1240 Central Avenue | Memphis | TN 381104-4707 | Email: jurol@***********.za
30 April 2023

The Honorable Antony Blinken U.S. Department of State 2201 C Street NW Washington DC
20520
Dear Honorable Antony Blinken,
1. I am a member of the Banking on Africa’s Future (BOAF) – Justice Under Rule of Law (JUROL), an initiative that aims to promote, protect and uphold the rule of law in Africa as a sine qua non for shaping and defining the AFRICA I WANT.
2. It is regrettable that the sanctions imposed on Zimbabwe in 2001 not only been ignored by the people that need to benefit from the law and its protection but the people who use public power with impunity to undermine the rule of law.
3. You will appreciate that even a key strategic interlocutor like President Ramaphosa’s position on the ZIDERA Act as a disincentive for conduct that is inconsistent with s2(1) of the Zimbabwe Constitution as read with s2 the Constitution of South Africa is that sanctions must be removed without putting any countervailing measures to give life to the protection and accountability measures that are entrenched and enshrined in the constitution of Zimbabwe.
4. It is trite that s(2)(1) of the constitution of Zimbabwe reads as follows:
“This Constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency.”
5. It is instructive that although the constitution of Zimbabwe provides that the supreme
law of Zimbabwe is the law of the land, in truth and fact, President Mnangagwa’s conduct is inconsistent with the constitution including the appointment of persons like Ambassador Uerbert Angels and many other in relation to public policy matters.
6. As an American citizen of Zimbabwean heritage, it is chilling that since 2001, the laws, practices, customs and conduct of not just the President but other public office bearers have been overtly offensive and repugnant to the rule of law with impunity.
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7. You will be pleased to take notice that sanctions have been reduced to a laughing stock by the generality of the Zimbabwean public but have also been weaponized to deny and limit the democratic space.
8. As a member of JUROL, I am alive to the tricky pathway to remove the climate of fear underpinned by ignorance on what the purpose and cause of the US imposing sanctions on a country that urgently needs help yet no external help will materially alter
the trajectory of decay when public power is the preferred weapon to undermine the constitution and the rule of law.
9. I am writing this letter having been authorized by my organization to do so in terms of s2(2) of the Constitution that reads as follows:
“The obligations imposed by this Constitution are binding on every person, natural or juristic, including the State and all executive, legislative and judicial institutions and agencies of government at every level, and must be fulfilled by them.”
10. It is not in dispute that I like many Zimbabweans who have now naturalized as citizens of the USA and are contributors to the fiscus like many other Americans, owe a duty to the constitution of Zimbabwe to ensure that the duty to obey, respect, uphold and defend the constitution as the supreme law of Zimbabwe is binding upon all of us.
11. To the extent that the sanctions were imposed to compel all people of Zimbabwe to fulfill the obligations imposed by Zimbabwe’s own constitution, we feel that it is about time that we step forward to register our position on the validity, morality and legality of the targeted sanctions.
12. We hold the view that the constitution’s prescription is direct to the person and sanctions that speak to the foundational values of the constitution cannot succeed without the buy in of the people most affected by tyranny, corruption and ill-governance.
13. You will be aware that Zimbabwe caused the SADC Tribunal to be disbanded and more importantly, absent this institution, none of the SADC member states including the AU members have failed, refused and neglected to nudge Zimbabwean public office bearers to be accountable to the constitution in shaping and defining the personality and character of Zimbabwe.
14. Against this backdrop, I am pleased to share on behalf of JUROL, a landmark application launched in the High Court of South Africa under Case Number 2023/ 031777, that a subsidiary of The Coca Cola Company (TCCC), Coca Cola Africa Pty
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Limited (CCA), a company incorporated in the Republic of South Africa as a private company that is wholly owned by TCCC.
15. At issue in this matter, is the constitutional question of whether President Ramaphosa has in terms of s83(b) of the Constitution of South Africa a duty to uphold, defend, respect and obey the Constitution by appointing a Commission of Inquiry in terms of s84(2)(f) of the Constitution to investigate the allegations that TCCC paid a
bribe of US$2.7 million to Chinamasa, Mnangagwa’s ally in relation to not only the coup but in relation to the divestment and deprivation of property and human rights.
16. I was shocked that TCCC openly admitted being party to criminal and fraudulent scheme that resulted in the payment of US$2.7 million as part of an orchestrated scheme to pay for a government gazette that was issued by Chinamasa to cancel a non-existent reconstruction order purportedly issued in relation to Schweppes Zimbabwe Limited (SZL) and Fidelity Life Assets Management Private Limited (FLAM), another Zimbabwean company in which TCCC had no legal nexus with except that this company was used to warehouse shares for indigenous Zimbabweans to participate in on listing.
17. I was also shocked that CCA stole the equipment that was purchased by Africa Resources Limited (ARL) from South African vendors by purporting to make a double payment for the equipment and the specific crimes relevant in this aspect of the scheme include the following:
The crimes that may be relevant or competent in this case include:
Fraud
Theft
Larceny
False pretenses Receiving stolen property
Conspiracy.
18. Notwithstanding the above serious crimes, CCA, an American company has chosen to take sides with President Ramaphosa, a staunch supporter of the Mnangagwa regime to oppose the relief sought for an independent and impartial investigation to be conducted in the interests of justice that will expose the corruption that Mnangagwa has already admitted under Case Number CCZ34/21 that was the driving force behind it.
19. He has asserted boldly under oath in the above matter that he is fixed with the knowledge of this matter including the facts and circumstances surrounding the
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extortion of equipment of ARL and its associates whose relationship with the equipment was divested and deprived with his constructive involvement.
20. I am informed that President Ramaphosa has chosen to protect President Mnangagwa by refusing, failing and neglecting to appoint the Commission of Inquiry as he compelled to do.
CONCLUSION
21. I am confident that you are aware that cause supporting the US sanctions has been misconstrued to mean that the sanctions were solely imposed to protect white Zimbabwean settlers and as such rule of law concerns were imported into the cause solely to reverse the gains of the liberation war.
22. In the circumstances, we have been attacked as apologists for imperialisms and neocolonialism when we assert that sanctions serve a legitimate purpose especially with the victim of the regime have no other remedies available to hold recalcitrant public office bearers to account for the use of public power in undermining the rule of law.
23. In this instant matter, you will note that shocking facts are contained in the court depositions before the High Court of South Africa in which President Ramaphosa is the First Respondent.
24. The facts therein expose the complicity of not only President Ramaphosa but the entire SA justice system in so far as the bold assertion of rights acquired by force of a law that is inconsistent with both the Constitution of SA and Zimbabwe plus international law.
25. It is trite that any law that offends public policy is no law at all.
26. To the extent that TCCC acquiesced to a law that is barbaric and satanic including
being against the spirit and letter of ZIDERA, I have taken the liberty to copy this letter to Chairman & President of TCCC as well as President Ramaphosa.
27. I am available to furnish more details should this be necessary especially given that so far the targeted persons have exclusively been black Zimbabweans.
28. I trust that you will find this in order.
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Regards,
Mr. Devine Mafa
(President: JUROL – NORTH AMERICA Chapter)
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