Mr. Ridout Chairuka urges the UK government to act, as Justice Makarau is exposed

Mr. Ridout Chairuka, a Zimbabwean-born Australian national, and a member of the Justice Under Rule of Law has written a letter to Lord St. John of Bletso, highlighting a possible race issue in relation to a landmark judgment that was granted by Justice Makarau who is a Judge of the Constitutional Court of Zimbabwe (CCZ).

As background, a UK registered company, THZ Holdings Limited (THZH), the sole shareholder of Endurite Properties Private Limited (Endurite), a company registered in Zimbabwe was divested of its entire shareholding in Endurite, a company that was a shareholder of Zimre Holdings Limited (ZHL), a company listed on the Zimbabwe Stock Exchange (ZSE).

This dispute occurred in March 2005 as follows:

The first paragraph of the judgment is telling in that although there was no legal nexus between SMM Holdings Private Limited (SMM), Makarau JCC recognized and enforced the authority of an Administrator appointed in relation to SMM to control and direct the affairs of THZH, a company that was registered and operating in terms of the laws of the UK.

Mr. Chairuka said: “However, one looks at the facts, it cannot be disputed that Makarau JCC recognized the extraterritorial application of a Zimbabwean law that allows non-judicial officers like Gwaradzimba to issue orders whose effect was to divest shareholders and directors of companies without the involvement of the courts.

This is like going to a bank with a promissory note only to be told inside that bank that the note could not be honored because of insufficient funds.

In this case, THZH went to the bank seeking justice but was told by a sitting judge that justice was absent and a pedestrian was recognized to rob the account holder with the judge’s support.

It is the British link that concerns me and more significantly the silence of the UK government on this important property rights matter.”

This is what Makarau JCC stated in the first paragraph of her judgment:

Mr. Mupasiri, Director of Public Policy of JUROL, stated: “It is unfathomable how on earth an independent and impartial judge can tolerate the application of a Zimbabwean statute or decree in relation to a foreign company.

The mere fact that a love letter in form of a published notice in the Zimbabwean press was recognized as binding to make THZH subject to the control and administration of a Zimbabwean Administrator is chilling and problematic to me.

An application is pending before the Constitutional Court of Zimbabwe (CCZ) for the recusal of Makarau JJ from hearing an application for leave to intervene in my constitutional application under Case Number 34/21 that seeks to impeach the President from upholding his constitutional duties to ensure that a taint like this on the integrity of judges will never happen again.

Any independent and impartial President when confronted with concrete evidence that a Judge intentionally and knowingly recognized and enforced an order issued outside the four corners of the Court will be compelled to act not only against the impugned judge but all the persons who directly and indirectly committed this landmark hijack of a private foreign company inside the court.

What is more telling and alarming is that Makarau knew that THZH is a foreign company as set out below: