported funds.

ITo the extent that it is Rutendo who alleges that public funds were deployed in this alleged project, he suffers the burden to prove his allegation.

It is not in dispute that public funds are public property and as such records should exist to support the bold allegation that the cause of blacks becoming millionaires was premised on some discretionary use of public funds involving Mnangagwa as a principal.

It can be noted above that Rutendo oblivious of his duties to tell the truth, he squanders the opportunity to speak to data that must and ought to be in existence.

He then naturally leaves the reader in a place where the unmistakable conclusion is that Mnangagwa is a certified corrupt and mafia-type operator with surrogates like Mawere, the alleged predecessor of Tagwireyi per Hopewell narrative.

Riutendo then further asserts as set out below:

“At that time, Strive Masiyiwa was the Secretary General of IBDC and as you can hear, the Minister of Justice saying, most of our black millionaires were part of organizations that were given money to build their businesses by the Zimbabwean government (over $1.2bil when the video between 1989 and 2000 was made).”

Even an infant would know that Mnangagwa could not have been referring to Strive Masiyiwa whose journey to capitalization is a subject matter that led to litigation in South Africa in which Rutendo was cited as a Respondent in the matter in which Strive complained that the allegation that the Econet was fraudulently conceived and prosecuted constituted defamation against not only.Strive but companies as follows:

TAKE NOTICE THAT RUTENDO IS THE FIRST RESPONDENT

The absurdity of the aversions made by the same Rutendo who was sued by Strive and Others is that this litigation would not have been necessary if he respected the truth and the rule of law.

If the version of the existence of a public policy to lift indigenous people up, then why did Rutendo simultaneously allege patronage as linked to Econet when the fraud allegations relate to a listing through which funds were raised?

With no shame at all, Rutendo then as if he is a sangoma, went on to allege as follows:

“They were given this money to build black businesses so that they could reinvest and transform the Zimbabwean economy and so that in future they become the investors, funders, bankers, innovators and industrialists of the economy.”

It is important that Rutendo be challenged to provide proof that public funds were used as alleged.

It is instructive that having created a fraudulemt and self-serving nareative of patronage in relation to black persons, Rutendo has the aidacity to ask these rhetorical and provocative questions:

“Have these people played their part in building Zimbabwe? Have they created new black millionaires and have they industrialized?’

With respect to the allegation that the invented beneficiaries of a nullity or no credit, it would be self-evident that if public funds were used as alleged by Rutendo, then surely a paper trail should exist showing the relationship between government as a creditor or presumed financial blesser.

There is no reference to any documentary evidence supporting the alleged contractual nexus between the government and the purported beneciaries.

If a creditor to debtor relationship existed between the government and alleged debtors existed as a matter of fact, then Rutendo is alleging corruption yet would not dare invoke s2 of the Constitution in terms of s2 and/or s167 seeking the court to determine if the impugned conduct is consistent with the constitution.

In terms of the Constitution of Zimbabwe, no one is above the law.

Mr. Brian Musekiwa, a member of the BOAF CORPORATE HERITAGE AWARENESS CAMPAIGN, an intitiative provoked by Mr. Mucha Mugota, said:

“With respect to the affairs of SMMH’s acquisition in the UK, the parent of SMM, I am glad that for my MBA dissertation I chose SMM’s affairs as my subject of inquiry and when I read versions peddled by not only Rutendo but by people like Hopewell, my proposition is that the task of exposing gossip mongers should be inclusive and community-centric.

I share below, letters exposing how the SMM acquisition started and executed.

What is striking is that there is no reference of Mnangagwa or any political actor in the cockpit.

UNSOLICITATED APPROACH V MNANGAGWA DRIVEN ONE

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PRESIDENT RAMAPHOSA TO ADDRESS NATIONAL CONFERENCE ON THE CONSTITUTION

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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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WHOSE MINERALS ARE THEY ANYWAY?

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COCA COLA V CHINAMASA – WAS IT EXTORTION OR A BRIBE

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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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