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Zanu Pf attacks Chin’ono over Covid-19 scandal

zwnews24 Editor

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By Bloom Tizora

Zimbabwean journalist, Hopewell Chin’ono is under fire from the ruling party Zanu Pf. In a statement today Zanu Pf spokesperson Patrick Chinamasa said, “ZanuPf, has noted with concern, the systematic, well-choreographed and sponsored attacks on the integrity of First Family by unscrupulous characters such as Hopewell Chin’ono this time targeting the President’s son (Collins Mnangagwa)”.

Collins is linked to Delish Nguwaya of Drax International the company being used to loot the Zimbabwe State through Covid-19 procurements according to Chin’ono.

After the ZanuPf press conference, Chin’ono said, “My life is in danger after ZanuPf attacked me personally through their spokesperson Patrick Chinamasa accusing me of targeting the Mnangagwa family”.
” ZanuPf should not intimidate journalists using fear, I will not be cowed from saying the truth”, he said.

Since taking power from Robert Mugabe, Emmerson Mnangagwa family has been accused of corruption by many people.

#IamUnscrupulousLikeHopewell

Politics

Mr. Dada Marero under the Spotlight on Constitutionalism in the ANC Greater Johannesburg Region

Brian Tawanda Manyati

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Since joining the Connections2Communities (C2C) initiative, my mind has been provoked, inspired and ignited to think outside the box and this makes me to always dig deeper on an issue of interest.

Yesterday, iniafrica.com published an article under the title: “Foreign Nationals Welcome to Join South Africa’s African National Congress (ANC)”.

In this article, the Johannesburg Regional Secretary for the African National Congress (ANC), Mr. Dada Marero, said that people from other countries are free to join ANC and participate in meetings, programs and various campaigns of the party.

Furthermore, he said that “All members are treated in accordance with the constitution. No one just gets expelled on the basis that they are not South African born.”

I never used to read with intention to understand and share my understanding with others with a view to using shared understanding as a bridge to build bridges with others but Mr. Marero’s comment on constitutionalism caught my attention.

This is particularly so especially as arising from case studies that we have been reviewing including the manner in which the Mutumwa Mawere issue was handled by the ANC’s Branch Executive Committee (BEC) in Ward 106 located in Rivonia.

Immediate Suspension
Institution of Disciplinary Proceedings
Onstage Inquiry and Onus
Disciplinary Proceedings

Having read the letter that seems to have been the basis to confer legitimate authority to a Branch Executive Committee (BEC) in 2012 to suspend a member, I believe that the following legal and constitutional principles were clearly offended:

1. Right to a fair hearing

2. Right of an accused person

3. Right to equality and non-discrimination

4. Right to access to information (e.g. reasons for attending a disciplinary hearing or reasons for a determination to be temporarily suspended)

5. Right to administrative justice (where no express (written) authority arises from NEC to BEC)

From the suspension letter attached, it is clear that the said offences against Mawere occurred in the region that Mr. Marero is a party office bearer with oversight over the ward in question and so, it would be interesting to establish the issue of adhering to the constitution when the suspension matter in discussion proves the contrary.

Below is a thread of a conversation that I held with Mr. Mawere relating to his suspension from the ANC as part of our literacy project that is being promoted by the 1873 Network and 1873 FM.

Initially, I was skeptical and cynical about the observation by Mr. Mawere that illiteracy is pervasive resulting in fatalism and apathy, but now I recognize that illiteracy could be the roadblock to building a culture of tolerance and inclusivity.

I am learning to tell the story as it is without shading facts with my own perceptions since I come to know that all too often I would like to question facts as they occurred forgetting that history does not repeat itself.

Here we are talking about a story that occurred some 8 years ago yet I had no idea that such facts existed which have a direct bearing on the future of non-South African born citizens’ participation in civic matters.

After you read the thread below, you may be persuaded to be part of this community building enterprise.

[11/6, 2:02 PM] Brian Manyati: Was this suspension related to your political party finding out that you had been specified

[11/6, 2:03 PM] Brian Manyati: If not so, which other disciplinary rules had you broken?

[11/6, 2:04 PM] Mutumwa Mawere: Just read the facts in it. And then try to answer a question that you think is pertinent. What is this question?

From the above it is visible I practically were lights out as regards the focal point, but already I had expressed willingness to dig by going all out to ask after seeing the posted images of the suspension letter and clauses of the ANC Constitution. Did I quickly establish the question/s? No, neither did I establish the problem statement immediately, it took me time as evidenced by the exchanges that went on below:

[11/6, 2:09 PM] Brian Manyati: I kindly am not seeing the charge/s laid for the temporary suspension from the ANC Constitution’s sections 25.9 to 25.16

[11/6, 5:55 PM] Mutumwa Mawere: Is this not part of the first story?  No charge sheet yet suspension is a competent remedy. Just read the facts and the constitution. On suspension

[11/6, 7:26 PM] Brian Manyati: You got suspended in absentia. So they used section 25.12c

[11/6, 9:21 PM] Mutumwa Mawere: Who has the power to suspend?

[11/6, 10:07 PM] Brian Manyati: Provincial Disciplinary Committee on matters not involving the National Disciplinary Committee. Am not sure if a branch executive committee is the same as a provincial disciplinary committee. But branch and province are pretty different.

At least bit by bit I were getting the gist of it all. So far I had managed to bring out that per the ANC Constitution the powers to hold a disciplinary hearing were bestowed on the National Disciplinary Committee flowing down to the Provincial Disciplinary Committee. Albeit, from the deposited image of the suspension letter the Branch Executive Committee had held the disciplinary hearing and metted out a sanction. Therefore, a bit more question and answer prevailed as follows up until the questions to attend to or answer were now at hand:

[11/6, 10:59 PM] Mutumwa Mawere: Do you agree that only a PDC has jurisdiction?

[11/7, 8:17 AM] Brian Manyati: Not necessarily since on 25:13e it’s written that the National Executive Committee may give authority to other structures to institute disciplinary proceedings. Could be the clause from which branches find themselves with authority.

[11/7, 8:17 AM] Mutumwa Mawere: Who should receive permission?

[11/7, 8:37 AM] Brian Manyati: It is not permission granted to other structures to institute disciplinary hearings, it is authority. This is why some 25.15 and 25.16 I am reading underpin that a disciplinary committee (could be a NEC or PDC or other structures e.g branch level) that has conducted a hearing per the Constitution and gets to a guilty verdict, sanctions, after considering mitigatory evidence.

[11/7, 8:42 AM] Brian Manyati: Permission is approval, if approval entails authority then it may be one and the same thing. Authority is outright power to Act as the NEC would, in those lesser circumstances e.g at Branch level, meaning a branch level decision is binding on the NEC or PDC up, so long the Constitutional provisions have been met.

[11/7, 8:48 AM] Mutumwa Mawere: What are the facts in the letter of suspension? Try to focus on the facts before trying to import your own.

[11/7, 8:53 AM] Brian Manyati: May I read further the proceedings that took place on the 27th of May of 2012, where what was tabled out of the temporary suspension, would give further guidance to the presenters? From what was tabled on the 27th may come out facts or not.

[11/7, 8:54 AM] Mutumwa Mawere: Just stick to adherence to the constitution in relation to the facts contained in the said letter.

[11/7, 8:57 AM] Brian Manyati: So far I have established that indeed a branch level structure may constitutionally conduct a disciplinary hearing with the authority of the NEC, and that not only a PDC has jurisdiction per section 25.13e. Hierarchy wise NEC stands superior.

[11/7, 9:29 AM] Mutumwa Mawere: But what is the question that needs to be addressed and answered.  It would help if we focus on the question and answer. I always get lost in many of our conversations. I thought you would read the letter of 27 May in the words it is written.

[11/7, 9:36 AM] Brian Manyati: The question is if at all the temporary suspension was wrongly constituted by a structure of the ANC that is without jurisdiction on the disciplinary matter that was at hand?

[11/7, 9:38 AM] Mutumwa Mawere: What are the facts before you determine this? Is it fact that a meeting of the BEC met and resolved to suspend without informing the affected party and without the knowledge of the parties vested with the power to make decisions on disciplinary matters in relation to members?

Brian and Mutumwa`s Chat Room is a zwnews24 column on an interview series between businessman Mutumwa Mawere and 1873 Radio`s Brian Tawanda Manyati (BTM) under the Connections2Communities (C2C) Conversations.

In these interviews, Brian and Mutumwa talk about various issues that happen across the spectrum of human life in order to raise community awareness and participation towards societal development.

Brian Tawanda Manyati is a Chartered Governor and an Accounting Technician who is also a member of the Connections2Communities (C2C) initiative which seeks to build community power in solving problems especially through mentorship as well as corporate and civic literacy programs.

Contacts:         LinkedIn – briantawandamanyati

Email: tawandamanyati@gmail.com

+263772815211

In order to register for C2C Mentorship, you can click on the following link https://zonfulenergy.com/membership/

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Business

The Corporate Laboratory – SMM’s Ruins and The Untold Story of General Beltings

zwnews24 Editor

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The role of the Zimbabwe Stock Exchange in promoting and protecting the rights of shareholders of listed companies has oftentimes escaped public scrutiny thus permitting corporate absurdities such as the General Beltings Pty Limited transaction.

General Beltings is a listed company in Zimbabwe and in 2004, it was a subsidiary of SMM Holdings Private Limited (SMM), an entity which was wholly owned by SMM Holdings Limited (SMMH).

SMM on its own was registered and operating in terms of Zimbabwean laws. 

Even though SMM was a company operating in terms of the Companies Act, it is interesting and puzzling to grasp why a decree was promulgated allowing SMM’s shareholder and directors to be divested and deprived of the right to control and direct their company.

For example, an Administrator, Mr Gwaradzimba, was appointed by the then Minister of Justice, Chinamasa, to assume the control and management of SMM on 6 September 2004. 

This law not only offends the constitutional doctrine of the separation of powers but allowed the Minister of Justice to unilaterally and arbitrarily identify companies that he deemed in his sole discretion to be an associate of SMM to be targeted and victimized.

This was the fate of General Beltings which found itself under the control of an Administrator without following any due process of the law. 

Even though there are glaring and flagrant violations of corporate rights in the SMM and General Beltings saga, it boggles the mind to note that both in parliament and in the media, appropriate legal and constitutional questions pertaining to these economic maladies are not being raised.

A case in point is the key legal question on whether one company can be found guilty simply on account of perceived and not tested association. 

With respect to the constitutional muster, can a law that divests and deprives rights pass this test? 

It should not only be those with a keen eye and passion for entrepreneurship who see that that Zimbabwe ‘second dispensation is still legally and politically immoral since it does not allow people to appreciate the centrality of the rule of law in delivering the promise of prosperity. 

For example, the presumed purchase of shares held by the captured SMM is a calculated corporate heist which those that are responsible for protecting the rights of businesses and individuals can be found to be complicity in undermining the rule of law. 

This kind of vulture capitalism exposes the moral bankruptcy in the public when it comes to corporate matters and this in helps to hamper the development of the country since investors are a people with a keen interest on in subtle developments that have an impact of their money.

As such, if they witness corporate heists in a country, they become cautious and hesitant to invest and so under such circumstances, they tend to take their funds somewhere else where the rule of law abides and where investment has a greater probability of using good returns.

Under the Corporate Laboratory, we study and analyze corporate developments with a view to understand business circumstances and their impact to the economy and to the general public.

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