Unraveling Legal Intricacies: Implications of the NOM on Mnangagwa and Ramaphosa

A recent Notice of Motion (NOM) filed by Zimbabwean businessman Mutumwa Mawere in the South African High Court (Gauteng Division, Johannesburg) has ignited a legal firestorm with significant implications for both Zimbabwean President Emmerson Mnangagwa and South African President Cyril Ramaphosa. The NOM delves into critical issues concerning corporate rights, adherence to constitutional principles, and the responsibility of governments to be held accountable.

At the core of the dispute lies the Reconstruction Act, a Zimbabwean law that stripped shareholders of SMM Holdings Private Limited (SMM) and other entities of their ownership rights. Mawere’s NOM seeks court pronouncements and impeachment proceedings against President Ramaphosa for alleged violations of the South African Constitution.

The legal battle extends beyond national borders, intertwining with broader geopolitical issues. The Maginskty anti-corruption sanctions cast a shadow over the situation. Critics point to President Ramaphosa’s stance on the International Court of Justice (ICJ) regarding these sanctions, accusing him of hypocrisy. They argue that his support for President Mnangagwa contradicts his supposed commitment to fighting corruption.

Further complicating the situation are recent revelations implicating the Coca-Cola Company in a US$2.7 million bribery scandal. The alleged scheme involved a post-September 6, 2004, bribe paid to an associate of President Mnangagwa in exchange for confiscated equipment belonging to Mawere’s South African company, Petter Trading Pty Limited. The equipment’s confiscation reportedly occurred at the behest of President Mnangagwa, who has even boasted about his role in expropriating Mawere’s assets without any compensation.

President Mnangagwa has defended his actions, citing past court rulings that supposedly uphold the Reconstruction Act’s constitutionality. However, this justification is countered by Mawere’s ongoing legal battles challenging these very rulings. This clash highlights the multifaceted nature of the legal dispute and its far-reaching consequences.

As the legal proceedings move forward, the public awaits how the courts will navigate these intricate issues within the framework of law, justice, and governmental accountability. The NOM’s implications extend far beyond the courtroom, sparking broader conversations about transparency, ethical corporate governance, and upholding the rule of law in Southern Africa.

Follow the Link for the NOM: https://heyzine.com/flip-book/d7f47ea96f.html.

COURT ONLINE COVER PAGE

IN THE HIGH COURT OF SOUTH AFRICA

Gauteng Local Division, Johannesburg

CASE NO: 2023-123899

In the matter between:

Mutumwa Dziva Mawere                                   Plaintiff / Applicant / Appellant and

Master Of The High Court Of South Africa

Defendant / Respondent

Notice (Other)

NOTE:       This document was filed electronically by the Registrar on 14/4/2024   at 4:52:51 PM South African Standard Time (SAST). The time and date the document was filed by the party is presented on the header of each page of this document.

ELECTRONICALLY SIGNED BY:

Registrar of High Court , Gauteng Local Division,Johannesburg

IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, JOHANNESBURG)

Case Number: 2023-123899

MUTUMWA MAWERE                                                                                      APPLICANT

AND

PRESIDENT OF SOUTH AFRICA                                                              RESPONDENT IN RE:

MUTUMWA DZIVA MAWERE                                                                           APPLICANT

AND

PRESIDENT OF SOUTH AFRICA                                                      1ST RESPONDENT

MASTER OF THE HIGH COURT OF SOUTH AFRICA                   2ND RESPONDENT

SMM HOLDINGS PRIVATE LIMITED

(UNDER RECONSTRUCTION)              INTERVENING PARTY/.3RD RESPONDENT

IN RE:

MUTUMWA MAWERE                                                                                        APPLICANT

AND

MASTER OF THE HIGH COURT OF SOUTH

AFRICA                                                                                                            RESPONDENT

SMM HOLDINGS (PRIVATE) LIMITED

UNDER RECONSTRUCTION                                  INTENDED INTERVENING PARTY IN RE:

CASE NUMBER: 040602/2016

SMM HOLDINGS (PRIVATE) LIMITED                                                                      Applicant

and

MUTUMWA DZIVA MAWERE                                                                                  Respondent

Notice of Motion of Applicant’s Application to Stay the contempt hearing, interdict and restraining, and seeking declaratory orders and other relief in terms of s. 172(1)(a) as read with s. 172(1)(b), and

s. 173 of the Constitution of South Africa

TAKE NOTICE THAT the Applicant intends to bring an interlocutory application on Monday, April 15, 2024, before this Honourable Court at the hearing of the contempt application set down for hearing, for an order in the following terms:

1. A declaratory order determining that the conduct of the Respondent, the President of the Republic of South Africa, Cyril Matamela Ramaphosa, in

relation to the assertion, recognition, and enforcement of rights and claims

founded on a reconstruction legislative framework whose effect was to divest and deprive shareholders of SMM Holdings Private Limited, SMM, a creature or organ of the government of Zimbabwe since September 6, 2004 when a reconstruction order was issued via a notice in the government of Zimbabwe.. of their rights and freedoms in relation to all juristic entities deemed to be under the control of the Applicant, and the vesting of the control and direction of the former companies including SMM, in an administratively appointed

Administrator, as an appointee of the Minister of Justice, Legal and

Parliamentary Affairs, a person with no fiduciary duty to the post-September 6, 2004 creatures of statute, as per s. 172(1)(a) of the Constitution of South

Africa, contravening Section 2 of the Constitution, which upholds the supremacy of the Constitution and mandates compliance with its provisions.

• A declaratory order directing the automatic initiation of impeachment proceedings against President Cyril Matamela Ramaphosa, in accordance

with Section 172(1)(b) of the Constitution, upon a finding of ultra vires conduct as specified in paragraph 1 above.

• An application for a stay of all proceedings in this matter pending the resolution of the interlocutory application.

• Interdicting and restraining the Respondent, President Cyril Matamela Ramaphosa, from participating in any process related to public office, including elections in 2024, until the final determination of the interlocutory application regarding the validity and legality of his conduct and consequently, suitability to hold any public office.

• Any further or alternative relief as this Honourable Court may deem fit.

AND TAKE NOTICE that the affidavit of the Applicant annexed hereto will be used in support of this application.

AND TAKE FURTHER NOTICE that if the Respondent intends opposing this application, they are required to:

1. Notify the Applicant in writing within 5 (five) days of receipt of this Notice.
   1. And within 15 (fifteen) days after receipt of the Notice of Intention to Oppose to file answering affidavits, if any; and further that the Respondent is required to appoint in such notification an address

referred to in Rule 6(5)(b) at which they will accept notice and service of all documents in these proceedings.

DATED at Sandton, on this April 14, 2024.

MUTUMWA MAWERE APPLICANT

62 Cambridge Road,

Bryanston, 2179

Email: [email protected]

TO:                 REGISTRAR OF THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION JOHANNESBURG

AND TO:       PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA

Union Buildings,

Government Avenue,

Pretoria Tel: 012 300 5200

Fax: 012 323 8246 Email: [email protected]