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Mawere v Mnangagwa Part 1

Caroline Du Plessis



It is encouraging that in as much a view is widely held that the Zimbabwean judiciary is captured that this view must be buttressed by proof that is irrefutable and cogent.

On this link is evidence that confirms the complicity of the Malaba-led apex court in aiding and abetting conduct by the sitting President i.e. Mnangagwa contemptuously, arrogantly, nakedly, and unaccountably with the knowledge and involvement of this court, and such conduct falling within the ambit of s. 2(1) as read with s. (2)(2), s. 90(1), s. 90(2)(c), and s. 167(2)(b) that provide that any:

  1. law,
  2. practice
  3. custom
  4. conduct, which is inconsistent with the constitution of Zimbabwe is invalid ab initio. In this matter, Mr. Edwin Manikai in his message to Mr. Frederick Mutanda, who was involved in the suit against the JSC and Malaba for tinkering with the constitution as fully explained on this link: https://www.thezimbabwean.co/2021/05/lawyers-war-veterans-sue-jsc-and-malaba-over-tinkering-with-constitution/.

Mutanda shared a message from Manikai on 21 March 2022 to the effect that the decision to persecute and prosecute Mawere using public power was made by Mnangagwa who according to Manikai had chosen to support the former Vice President of ZANU-PF and the government in relation to fill in the vacancy in ZANU-PF that was created by the death of the late Vice President, Simon Muzenda.

In revenge, Manikai asserted that he was forced to take sides with Mnangagwa and this explained Mnangagwa’s relationship with the demise of SMM.

This serious allegation caused participants in a WhatsApp group, Friends of Shabanie and Mashava Mines Trust, which Mutanda and Mawere were part of to be interested in the matter. The veracity of the allegations was not challenged in the group but what was obvious was that confidence in the judiciary to hear and determine the validity and legality of the conduct of a President like Mnangagwa, was just not there.

Many took the view that any legal challenge involving Mnangagwa would be ruled in his favor and as such it would be futile for anyone to test the serious, scandalous, and chilling allegations against Mnangagwa by his legal advisor and confidante, Manikai.

Mr. Tichaona Mupasiri approached Mawere independently in his capacity as the spokesman of the Godfrey Tsenengamu-led Front for Economic Emancipation of Zimbabwe (FEEZ) seeking support for FEEZ and this led to a meeting of the minds of Mupasiri, Mawere, and Tsenegamu that the SMM saga could provide useful information in order to improve the rule of law climate based on facts rather than finger pointing and lamentations that people like PLO Lumumba are experts on.

Tsenengamu gave the green light for Mupasiri to investigate the serious allegations that linked Mnangagwa to conduct that is inimical to the rule of law.

Based on this, Mawere proposed to Mupasiri to join a group that was formed and inspired by Hon. Themba Mliswa together with Mr. Gift Siziba, (CCC) who was part of the YARD pressure group. It was Mliswa who knew Mawere and on their visit to SA as part of the YARD team, Mliswa had thought that Mawere was easy prey to extort donations.

Mawere instead proposed that in light of Mliswa’s distorted version in relation to the SMM saga and Mnangagwa, it was important to convert the parasitic approach of Mliswa into an institution-building one.

It is understood that Mliswa’s sole interest was to impress Mawere in order to get funding for YARD but Mawere challenged him to be an institution-builder and promote a cause that continue on his self-driven approach disguised as a public interest promoter and protector.

Mawere told Mupasiri his own experiences dealing with political actors like Mnangagwa and Mliswa and that he was not interested in wasting his time with members of FEEZ.

Mupasiri had no idea that the firm, Dube Manikai Hwacha (DMH) Attorneys, would not exist without Mawere being financially behind it yet after introducing Manikai to Mnangagwa, Manikai with the complicity of people like Hopewell Chin’ono and Mliswa has been Mnangagwa’s running dog and Gwaradzimba, another beneficiary of Mawere’s support in establishing AMG Global Chartered Accountants, to use public power to divest and deprive Mawere of the control and management of his companies i.e. 26 companies employing 20,000 and substituting Mawere with Mnangagwa’s cronies Gwaradzimba and Manikai.

Both the Law Society of Zimbabwe (LSZ) and the Institute of Chartered Accountants of Zimbabwe (ICAZ) since September 6, 2004, have known of the precedents created by so-called professionals who in relation to the Mawere-related affairs have openly, unconscionably, egregiously, and predatory conducted themselves simply by being in Mnangagwa’s political WhatsApp coup-centric group.

Mupasiri joined the FOSMM WhatsApp group on June 21, 2021, and was shocked to read conspiracy and speculative stories shared in the group until the launch of the Sybeth Musengezi challenge regarding the legality and validity of Mnangagwa’s coup and the role of the courts in sanitizing it as lawful and valid.

Mupasiri threatened to leave the group and Mawere challenged him to be the change using the information shared in the group including Manikai’s serious allegations that helped to link Chinamasa, Gwaradzimba, Manikai to the Mnangagwa practice, conduct, and practice of using statutory instruments to anticipate parliamentary law making duties as part of what can be described as Mnangagwa Law which no court can impeach notwithstanding the fact that the 2013 Constitution of Zimbabwe framers put a poison pill in the form of s. 167 of the Constitution giving exclusive jurisdiction to the apex court to hear and determine disputes regarding the conduct of a President.

In the group, a view was vigorously asserted that a President is immune from prosecution but s. 167 fortified Mupasiri’s decision to be the change with the support of Tsenengamu decided to be the bridge to a better Zimbabwe and test Mnangagwa’s fit for purpose and that Malaba is Mnangagwa’s weapon for escaping the weapon of s. 167 and naturally the impeachment weapon that was used to remove Mugabe because Mnangagwa has absolute control of the parliament including so-called MPs like Mliswa.

Appreciating that Mnangagwa is unaccountable, Mupsiri between August 2021 and November 8, 2021, was provoking the participants in the FOSMM group including Mr. Mutanda, a victim of public power abuses, to improve his confidence that was fortified by his approaches to prominent lawyers like Madhuku, Uriri, and others who wanted to be paid or saw my interest in the matter as a Mawere attempt at self-vindication.

At the end of the day, Mupasiri arrived at the inescapable conclusion that the constitution is like an orphan in Zimbabwe and even where common sense, logic, and reason would compel every person to live up to the prescription in s. 2(2) that provides as follows, it is impossible to hold a mischievous President to account for anything:

s. 2(2) The obligations imposed by this Constitution are binding on every person, natural
or juristic, including the State and all executive, legislative, and judicial institutions
and agencies of government at every level, and must be fulfilled by them.

It is against the above backdrop that Mupasiri stepped forward to the plate by launching this application on December 17, 2021, as set out in this link: https://heyzine.com/flip-book/48089f21cc.html and this was followed by Mawere’s application under Case Number CCZ 27/22 on this link: https://heyzine.com/flip-book/12e6e27f92.html.

I encourage every person to read and share this compelling story that needs to be known to determine the legality and validity of President Mnangagwa’s fitness to be a President of any constitutional republic.

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