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JUROL 101 – FRAUD ON THE COURT WITH THE IDENTITY OF THE PRACTITIONERS

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  1. Corruption is cancer and any allegations that are not supported by facts encourage the corrupt to continue business as usual.
  2. Thomas Jefferson was on point when he remarked that a public office bearer is a public trust and a public property that must be subjected to public scrutiny.
  3. The Justice Under the Rule of Law (JUROL) project seeks to raise awareness of the harm that can be caused if the administration of justice is undermined by the very people who must be its guardians.
  4. In South Africa, there is a raging debate on whether the judiciary is independent and impartial. 
  5. Former President Zuma whose relationship with the judiciary is well known and documented. The publication of the 4th Report by the Chairman of the Zondo Commission has sparked another debate on the neutrality of the Chief Justice after his complimentary comments on President Ramaphosa in relation to his alleged role in stopping state capture.
  6. Minister of Justice, Hon. Lamola defended the judiciary and said: “The judiciary did not deserve the level of attacks it was receiving from political parties.”
  7. For more on this follow this link: https://www.iol.co.za/news/politics/minister-ronald-lamola-defends-judiciary-npa-144f06d4-7c1d-4dbf-a34c-2d563e12f56a.
  8. On the other end of the political spectrum is Tony Yengeni and the EFF leader, Julius Malema, who hasCORRUPTION slammed Chief Justice Raymond Zondo asserting that he was factional and had entered the political arena to allow them to declare war on him.
  9. Zondo in his spat with Lindiwe Sisulu implored the people who are aggrieved by the judiciary to step forward with facts rather than complain in the abstract.
  10. One of the JUROL members whose identity is JUROL00091 said: “I have read with interest Mupasiri’s application using the facts and circumstances of the Jajbhay J judgment of 2007 in which Steelnet was the Applicant seeking to benefit from the protection of the Southern law and Courts after having robbed private shareholders of their property i.e., the shareholding of the company.

Steelnet was presented to the SA Court craftily by its attorneys as a listed company and a normal juristic entity.

The Judge was misled into thinking that what was before him was a bona fide company asserting commercial rights in relation to an independent SA company, Petter Trading Pty Limited.

The learned Judge was presented with facts showing that Petter had acknowledged indebtedness and as such it was in the interests of justice and equity to recognize and enforce the rights of this creature in relation to the insolvent estate of Petter.

The questions that have arisen are related to the issue of whether the judgment was sought and obtained based on fraud.

In other words, had all the facts and circumstances of Steelnet been placed before the Court, would the Learned Judge have granted the relief sought.

In the application, an affidavit deposed to by Chinamasa was provided and what struck me and shockingly so was that Chinamasa in his capacity as Minister of Justice was well briefed on all the litigations, yet Steelnet was presented to the court as a company with no nexus to the government of Zimbabwe.

It is universally held that fraud on the court is intrinsically limited to instances where the practitioners of the fraud have no interest in protecting and upholding the integrity of the judicial process and in this instant case, they constructively acted in concert to defeat its administration.

The nature of the fraud was targeted at the Court and not only the parties to the action. This form of fraud constituted conduct that can aptly be described as egregious.

This fraud implicated not only Chinamasa, a lawyer by training but DMH Attorneys, President Mnangagwa’s personal lawyers, and the officers of South African courts.

The attorneys who were involved in the prosecution of this matter knew that SMM was indebted to Petter and absent the reconstruction of SMM in Zimbabwe, Petter could easily have paid what it owed to Steelnet and the said indebtedness was incurred during the period when Steelnet was a private company and not an organ of a foreign government.

The creature that was before the Court was not a company but an organ of the government that expropriated its control from private shareholders.

Member JUROL00098 said: “I can now see clearly what was at play here.  A corrupt scheme was hatched in Zimbabwe with the Manikai and Gwaradzimba as the enforcers.

The audacity they had to seamlessly export the reconstruction decree to SA through prestigious law firms under the cover of darkness exposes the fact that this matter is more complex than meets the ordinary eye.

The question that popped in my mind is why a legitimate law firm would choose to be an accomplice to this brazen export of Zimbabwean laws to South Africa.

Did any brown envelopes change hands? If so, between whom and whom?

Can judgments that were sought and obtained solely based on misrepresentations to courts qualify to be judgments at all?

In this matter, it is obvious that the entire judicial value system in SA was substituted by the opaque Zimbabwean system where judges are openly and constructively part of the system of injustice.”

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Do you agree with Mahere of CCC that Mnangagwa’s use of Presidential Powers is ultra vires his oath of office?

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Mnangagwa Abusing Presidential Powers – CCC

The opposition CCC says President Emmerson Mnangagwa’s use of Presidential Powers to legalize the hike in interest rates by 200% is unconstitutional.

Mnangagwa used the Act to promulgate Statutory Instrument 118A  of 2022 gazetted on Monday.

SI 118A/22 stipulates that the multiple currency regime will exist until December 2025 and sets a ZWL$20 million fine for retailers selling goods at exchange rates above 10% of the prevailing interbank rate.

CCC national spokesperson, Fadzayi Mahere, Presidential Powers (Temporary Measures) Act is unconstitutional. Said Mahere:

In any event, a presser is not a law. These repeated illegal statements fertilize mistrust (and) the Presidential Powers (Temporary Measures) Act is unconstitutional as it offends section 134 of the Constitution.

They purport to use this law to ‘entrench’ (whatever that means) the use of the US$ for five years, yet even that unconstitutional law only empowers the making of SIs that last for six months.

Strangely, they set interest rates at 200% yet under the common law, interest must never exceed 100% of the debt in terms of the common law in duplum rule which has not been repealed.

This is the poorly thought out, legally unsound approach they prefer to policymaking.

CCC deputy president, Tendai Biti, who was the Finance Minister during the Government of National Unity (GNU) era, said:

Presidential decrees are an authoritarian abuse of citizens and Parliament.

The re-legalization of the US$ is an embarrassing acknowledgment of the failure of four years of vigorous pursuit of a de-dollarization agenda that was never going to work.

The Presidential Powers (Temporary Measures) Act allows a President to bypass Parliament and make laws.

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Strive Masiyiwa on the Chamisa/Biti link to the decision to impose and maintain targeted US-sanctions on Zimbabwe

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