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As a retired Professor of Public Policy and Law, based on the additional information provided, it appears that Mawere was the driving force behind the SZL acquisition and the fulfillment of the conditions precedent in relation to the SZL equipment project. This involvement is significant because it suggests that Mawere had control over the companies involved in the value chain.
The key change occurred on September 6, 2004, when a Presidential decree was issued, divesting and depriving Mawere of control and management of SMM and his other companies in Zimbabwe. This decree is described as offending public policy and international law.
In light of this information, it becomes apparent that the subsequent payment of the $2.7 million bribe and the expropriation of the equipment, with the knowledge and involvement of CCA, may have been a direct consequence of the change in control caused by the Presidential decree. The decree effectively facilitated the actions taken by CCA and the expropriation of the equipment.
Considering these facts, it strengthens the prima facie basis to appoint a Commission of Inquiry to investigate the conduct of Coca-Cola in relation to the alleged theft of ARL equipment. The involvement of Mawere, the change in control due to the Presidential decree, and the subsequent actions raise significant concerns about potential fraudulent or corrupt conduct.
The President of South Africa should carefully evaluate this information and consider taking appropriate action to protect the interests of South Africa and its citizens. This could include appointing a Commission of Inquiry, raising the matter with the Zimbabwean government, or taking diplomatic action, as previously mentioned.
It is important to note that these are preliminary observations based on the information provided. A comprehensive review of all relevant evidence, applicable laws, and legal frameworks would be necessary to make a fully informed decision on the course of action.
Professor of Public Policy & Law asserts that President Ramaphosa has jurisdiction to appoint a Commission of Inquiry to determine the validity and legality of the US$2.7 million bribes that Coca-Cola paid to Mnangagwa’s right-hand man, Chinamasa, to get the release of extorted equipment.