Unraveling the Veil of Injustice: Ramaphosa, Mnangagwa & The Coca-Cola vs. the Supremacy of the Constitution – the JLI-AI Pilot Project – Exposing SA’s broken justice and governance system

Across the vast expanse of Africa, the pursuit of justice remains an elusive dream for many.

The continent’s legal systems, often plagued by corruption, inefficiency, and political interference, fail to provide the equitable and impartial dispensation of justice that its citizens deserve.

While numerous factors contribute to this systemic breakdown, a closer examination of a single case study can shed light on the pervasive issues undermining the rule of law in Africa.

The Mupasiri application under Case Number 2023-114187 serves as a stark reminder of the fragility of South Africa’s systemically broken justice and governance system.

In this case, Mr. Chrispen Tabvura, Editor and Publisher of the Choice Media Africa newspaper, and a member of the JUSTICE UNDER RULE OF LAW’s, JUROL, JUROL LEADERSHIP INSTITUTE (JLI), ACCELERATOR PILOT PROJECT, a collaboration with artificial intelligence, AI, to provoke, ignite, and inspire active citizenship to ensure that the binding obligations imposed on every person are fulfilled by defending, upholding, respecting and obeying the constitution as the supreme law and holding the exercise of public and market power to account for its use to solve human problem; in this letter seeks to hold the South Africa Minister of Justice and Correctional Services for his conduct in refusing and failing to take seriously the precedent set in relation to the assertion of rights and claims acquired pursuant to a Zimbabwean law that is inconsistent with s. 2 of the Constitution, the recognition and enforcement of the rights and claims notwithstanding the limitations and obligation entrenched and enshrined in the Constitution of South Africa.

“The reality that a penal, revenue and confiscatory law of Zimbabwe that was authored and prosecuted by President Mnangagwa not only in relation to Zimbabwean persons but to South African persons extra-territorially, is too chilling and ghastly to contemplate,” said Mr. Peter Smith, the Executive Director of the JLI-AI Media Excellency Initiative.

“It is astonishing that not one but many SA judges recognized and enforced a law that offends SA public policy, the values and principles enshrined in the SADC TREATY and PROTOCOL, and international law.

Although s. 7(2) and s. 8(1) provide for the state to protect the supremacy of the constitution and imposes on all government branches the binding obligation to ensure that any law or conduct that is inconsistence with s.2 of the Constitution is invalid or void ab initio, the facts that inform the Mupasiri application suggests that the promise of the respect of the rule of law is a far cry from the reality if Petter Trading’s liquidation and Mr. Mawere’s sequestration are anything to go by,” said Mr. Antinius Clarke, the President of JUROL CANADA.

Mr. Tabvura’s letter to the Minister of Justice and Correctional Services underscores the fundamental issues inherent in this case.

He questions the validity of judgments granted under a law that may contravene the Constitutions of both Zimbabwe and South Africa.

He raises concerns about the recognition and enforcement of such judgments by South African institutions, setting a precedent that could have far-reaching consequences for the rule of law.

The Mupasiri application is not an isolated incident. It represents a broader pattern of systemic injustice that plagues many African nations. The case highlights the following critical issues:

• The abuse of power by government officials: The alleged involvement of Zimbabwean government entities in the Reconstruction Scheme and the subsequent liquidation proceedings raises serious questions about the separation of powers and the potential for political interference in the judicial process.
• The lack of transparency and accountability: The opaque nature of the Reconstruction Scheme and the subsequent legal proceedings casts doubt on the fairness and transparency of the processes involved.
• The failure of the judiciary to uphold the rule of law: The recognition and enforcement of judgments obtained through dubious means by South African institutions indicate a potential disregard for the principles of the rule of law.

These issues, if left unaddressed, will continue to erode public trust in Africa’s legal systems, further entrenching a culture of impunity and injustice.

The Mupasiri application serves as a wake-up call, urging African nations to take concrete steps to promote and protect the rule of law.

Promoting and Protecting the Rule of Law in Africa

To address the systemic issues highlighted by the Mupasiri application, African nations must prioritize the following measures:

• Strengthening judicial independence: Ensuring the independence of the judiciary from political influence is crucial for upholding the rule of law. This requires safeguarding judicial appointments from political interference, providing adequate resources to the judiciary, and fostering a culture of judicial accountability.
• Enhancing transparency and accountability: Promoting transparency in legal proceedings and government actions is essential for building public trust in the system. This includes making legal documents accessible to the public, establishing mechanisms for public scrutiny of government actions, and holding public officials accountable for their actions.
• Promoting legal education and civic engagement: Empowering citizens with knowledge of their rights and responsibilities under the law is crucial for fostering a culture of respect for the rule of law. This includes incorporating legal education into school curricula, encouraging civic participation in legal processes, and promoting access to legal aid for vulnerable groups.
• Addressing corruption: Tackling corruption is essential for ensuring that the rule of law applies equally to all citizens. This requires strengthening anti-corruption institutions, promoting ethical conduct in both the public and private sectors, and fostering a culture of zero tolerance for corruption.

The Mupasiri application, while a single case study, serves as a poignant reminder of the urgent need for systemic reforms within Africa’s legal systems.

By addressing the fundamental issues highlighted in this case, African nations can begin to build a just, open, transparent, and accountable governance system, one that upholds the rule of law and ensures equal justice for all.