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Corporate Literacy

The Connection between ‘What is a Company and What is a Leader in Relation to SMM’?

Mutumwa Mawere

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Mutumwa Mawere, 26/12/2020

Identity is critical and plays a key role in the affairs of mankind.  It is fact that what informs or must inform any relationship must be the existence of related parties.

The C2C: What Is A Company WhatsApp group is for people who share a common interest in negotiating a better understanding of the animal called a company with a view to provoking, inspiring and igniting the use of this vehicle to solve human problems in an efficient and inclusive manner.

You may be knowledgeable of bad experiences of real people who started as friends only to end as bitter enemies mainly because of the absence of any shared understanding on what a company is and is not.

How many shareholders believe erroneously that shareholders own a company resulting in them being in constant disputes with directors?

I am sure you have the term STATE OWNED COMPANY (SOC) whose existence is premised on an understanding that the state exists and in turn can own an entity that exists once created as a juristic entity.

How directors believe wrongly that they owe a duty to shareholders and not to the company they serve? What is a black owned company? What is a family controlled company!

The C2C: What is A Leader WhatsApp group is a platform for people who share a common understanding that there exists no shared understanding on what is a leader or what a leader is not.

The idea and ideal of what is a leader is a source of endless debates without any clarity on it. What is a leader is not the same question as who is a leader. Is a leader human and a person of flesh who is mortal and fallible?

If a leader exists, where and how a natural person ends and a so-called leader takers over? Why would a leader need to subject himself to elections if he is born and possesses exceptional properties? Is leadership a mirage or illusion?

This WhatsApp group was established to dig deeper into this divisive and misleading construct called a leader.

To me, SMM is one of many case studies that can be used to test whether a shared understanding exists on what a leader is and is not as well as the idea of a company.

 [12/26, 11:20 AM] mdmawere1: The question what is a leader is informed by a personal observation that no shared understanding seems to exist on what is the identity of a leader.

This compels all who share the same observation to connect and build a community of celebrating this ignorance. Some call it the AMZING GRACE moment.

[12/26, 11:44 AM] mdmawere1: History of human civilization can provide examples of state-craft-man-ship excellence. There are many people who want to be leaders without knowing what a leader is and is not. Is it not ironic that the so-called leaders are creators of the worst examples of best state-craft-man-ship?

 [12/26, 11:49 AM] Goodman Musariri: What is the universally acceptable definition of a LEADER?

Because leadership is INTRINSIC and measured by achievements or consistency of behavior or trends if influence and or inspiration. What is wrong is the question: What is a LEADER? Does the question have the definition in a universal or specialized Dictionary??

[12/26, 11:51 AM] Goodman Musariri: And what is a political leader is much easier to define that a philosophical type of leader

[12/26, 11:56 AM] Goodman Musariri: Why is there no shared understanding when we haven’t measured the degree to which we agree or disagree on what is a leader or is not? It must not be and open ended question that does not arrive at an answer.

Leaders vary by shape and size, function and or position. What is a Church Leader? Is not necessarily what a political leader is? And so are the answers but if we stick to one type of leader in terms of ‘sphere of influence’ we arrive at common understanding.

[12/26, 1:22 PM] mdmawere1: Thanks for bringing up what you classify as the SMM issue. I am sure you agree that no shared understanding exists on what is the SMM issue.

To one it may be a personal matter involving the person of me and to another it may be one of many examples of consequences of illiteracy on what is a leader is and is not.

Equally, you will be enriched by the exposition of corporate ILLITERACY of the highest order.

The more you try to assert what you believe is the truth according to me, the more others may rightly or wrongly accuse you of being manipulated and brainwashed by me. I am not and have never been SMM.

SMM was founded in 1918. I was not born then. I have no knowledge of the facts and circumstances of its establishment. Yet ignorance would make me relevant in the affairs of a company that is much older than me.

What is SMM, one may ask? SMM’s life was constructively terminated by human beings clothed with public power. The public includes people who belong to this small country of ours called – what is a leader?  Who would call a company hijacked an SMM issue unless one is exposing his own illiteracy.

There is no SMM issue to assert but a public power abuse of the highest order that affected the lives of so many yet ignorance precludes reality centric perspectives.

You state that: “I found out from conversing with him even on a VERY DIFFICULT ISSUE SUCH AS SMM,” without explaining how a company whose life and affairs was affected by what is now a public law could possibly be personalized as if my personal health has ever been in the mix.

Common sense, reason and logic dictates that the use or abuse of public must necessarily be of concern to any member of the public.

If you are a Christian, you would know better that the life and legacy of Jesus does not call on him to be interviewed. I have no knowledge of any of his disciples finding any reason to interview him in order to tell his story.

Normally, one would not need to learn from a victim to be provoked and call a spade, a spade yet in the so-called SMM matter some would want to assert agency rather than use the information to raise the bar higher so that those in public office can be held to account.

The whole idea of C2C is to promote and protect the rule of law and not the rule of man. Imagine a pretender who wants to be a President of a country yet is blind on the abuses of public power but is alert on promises of what he would do when he assumes public office.

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Corporate Literacy

Bible Based Entrepreneurship and Leadership Training Programs Are Key Drivers in the Fight against Poverty and In Promoting Development in Poor Christian Societies

Brian Kazungu

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Photo Credit: https://foodshelffriday.com/

Brian Kazungu, 10/02/2021

In her 2015 blog post titled What Does the Bible Say about Poverty and Hunger, American historian, Karah Hawkinson says “Like most comfortable middle-class Americans, I squirm when faced with the reality of a poor and starving world. I’ll admit that I sometimes play dumb and ignore my responsibilities to my fellow man”.

She goes on to add that “We have made ignoring what the Bible teaches about poverty into an art form. We pick and choose, brushing aside the directives and attacking the poor with verses that condemn laziness and drunkenness.

If we can pass the blame for poverty, our guilt is appeased and we can go back to enjoying our favorite TV show”.

From Karah’s writing, it becomes clear that there are still some people across the world who are concerned about poverty and they are always trying to find ways on how best to help in solving the problem.

She goes on to quote the Bible on the need to be cognizant of the situation that befalls the underprivileged.

Therefore, as a way of complementing Karah’s efforts in creating a consciousness on poverty and its ugly impact, it is also important to highlight that it is possible to encourage and promote entrepreneurship and good leadership based on the Bible towards economic empowerment.

This is because it is disturbing to note that, globally, most Christians, both leaders and their congregants are not spared by poverty and yet the Bible is a source of tried and tested invaluable wisdom on life transforming entrepreneurship, management and leadership principles.

An article by the research institute Gallup titled Religiosity Highest In World’s Poorest Nations https://bit.ly/3bztSgq shows that there is a correlation between being very religious and being very poor.

Such a correlation can be attributed to the lack of relevant entrepreneurship and leadership training among the religious folk even though deep within their religion is found treasures of economically empowering information as is the case with Christianity.

For example, the Bible covers a broad range of principles and examples which demonstrates how to make the best of decisions on entrepreneurship, management and leadership towards personal, corporate and community development but such information rarely gets to its target audience in a proper manner.

A research paper, Herv. teol. stud. vol.70 n.1 Pretoria Jan. 2014 titled The Effect of Religion on Poverty by Jaco Beyers from University of Pretoria’s Department of Science of Religion and Missiology helps to show how religion can be incorporated in the fight against poverty.

Professor Beyers states that: “Religion can influence the response to poverty by having an ethical impact when principles benefiting all in society are applied within economic systems. Religion can also influence the response to poverty by fostering an attitude of willingness to practise generosity.

Religion can educate communities in order for human dignity of all in society to be restored. Thirdly, religion can be part of the system actively encouraging and participating in alleviating poverty.”

Based on this reasoning, it is therefore expedient for thought leaders in the Christian religious circles to look at how the Bible expressly or implicitly helps in designing effective entrepreneurial, administrative and leadership mechanisms for the efficient running of institutions across the board.

Once that is done, they must then extract Bible-centric entrepreneurial, administrative and leadership literature and convert into a curriculum for church leaders and congregants so that they can impart and apply this knowledge to society at large towards development of economies

The main objective of such a curriculum will be to positively transform people’s lives all over the world through effective scripture inspired PRACTICAL entrepreneurship and leadership solutions that promote personal, corporate and community development.

Such a training program will then act as a catalyst to empower Christians to be active participants in economic development, job creation and poverty eradication through mind-set transformation, commercial participation and strategic partnerships rather than to be mere onlookers and powerless recipients of charitable donations especially from non-believers.

It will enable the Christian community to ethically, effectively and efficiently meet its social and economic needs in a manner that will inspire the aspirations and enhance the wellbeing of people across the world.

According to the United Nations, Ending Poverty in all its forms is the first of the 17 Sustainable Development Goals (SDGs) of the 2030 Agenda for Sustainable Development.

In the same context, the World Bank https://bit.ly/351qMyY” estimates that by 2030 up to two-thirds of the global extreme poor may be living in fragile and conflict-affected economies, making it evident that without intensified action, the global poverty goals will not be met.

The narratives above are a clear testimony of the fact that poverty is a serious global challenge that needs to be collectively addressed especially through entrepreneurship initiated and managed by those with an ethical and caring generational mind-set.

Employment creation and poverty eradication now also calls for active participation by religious movements to economically empower their followers especially in line with their own core belief system in order to collectively tackle global challenges.

As such, Christianity, being one of the world’s biggest religion with at least two (2) billion people can be a considerable driver of poverty eradication when those who subscribe to it receive Bible aligned leadership and economic empowerment training.

This is because church leaders and their congregants can play a significant role in promoting socio-economic development when they themselves are active participants in entrepreneurship promotion and leadership training activities in their communities.

1Thessalonians 4vs.11-12 And that ye study to be quiet, and to do your own business, and to work with your own hands, as we commanded you: 12 That ye may walk honestly toward them that are without, and that ye may have lack of nothing.

For example, there is readily available literature on the same subject, i.e. The Practical Executive https://amzn.to/2VvcrYv and The Practical Entrepreneur https://amzn.to/3bvEwVe from which institutions of higher learning can tap from as a starting point in such a pursuit.

The above mentioned books cover the traditional aspects of leadership and entrepreneurship with case studies and references from the Bible in a way that makes sure that the world’s biggest religion can also participate in spurring economic development and in helping to eradicate poverty.

Listed below are a number of advantages associated with the development of such a curriculum.

Benefits Of This Training Program To Students

  1. Church leader will gain information that helps them in giving scripture supported advice (counsel) to their congregants who are in business or those holding leadership positions.
  • Increased knowledge on the practical application of Bible based entrepreneurship and leadership insights by existing and prospective Christian entrepreneurs.
  • Increased confidence and enhanced ideas on how to spread the gospel in the marketplace and to people of influence
  • Inspiration and motivation on the church folk towards starting and managing their own Bible based life transforming business initiatives and nonprofit operations.
  • Some of the graduates from such courses can become a conference speakers on entrepreneurship, leadership and community development events.
  • Life Coaches will gain knowledge on how to be effective personal development coaches especially to people in the Christian community.

Benefits of This Training Program to the Community

1) Employment creation through the initiation, formalization and professionalization of Christian informal traders and SMEs.

2) Promotion of peace and development through running enterprises and various institutions through scripture based or Bibles inspired principles.

3) Spread of the gospel through the marketplace since scriptures will be the basis for institutions and enterprises.

4) Prevalence of ethics and morality since bread winners who are shapers and dictators of the moral fabric will expressly or impliedly be influenced by Christian values.

5) Reduction in crime, corruption and immorality since there will be better and more effective ways of wealth creation that are inspired by the Bible.

6) Confirmation and re-affirmation of the church’s dignity and integrity since it will be regarded as an authoritative source of developmental and entrepreneurial ideas.

7) Reduction in the dangers associated with illicit international trade since the church will add on to the already established trade monitoring and evaluation mechanisms through verification and authentication of members and their activities.

8) Increase in variety, competition and productivity through the increase of active participants in economic issues will reduce prices and improve the livelihoods of the general populace hence resulting in health and morale boosting.

9) Promotion of self-awareness, confidence boosting, respect and tolerance among the populace through inspiration, motivation, education and economic empowerment which is Bible based.

10) Easy support or financing of church activities and the effective as well as efficient spread of the gospel through financial contributions by inspired and economically empowered Christians.

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Corporate Literacy

Critical Analysis of Coca Cola Beverages South Africa’s BEE Inspired Transfer of Additional 10% Shares to Its Employees – C2C Corporate Literacy Initiative

Brian Kazungu

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Brian Kazungu, 08/02/2021

Following an announcement by Coca-Cola Beverages South Africa (CCBSA) that it had transferred an additional 10% shares to its employees, members of the Connections2Communities (C2C) community using the theme What Is A Company, discussed the meaning and implications of such a move.

Critical points in the Press Release by Coca Cola were that:

  1. The 5% stake already held by employees will increase to 15% following the newly announced additional 10%.
  2. When including other partners with a BEE tag, Coca Cola Beverages South Africa will now be 20% black owned.
  3. It was also announced that Trade Unions will have the power to appoint two trustees to serve in the Board of Directors on behalf of the employees.
  4. According to CCBSA Managing Director, Velaphi Ratshefola, this was more than merely a scheme with financial benefits to workers but rather a real empowerment as employees will have Board Member representation.

Below is a corporate literacy discussion between members of C2C in their search for a shared understanding on matters of interest as well as in their pursuit for corporate excellence.

[2/7, 15:01] Mr Mawere: CORPORATE LITERACY 101 – Case Study 100. Corporate Identity under the spotlight.

It was announced that Coca Cola Beverages SA (CCBSA) would transfer an additional 10% of its shares to its employees.

What is nationality and identity of CCBSA?

[2/7, 15:13] +263 77 299 6425: Nationality of a corporate depends on its registration. If CCBSA is incorporated in SA then it will be regarded South African. However the parantage (DNA) of the company may reflect a strong line of foreign blood. Hence the reason for a purported black empowerment drive.

[2/7, 15:38] +263 77 603 2475: If employees are shareholders I would benefit by understanding how trade unions appoint directors. Whose interest will those directors serve? If any employee wishes to realize part of their shares as an individual, is that possible and if so when and how? These are question around what a company is.

[2/7, 15:48] Mr Mawere: Do you agree that a company is a creature of law? It is the company and not its relatives that exists as a separate and distinct entity. If the above is accepted, the CCBSA is a South African corporate citizen. Once incorporated, its umbilical cord is cut.

[2/7, 15:51] Mr Mawere: The announcement is clear. A trust whose beneficiaries are the employees will hold the shares. The trustees will be appointed by the founders to act on behalf of the employees who stand to benefit.

[2/7, 15:55] Mr Mawere: You ask, whose interests will the directors serve? As you may be aware, directors owe a duty of care to the company they serve. They owe no fiduciary duty to shareholders.

The trust will be entitled to two directors but once the directors are appointed, they cease to represent the trust but the company they serve.

Remember that the directors are part of the company and they possess the power and authority to act on behalf of a company.

[2/7, 15:58] Mr Mawere: You ask if any employee wishes to realize part of the shares as an individual and in so doing expose the need for this group. The correct construction is that employees are not shareholders in the new structure.

It is the trust that has a direct nexus to the employees. In turn, the trust is the registered holder of shares in the company. In short, none of the employees would be registered as direct shareholders of CCBSA.

[2/7, 16:47] +263 77 603 2475:

1. Shareholding. Very correct insights from a legal standpoint and yes, the beneficiaries are the trust which will hold shares in the company.

 The benefit to employees is indirect, and short of a dividend, an employee might get nothing out of this arrangement.  This is an empowerment scheme in which 15% has been issued to a trust not to employees.

Employee interests are now in the hands of the trust. An employee might never realize the benefit possible through leveraging shares as he deems fit in order to buy his family a home or feed himself during pension when he ceases to be employed?

The point is we need to be aware of these potential drawbacks as relates employee freedom of ownership of shares.

2. Directors

He who pays the piper calls the tune. The trade unions appoints these guys and therefore can disappoint them. The director therefore know who the master is. 

The article itself acknowledges that the employees would now chart the future of the company. Is that not implication that the newly appointed directors will bring in employee input onto the board?

I agree with the basic legal interpretation but have expounded further implications as I see them.

[2/7, 17:04] +263 77 299 6425: Yes I do agree but the cutting of the umbilical cord is somehow dependent on structure. In our case we have CCBSA which has a parent CCBAfrica which runs the affairs of the company in East and Southern Africa. In such a conglomerate set up, the operations of CCBSA may not be entirely independent of its holding parent.

The reason for the increase in the stakes for employees is something to digest also. It was meant to meet the provisions of the BEE Act as the government holds back the license for merger. It’s not a voluntary offer per se. There’s a forked tongue in the deal.

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Corporate Literacy

What Is A Company? – Corporate Literacy Masterclass: The Status of a Company, The Rule of Law and Principles of International Law on Dispute Settlement

Brian Kazungu

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Brian Kazungu, 03/02/2021

Being a businessperson and running the affairs of your own company can be the wish of so many people across the world but navigating the corporate world is an adventure that must be taken with some knowledge of business dynamics and an exposure to the accounts of those who have walked the path.

A critical understanding of what is a company and what it is not important in helping every entrepreneur to making informed decisions in the business world. Without such knowledge, as a businessperson, you are likely to labour under a mistake at your own expense and at the expense of your stakeholders.

More-so, it is equally important to have an understanding of international legal provisions when you do business in this global village because such an understanding helps you to make the right decisions when there is a dispute where your operations spans across two or more countries.

This is because many countries are governed by different legal provisions and thus when a dispute arises between companies in different countries, you must have an idea on how the laws of these countries will be applied in settling the dispute.

Another important element to consider in the corporate world is to understand what happens to the status of a company when there is a change of a law that governs it. Does the company still continue to exist or it becomes a new creature?

The following account or narration of what happened two companies in South Africa and a company in Zimbabwe is a befitting case study to the issues mentioned above.

It is a story told by Mutumwa Mawere as part of the Connections2Communities (C2C) initiative where corporate and civic issues are discussed so that people may learn from the experiences of others.

Mutumwa Mawere: “As background, three companies play a central role in the facts of the dispute. These companies are: 1. SMM Holdings Private Limited (SMM), 2. Petter Trading Pty Limited (Petter), and 3. Southern Asbestos Sales Pty Limited (SAS).

It is fact that Petter and SAS were incorporated and operated in terms of the laws of South Africa and as such they were South African corporate citizens.

SMM was a company incorporated and operated in terms of the laws of Zimbabwe making it a Zimbabwean corporate citizen.

SMM’s books and records as required by law were kept at the Registrar of Companies in Bulawayo.

Equally, Petter and SAS’ records were kept at CIPC.

It is a requirement that a company being a creature of law, should have its birth certificate and other records kept in a public place that is easily accessible to the general public.

To be a company, the entity must have a unique registration number. One can easily see what chaos can ensue if the birth certificates are messed up or duplicated.

No one can dispute that at the core of the dispute is the allegation that Petter obtained a judgment against SMM on 6 July 2004 permitting it to collect from export proceeds due to SMM from exports collected by SAS as its agent in the event that SMM was unable to make good on what it owed Petter in relation to goods sold and delivered by Petter to SMM.

It is not in dispute that at the material time, SMM owed Petter an amount of about R26 million. SMM could not remit the funds because of the interference by the RBZ that instructed SMM not to make any payment to any company associated with me.

SMM’s was forced to surrender its export proceeds to the RBZ at a fixed exchange rate resulting in the company getting the local currency equivalent.

As an example, if SMM received US$1 million, it would get Z$55 million at an exchange rate of US$1:Z$55, when the market rate was about US$1:Z$150.

This meant that if SMM wished to pay to Petter, it was impossible to get the US$1 million back from the market outside the directive by the RBZ.

This resulted in Petter not being to pay to its SA creditors in the ordinary course of business.

Dr Sanangura who was SAS’ Finance Manager at the material time explained to the Court that the cession agreement and the court order of 6 July 2004 were meant to protect Petter from its SA creidurors who were prejudiced by the actions of the RBZ.

Against this background, a plan was deviaed in Zimbabwe involving state and non-state actors to steal SMM by force of law.

In terms of the Companies Act, the control and management of a company is vested in its directors who are appointed by shareholders.

It was common cause that the three entries involved were under the ultimate control of me.

The Chairman of SAS and Petter when the court order of 6 July 2004 was Mr. Mariemuthu, who was only joined in the suit after its commencement.

The Chairman of SMM was Dr. William Mudekunye whose freedom and life was under threat in Zimbabwe as he was being accused of complicity in obtaining a fraudulent judgement to prevent export proceeds from being paid by SMM.

The claim was premised on the allegation that in relation to SMM, it was me who controlled the three companies and not their directors as per the prescripts of the law

The directors were regarded as puppets.

Without alienating me from the affairs of SMM, it was deemed that there was no way the alleged externalization or prevention of the flow of funds in lieu of the cession court order from SAS to SMM was to change the control and management of SMM in the first instance and then use the dismembered SMM to litigate against me in SA.

This is how the reconstruction decree was conceived and born.

As a consequence of the decree, an Administrator was appointed extrajudicially on 6 September 2004.

The question is what was the legal standing of SMM as at the time the directors of the company were dismissed by the operation of the decree?

In terms of the Companies Act, the right to appoint and remove directors is vested in the shareholders.

It is common that SMM’s directors were removed by the Minister without the involvement of the Court in Zimbabwe.

Public power was used to divest and deprive shareholders of SMM of the right to dismiss the directors of the company.

Absent consent, what follows is force and theft. The government acquired the right to choose to dismiss directors of a private company by virtue of the exercise of public power.

A law had to be created allowing the government to exercise jurisdiction over a private company in the case the company targeted was deemed at the sole discretion of the Minister of Justice to be not only state indebted but Insolvent.

Although the constitution of Zimbabwe provides for the equal treatment of creditors and debtors, this law violated this principle by purporting to make the state, an undefined creature, a party in the affairs of a company on the premise that a state controlled company like the electricity supplier, ZESA, was deemed to be the state for the purposes of giving life to the scheme.

In other words, it is law in Zimbabwe that if a company owes any funds in the ordinary course of business, this Reconstruction Act applies. It is significant that the law applies retrospectively.

The transfer of control from the directors of SMM to a creature of statute, the office of the Administrator, was done without the consent and knowledge of the rightful parties who were related to SMM.

The decision to strip the shareholders of the legal nexus to SMM was done in an open and brutish manner.

The question that arises is whether after the implementation of the reconstruction decree, what became the legal status of SMM?

In terms of the operation of the reconstruction decree, the company was referred to as a company under reconstruction akin to the nomenclature used in relation to a company under liquidation save to say that liquidation is provided for as a remedy following a company’s inability to pay its debts.

In relation to liquidation or judicial management, it is the court that has the discretion to order the placement of a company under a new regime.

This regime change has to be preceded by an independent and impartial determination of the existence of indebtedness and then the quantum of such Indebtedness which steps were not taken.

In fact, there is no provision in the decree for any involvement of the courts in determining the existence of Indebtedness prior to the issuance of an order.

It is also worth highlighting that the state is vested with the power to unilaterally and arbitrarily determine that a targeted company is indebted and proceed to issue an order that limits the constitutional rights of the affected parties.

Can a company whose shareholder are stripped of their inalienable rights be considered to remain a company?

In the same vein, can a human being stripped of his right to enjoy a relationship with his property and freedom to prevent draconian measures being applied to him be considered to be human in a constitutional democracy?

Al these events occurred in the territory of Zimbabwe.

Can Zimbabwean law have extra-territorial application? The answer is no.

In terms of international law, the Administrator’s powers was supposed to be limited in operation to the jurisdiction of Zimbabwe.

Absent authority, a company cannot act let alone institute legal proceedings.

It is not in dispute that the litigations in South Africa after the placement of the control and management of SMM under the control of the Administrator at the instigation of the Minister of Justice to whom the Administrator reported to.

This made SMM automatically an organ of the state of Zimbabwe.

However, the judgment sought and obtained in SA related to the affairs of a company called SMM.

The reality is that the SMM, the real claimant against the Defendants, was killed on 6 September 2004 by an act of state.

What followed is that it was the government of Zimbabwe using the company as a vehicle to directly claim on behalf of a company?

Against this backdrop, the decree clearly undermined public policy principles on which international law is premised.

In this case, the operation of the decree was exported to the territory of Zimbabwe with ease.

The SA Judiciary was used to recognize and enforce this draconian and satanic decree.

The question of judicial tolerance in the forum country comes to the fore.

Would you expect a forum country to recognize tolerate and give life to a law that offends its public policies? International law is clear on this issue.

Is the reconstruction law so iniquitous that it should be rejected as being law because it attacks doctrine of separation of powers and equality?

It is fact that before the judgment was granted, the Court a quo, the Judicial Services Commission, and the parties representing the government of Zimbabwe were fixed with the knowledge as to how the control and management of SMM was changed yet there was no judicial sanction.

On the contrary, the SA judiciary acquiesced and delivered the promise of injustice.

What are the facts that could have led the SA judiciary to be blind to the obligations placed upon it as the guardians of constitutionalism to end up being complicit in this travesty of justice.

It is law that a company’s authority can be recognized even if not supported by a resolution of directors appointed by shareholders.

It is now law that a foreign law that offends the constitution of SA can be recognized and enforced.

Ordinarily the Willis J judgment would be considered as falling outside the four corners of legality in that it awarded a monetary judgment to a party disguised as a corporate entity when in truth and fact, what was before the Court was an organ of state.

It would be absurd to imagine SMM suing its own shareholder and the fact that this matter was successfully prosecuted by SA courts must mean that something is fundamentally flawed in the administration of justice in SA.

How many other cases of similar nature have been processed with impunity in SA?

I would be grateful for any comments that may flow from the above. Learning has no limits.”

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