The Rule of Law is a sine qua non for lifting Zim, says Mr. Brian Manyati

Mr Brian Manyati, a trustee of the Friends of Shabanie and Mashava Mines Trust (FOSMM), and a member of the Justice Under Rule of Law initiative said: “It is unmistakable that countries characterized by tyranny are generally poor than countries in which the rule of law is respected and observed.

Below is an extract of chats drawn from the FOSMM related WhatsApp groups that were compiled by Mr. Manyati.

[03/19, 22:35] Entrepreneurship vaMutumwa Mawere: https://soundcloud.com/mutumwa-mawere/public-trust-should-the-president-be-subject-to-public-scrutiny?utm_source=clipboard&utm_medium=text&utm_campaign=social_sharing

[03/20, 04:35] briantawandamanyati at African Development Associates: Though I got involved with this civic education and engagement and the construction and delivery of the current Constitutional court case application by Prof. Mupasiri behind the scenes with others of like minds in pursuit of the shaping up of public policy in Zimbabwe at FoSMM, from the year 2020 to date in my particular case, this address of corruption in a big way as early as this through the use of this Prof. Mupasiri constitutional court case/application is a solution to a big problem that answereth a long call in a big way, I personally never had seen it coming. Yet it is a very good thing indeed that we Zimbabweans on our own have had one instrumental approach as this with which to uproot deep-rooted corruption out of our treasured society. Something formidable towards addressing this evil of corruption is therefore unarguably happening and speaks well of us Zimbabwean collectively. More like the famed nothing for us without us calls to attending to challenges. To me it tops things up. I am happy other evils, in my view, such as economic sanctions, are already receiving solutive attention from within, talk of the signing of the Global Compensation Deal of former commercial farmers to the SADC trading bloc’s calls to have sanctions on Zimbabwe lifted and probably more. I agree that what had remained unattended directly yet an acknowledged evil is corruption. So thumbs up, let the current Prof. Mupasiri constitutional court case deal with uprooting the evil of corruption from right at the top, head on. It’s well worth it.

[03/20, 04:35] briantawandamanyati at African Development Associates: Thank you for the audio. To me as I have always shared out, economic sanctions and corruption are twin evils, both are forms of economic restrictions which indeed need uprooting in all the manner possible. Not any one thing among the two should remain and often times I have thought wanting corruption gone as of yesterday in Zimbabwe or any place is practicably too ambitious as in an ideal standard that is less practicable. Talk of corruption being an old age vice like prostitution, that does not go away easily. And only that it will take us time to have corruption uprooted than it can take us to have economic sanctions uprooted for being a simple lifting/repeal of an order or embargo or law/s gazetted foremost by countries such as USA and Britain or trading blocs such as EU. With economic sanctions it is a reversal of laws or orders and change of hostility/hostile talk, thawing down or out confrontation.

At the same time, though I am not in support of any form of restriction or imposition, I have also understood that the imposers of economic sanctions opine that lifting them up first, in their view, may then cause corruption occurrent in Zimbabwe to be without any mechanism with which it can be robustly addressed or tackled. Meaning, whilst I say economic sanctions and corruption are twin evils, they in their esteemed corner see one of the two namely addressing or dealing with corruption first standing as an aggressive enough solution to our economic challenges and in turn to having even economic sanctions lifted. I see and read their reasoning, not a problem too. But also I worry that if corruption does not get out of the way any time near, which is a view I hold that addressing it is a long term strategic issue, then use of their (economic sanctions imposers) conditional proposition to deal with corruption first shall potentially lock us up as Zimbabwe under restrictions and impositions for too long a time thus causing a huge disfavour to the ordinary people like me and others in the society.

Lastly, I am happier if the Constitutional Court case has also among other things or as a core point helped in attending to the issue of addressing corruption right from the top position that the President of Zimbabwe occupies. It means than my manner of thinking above, which I openly have kept, there are some better ways of getting things such as nipping ages old corruption in the bud as just as fast and removing obstacles that violate the future by sustaining such an evil. So to me anything that uproots corruption, if this Prof. Mupasiri constitutional court case be it, is well with me, just as I shall also be for anything that uproots or sees the burdensome economic sanctions lifted off us the ordinary people of Zimbabwe. I argue that economic sanctions are not an ideal solution to use to address corruption as both are evils that must leave us. So, seeing a solutive Constitutional court case attend among other things to addressing or seeking to uproot corruption right from the top, in the process of challenging the President of Zimbabwe’s conduct, is exactly the kind of solutions that may work flawlessly and no ordinary person is dragged into the equation to suffer for such salvation. An ordinary people like me only need to be well aware it is a plus end of day for me/them to have the Prof. Mupasiri and another v The President of Zimbabwe and Manikai Constitutional Court case sat at determined and judgement handed down without delay in the interests of upholding the rule of law in Zimbabwe in the best manner possible. If delivering the rule of law paces up the address and uprooting of a known evil namely corruption, it is a huge plus which I say let it be.

[03/20, 06:05] Adv SS: have we really taken time to appreciate what this thing we talk about losely like some Herculean force really entail ” Rule of Law”. one sitting here may begin to think this is some mighty force that is going to deliver the Mupasiri case in the manner expected by the applicant only 😅😅,,,

[03/20, 06:06] briantawandamanyati at African Development Associates: May you elaborate on your line of thought dear Advocate.

[03/20, 06:06] briantawandamanyati at African Development Associates: Good to have all angles coming up to the fore on a matter of paramount importance and obtaining in the time of our lives.

[03/20, 06:10] briantawandamanyati at African Development Associates: Personally, I have always viewed and continue to view “Rule of Law” as a good cause. I say let it be in all its possible facets, even happier today seeing it tackles the corruption challenge Zimbabwe has always had but needing uprooting, in the process.

[03/20, 06:12] briantawandamanyati at African Development Associates: And very very glad Rule of Law how we came is starting right from the very top drawer, with the Prof. Mupasiri constructional court case/application challenging the sitting President’s conduct. It’s a plus it is happening in the second republic and new dispensation.

[03/20, 06:16] Adv SS: its a very fluid quality with not one agreed defination such that like beauty it lies in the eyes of the beholder,,so i think its very very dangerous for anyone to bet confidently that Rule of Law means what they think it is …even the most oppressive regimes would tell you they were using Rule of Law when in fact they were Ruling by Law …the Rhodesian state ,the apatheid state,the Nazi state ,,even the local dictatorship will tell you what they were doing is Rule of Law as we are going to most likely get on the Mupasiri case ,,,simply becauz there is no one defination cast in stone

[03/20, 06:23] Entrepreneurship vaMutumwa Mawere: Thanks for your insighful reflections and comments.

The take home comments for me drawn from your shared insights are:

1. We have walked on untrodden grounds.
2. A rebellion of ideas is not such a bad thing
3. No one knew that Mupasiri would still be standing on his feet .
4. My application for leave to intervene was unanticipated.
5. That the application was never about an attack on the constitutional validity of the reconstruction act.
6. It was about the oath of office
7. It was not about self-vindication.
8. It was about testing and determining the President’s bona fides.
9. It was about holding people to account for what they know and their involvement in creating what they know.

[03/20, 06:25] Entrepreneurship vaMutumwa Mawere: Morning. Battling to understand your angle. Can you kindly break it down into simple and stupid points.

[03/20, 06:31] briantawandamanyati at African Development Associates: Over time, at FoSMM and associate platforms be it BOAF or “What is a Company?” or “What is a leader?” let’s name it, I have seen a dedicated attempt to unlearn, learn and relearn us “civicly” and “civily” too on what rule of law is and it’s parameters. And have learnt through elaborative case studies how rule of law is different from rule of man or rule by law. It’s getting clearer and clearer and I assure you it’s verily for the common good. There is a huge and uniting change orientation in it all. Today, I am glad at how corruption as an evil long known has not been left out at addressing it through underpinning or seeking to underpin the rule of law cause. I would have struggled to think how surely does corruption get wrestled off us, for a better tomorrow, were it not for innovativeness I am witnessing as lying or deposited in the pro rule of law cause and initiatives including this landmark Prof. Mupasiri constructional court case/application.

[03/20, 06:32] briantawandamanyati at African Development Associates: No doubt rule of law is a good thing.

[03/20, 06:33] Mukoma Masimba: If U say rule of law is a good thing. Then aperthied system was good too?

[03/20, 06:34] briantawandamanyati at African Development Associates: Apartheid was rule by law or rule by man Mukoma Masimba. Apartheid was not rule of law. Rule of law, plays its start and end on adherence to the Constitution. Locate, identify and run with enforcing or implementing Constitutional provisions, there you will find and define with ease what Rule of Law is. And the good thing is our Constitution is not vague, it is a good starting point. We all contributed to it in or before 2013. Even the old one with its amendments, contributed by us. As in Zimbabweans, together.

[03/20, 06:43] Entrepreneurship vaMutumwa Mawere: The President took an oath to promote, protect and uphold the rule of law.

The rule of law is about holding public office bearers to account for the oaths.

IT IS PREMISED ON THE PRINCIPLE OF THE SUPREMACY OF THE CONSTITUTION as the #1 law that all of us are subject to without exception.

Mupasiri has presented a constitutional question and the President had no choice but to present himself to court in a civilized manner.

He has under oath deposed to statement of truths in relation to the application.

Is there no cause to celebrate especially for you given your personal investment in this project of Justice Under Rule of Law.

Congrats to you for creating space that history will never forget that you were part of this journey that ended up in the apex court.

The lawyer in Mupasiri and the advocate in his courage to bridge WhatsApp chats into a national discourse is legendary.

History makers come from unlikely addresses.

Who is Mupasiri’s lawyer? Himself.

What are the lessons from this?

[03/20, 06:45] briantawandamanyati at African Development Associates: Indeed there is every good reason my fellow countryman for me to celebrate.

[03/20, 06:45] briantawandamanyati at African Development Associates: Others too.

[03/20, 06:45] Entrepreneurship vaMutumwa Mawere: Apartheid was an example of RULE BY LAW OR RULE OF MAN and never about RULE OF LAW.

[03/20, 06:49] Entrepreneurship vaMutumwa Mawere: The journey is long but God had used you as a vessel to do that which he intended when he created you.

The long arc of the moral universe may be far away to allow any of us mortals to touch it but our little parts in shaping and defining its trajectory and personality always pays dividends in the outcomes that can never be claimed by any singular effort but by all who choose to put hands on deck.

Never underestimate the power and agency of the person in the mirror.

[03/20, 06:50] Entrepreneurship vaMutumwa Mawere: You are the Zimbabwe that you may be waiting for. It is the individual who is the driver of change.

[03/20, 06:53] Entrepreneurship vaMutumwa Mawere: You are not the WE but YOU.

However, there can never be the WE without YOU choosing to be the change.

You have a story to tell but FOSMM had nothing to tell if you chose to do nothing in its NAME.

[03/20, 06:53] Entrepreneurship vaMutumwa Mawere: Choose

[03/20, 06:55] briantawandamanyati at African Development Associates: Most welcome Sire. Most welcome everyone of us here, alway. Great minds here through and through going by discourses we are always having every which way Advocates and non Advocates as me. Allow me to say all Glory be to Jehovah #always.

[03/20, 06:57] Mukoma Masimba: Brian how r u my bro. Congrats. U did it. Remove the *We n replace with *l

[03/20, 06:59] briantawandamanyati at African Development Associates: I did it. Thank you. Am unlearning, learning and relearning Mukoma Masimba.

[03/20, 07:00] Mukoma Masimba: Awesome 👌

[03/20, 07:05] +263 77 386 1572: Congrats, you did it hama, well done

[03/20, 07:07] Entrepreneurship vaMutumwa Mawere: History does lie. There are people who said it was a futile and reckless endeavor but @⁨+263 73 223 1900⁩ said his will must be done and it is being done.

[03/20, 07:09] Mukoma Masimba: Adv Stan Sithole is here. He is one of them

[03/20, 07:18] Adv SS: yess and i still maintain 😅😅

[03/20, 07:18] briantawandamanyati at African Development Associates: To me the likes of Advocate Sithole are the necessary devil’s advocate in any boardroom.

[03/20, 07:19] briantawandamanyati at African Development Associates: Causes consideration of all the pertinent angles/issues warranting attention to the best extent possible.

[03/20, 07:21] briantawandamanyati at African Development Associates: So all is good, all is well. Got along, still going along as FoSMM litigation brainstorming team pretty well.

[03/20, 07:23] briantawandamanyati at African Development Associates: Whether the FoSMM brainstorming team set up was deliberate or not again is neither here or there, what matters is all are here together from as many days back, keen to see a good and lasting outcome, bottom line.

[03/20, 07:25] Entrepreneurship vaMutumwa Mawere: The process is the outcome. No outcome without human agency.

[03/20, 07:27] briantawandamanyati at African Development Associates: Learning shall nevre end fi real. 🙏

[03/20, 07:35] Entrepreneurship vaMutumwa Mawere: It is always great to maintain a positiom but arguments create the motive force of any outcome. History is, however, not written in arguments but in deeds.

Does an application exist that is court?

Is there a hearing date? Yes

Could a nullity produce an admission to intervene? No

Stones throne provide a foundation for building? Yes

[03/20, 07:38] Entrepreneurship vaMutumwa Mawere: History is made one individual at a time and one applicant who dares to step forward.

Arguments are dead ab initio.