By Mari Matutu | Some time last year 2020, I met Professor Lovemore Maduku at Port Elizabeth International Airport. He wanted a lift to Grahams Town which is some 140km away from Port Elizabeth.

He got into my car. Then we started to chat. That is when he told me he was attending his nephew’s graduation at Rhodes University.
I asked a simple question in Shona. “ Munonzwa sei kana imi muchiwinza vana venyu kuzvikoro zvekuno isu vedu vachidzidza kuzvikoro zveZimbabwe?” . He got very angry. Immediately he said “drop me!” He said he was not safe with me.
I had no gun and did not insult him. To me he was a teacher at our institute of Higher learning. He would be the first to trust Zimbabwe’s institute of learning. I still want to hear why he felt unsafe to go with me after I asked that simple question.
Two days ago he comes out on twitter showing concerned about results of grade 7. In his words he says “The less than 38% pass rate for the 2020 Grade 7 results causes me pain. It is a national disaster. I am what I am because of a solid primary school education. The results are a call to national duty: I will find a way of contributing to the improvement of our education system.”
If memory serves us all Madhuku and zanu pf locked the whole nation in doors while they strip of Chamisa’s power.
They abused the SC ruling on a moot case for 9months until Mwonzora was elected as president of MDC T.
He forgot grade 7 wanted to attend classes
Imagine if Madhuku as a Professor of law had chose to stand for the people and use his education for benefit of country and openly stated this
1) In Western Cape Department and Another v George, the court held that the practical effect need not be restricted to the position between the parties but can also include a practical effect on a matter of public interest or to resolve conflicting High Court judgments.

It is clear to us all that High Court order 4 was flawed. It did not address a lot of questions on how an Extra Ordinary Congress should be convened should a president die and 12 months lapse without any EOC being held. SC by principle of mootness had to give a determination that is of practical use in future case but the present case has been rendered moot. Who can miss this? He chose to mislead nation and close school to advance interest of a moot determination. Crime

2) The Constitutional Court of South Africa has held That its discretion must be exercised according to what the interests of justice require. In the case of the Independent Electoral Commission v Langeberg Municipality this Court held the following: “A prerequisite for the exercise of discretion is that any order which this court may make will have some practical effect either on the parties or on others.”

Who is blind that the court gave the determination because it had some practical effect on other members of the party but could not have practical effect of electing a replacement of Tsvangirai. The practical effect of electing a replacement of Tsvangirai was already declared moot by the same court. How could Madhuku advise Khupe to practically implement that which the court has declared moot? He chose to close schools in order to fix Chamisa in order to advance a moot determination as if it is live.

3) The same Court held further that relevant factors in utilising its discretion may include the practical effect an order may have, the importance of the issue, its complexity and the fullness or otherwise of the argument advanced.

It was clearly stated by Justice Patel that one day MDC may rule the country all he was doing was to build a bridge. As for the matter before him it water under bridge.

I pity such Professors who have information that should help the nation but choose to abuse the ignorance of the nation and close every sector in order to execute a crime.

I pity such Professors who fail to realise how the integrity of courts is to a democracy. Imagine a judgement by respected judges being labelled dubious or corona judgement. All thanks to a great teacher of law who cheat the nation and try to practically implement a moot determination.

When he ask how grade 7 children have failed exams, I wonder where his mind was all these 9 months?
How did he expect them to pass when he closed everyone in doors and allow his plan to strip off Chamisa’s “clothes” to work.

Think about other results beside grade 7 which need attention. The hospitals, tourism, transport, industry , parliament, councils all have some results you miss because of your action.

As for grade 7 result, do not worry. Wait and see if you get enough 15 points to make up your own class.

Musapisa sango muchitevera shindi imwe yapinda mumusingwi Va Madhuku.

I still have the same question to you, “ how do you feel when you send your own kids to school outside Zimbabwe.

I remind the arrest you initiated against Adv Fulcrum. You thought he was working on a case to bring this on.

For your own information I am fully aware that you have captured most legal firms and your ears have been on the ground to abuse any lawyer who work on this challenge.

I respect you Justice Patel, Justice Garwe and Justice Guvava. Your judgement was High above board. You correctly interpreted principle of mootness. The Judgement correctly state other cases that also gave determinations on moot case.
You clearly stated the present matter was moot and notwithstanding of that political mootness it was imperative that you give an authoritative determination of the appeal for interest of justice.

Madhuku soiled your integrity before the ignorant citizen. He committed crimes under your name.

I feel someone must stand up to defend you.
As he now see the decay in education system, it is time he also see the decay he is bringing to judiciary.

I still wait to see if the HC judge writing a judgement on MPs recalled from parliament based on this moot case will defy your own judgement and allow it to go again before you.

I also thank you for correctly extending the time frame of holding of an EOC not because it was practically possible for Khupe to hold the EOC but because in future it is practically possible for someone to come and seek extension of holding the EOC. For that simple reason you were correct in applying the principle.

As we mourn the decay of our education system , thanks to the Madhukus, my heart feel we need to see all the decay these Madhukus have directly and indirectly caused.

Grade 7 results was a result that opened a fool’s eyes.