By Own Correspondent| Opposition MDC has blasted presidential spokesperson George Charamba for his statements placing responsibility to the party for injury or damage to property arguing that it was the duty of police to protect protestors.

In a statement, MDC said:

Our attention has been drawn to media remarks by Mnangagwa’s administration through George Charamba, Deputy Chief Secretary to the President and Cabinet (Presidential Communications), who also doubles as the Presidential spokesperson, who is reported to have said the “onus is on the MDC to ensure there was no injury to life and damage to property” during the people’s demonstration organised by the MDC for this Thursday against the administration’s failure to turnaround the deteriorating economic situation in the country.

The MDC notes with grave concern that Mnangagwa’s administration has in recent weeks been coming out in its full Stalinist colours with all manner of gestapo threats to citizens ranging from plans to illegally withdraw licences from retailers and pharmacies struggling to survive under impossible operational conditions created by the administration; to prosecution of citizens under medieval insult laws on outrageous allegations of undermining the authority of the President; to brutalisation of honourable Members of Parliament for not standing up to honour the President in Parliament.

There’s a de javu ring to this palpable Stalinist wave sweeping across the country to the detriment of the constitutional rights of the people. Zimbabweans have seen it all too many times over the last 38 years of Zanu PF’s entrenched misrule.

While Mnangagwa’s administration claims to be a Second Republic underpinned by new freedoms for the people, its Stalinist streak shows that it is just a Second-hand Republic in the same old order whose first hand was Robert Mugabe. Nothing has changed. In fact, things are getting worse as Stalinist tyranny becomes the order of the day.

Regarding the people’s demonstration set for this Thursday, Mnangagwa’s administration must respect the clear provisions of s59 of the Constitution which stipulates that “Every person has the right to demonstrate and to present petitions, but these rights must be exercised peacefully”.

While, as always, the MDC is committed to a democratic and peaceful demonstration, there’s nothing in the Constitution or in any statute that places the responsibility for maintaining law and order on peaceful demonstrators or petitioners.

The Stalinist claim by Mnangagwa’s administration that “our laws place a burden on the organisers of that demonstration to make sure there is no injury to life, limb or property” is patently unconstitutional, false and sinister.

Section 219 of the Constitution of Zimbabwe clearly and squarely places the responsibility of “protecting and securing the lives and property of the people”, and “maintaining law and order” on the Police Service which is required to discharge its responsibility by being “non-partisan, national in character, professional and subordinate to the civilian authority as established by [the] Constitution”.

The sinister intentions of Mnangawa’s administration are betrayed by its unconstitutional and scandalous charge that, because the MDC has called for the demonstration, “…we [the administration] will assume that all demonstrators belong to them [the MDC].

So, we hold them fully and squarely accountable. They are liable jointly and severally.” Given the clear provisions of section 219 of the Constitution on who is responsible for protecting and securing lives and property of the people, these are the shameless views of a Stalinist administration that is going rogue.

Law abiding Zimbabweans have been forewarned that Mnangagwa’s administration is planning to infiltrate the demonstration on Thursday to threaten lives, security and property of the people as part of the administration’s unconstitutional and sinister intentions to deny the people their right to demonstrate and present petitions peacefully.

The people and international community should take note of the threats conveyed through Charamba and hold Mnangagwa’s administration accountable in terms of the Constitution and relevant international law.

The Onus is on the police to tell the MDC if there are people who want to infiltrate and cause commotion – that is why we notify the police in advance.

It is the same police that has to protect the MDC demonstrators from agent provocateurs who may be placed in our midst. It is them who are constitutionally enjoined to ensure every demonstrator is safe while they are demonstrating.

They must facilitate the constitution and not threaten or frighten us from demonstrating.

In any case, anyone who damages property has personal liability. Our intention in the demonstration are as contained in the letter we gave to them and ours is to peacefully demonstrate.

Anyone who does anything contrary to what we wrote is not part of us and it is therefore, incumbent upon the police to stop and arrest those particular individuals.

By Paul Nyathi|ZANU-PF candidate Obert Mutandinda Simunye romped to victory in the Chegutu Ward 16 by-election on Saturday to reclaim the seat left vacant following the death of Councillor Silas Chikati.

Cllr Simunye garnered 326 votes to beat Norwell Tichaona Muchenje of the MDC-Alliance, who got 89 votes and Patricia Mapfurira of the National Constitutional Assembly, who picked up just 13 votes.

There were three polling stations in the ward at Mbuya Nehanda Clinic, Mukwasha Primary School and Waze Primary School.

At least 430 people turned up to vote, representing 56,2 percent of registered voters.

Zimbabwe Electoral Commission Mashonaland West provincial elections manager Mr Austin Ndlovu said the elections went on smoothly.

“It was a very peaceful election with isolated and unsubstantiated cases of alleged intimidation which were unanimously dealt with during our multi-party liaison committee meetings. The commission delivered a credible election,” he said.

Mr Ndlovu said voting started and ended on time, with only two votes being rejected, representing about 0,5 percent of the total votes cast.

The seat became vacant when the incumbent caouncillor died in a road accident days after being elected in the July 30 harmonised elections.

A Buhera woman who went into a bush to have sex with her married lover was left disfigured after hyenas attacked the pair. Jeserinda Mashatise (48) who resides near Nechava School had half of her face munched by the pack of scavengers.

Mashatise left her home informing her husband that she was going to the borehole to fetch water. She went to meet her lover Dickson Ham andishe (44) and they went into a bush for a quickie. While they were having sex a pack of hyenas pounced.

Hamandishe fled naked and climbed up a tree for safety leaving the animals to feast on Mashatise. Herdsmen who had Mashatise’s wails rushed to the scene to assist. They threw stones and used a bow and arrow to scare off the animals. One of the hyenas was killed. Mashatise is in intensive care at Murambinda Hospital.

-ZimbabweMail

A nurse who claimed she was “showered” with luxury gifts by her wealthy fiancé hurled her engagement ring across court as she was ordered to pay him back more than £100,000 (US$127,000).

Zimbabwe-born Trish Garikayi, 37, claimed she was a “kept woman” during her six-year relationship with 58-year-old businessman Wisdom Penfold, receiving presents including a Porsche 911 and a £100,000 diamond bracelet from Mayfair jewellers Aspreys.

Wisdom Penfold was hospitalised after finding Zim nurse in bed with another man.

However, Penfold insisted Garikayi “misappropriated” money while he was blinded by love, spending large sums that he had earmarked for them to buy a home together.

The couple split in 2015 when Penfold found her in bed with another man, leading to a bitter court fight over money.

Judge Alexander Hill-Smith recently ruled in Penfold’s favour, ordering Garikayi to pay back £116,000, hand over 20 per cent of her £340,000 home, and settle £62,000 of legal bills.

Zimbabwe-born nurse Trish Garikayi
After the judge said Miss Garikayi had her “eyes firmly on winning the case” and he did not believe her evidence, she took off her £2,500 engagement ring and threw it across the courtroom towards Penfold.

The businessman, a tree importer and exporter, calmly picked up the discarded jewellery and handed it to his solicitor.

Central London county court heard the couple got together after meeting in a hospital cafe in 2009, and they became engaged four years later.

But Penfold was left devastated when he returned home in 2015 to find Garikayi in bed with another man, and was so shaken up he needed to be rushed to A&E.

Garikayi claimed the couple had already split, but Judge Hill-Smith said he believed Penfold’s “compelling” account of the end of their “perfect” relationship.

The court heard £218,000 had been paid into Miss Garikayi’s account after Penfold sold two investment properties, but she insisted it was a gift because “if I wanted something, I would get it”.

“The nature of the relationship was one where Penfold bestowed and showered Garikayi with lavish gifts”, argued her lawyer Chike Ezike.

It was claimed Penfold whisked her away on luxury holidays to Paris, Spain, Indonesia, and Dubai, and bought her a Porsche, a BMW and a Mercedes and the £100,000 bracelet.

But Penfold denied being so generous:

I think if I gave £100,000 for a bracelet I would quite remember it. I think it would be welded in my brain for the rest of my life.”

He accepted buying Garikayi presents, including a Burberry coat and Jimmy Choo shoes, but denied handing over large sums of money or ever buying her a car.

His barrister Richard Alford said Garikayi insisted on the £218,000 deposit into her account to mark “the seriousness of their relationship”.

“He did as requested, instructing her that the funds were to be held in the account and not used unless he said so”, said Alford.

However, Garikayi then spent money on herself, including £91,000 to buy a property in Harare without his permission, the court heard.

The judge ruled that Penfold had also paid a £35,000 deposit on Garikayi’s property in Guildford which she bought for £275,000 in 2015, and funded refurbishments and two mortgage payments. This spending now entitled him to a share of the property.

The judge said the Zimbabwe house purchase was “in breach of trust” as he ruled in Penfold’s favour on his financial claims.

Garikayi now has six months to buy her ex out of the Guildford property or it will be sold and the proceeds divided.

Following the ruling, she was ordered to pay £30,000 of Penfold’s legal costs within three weeks and was told lawyers will seek to ultimately double that bill.

— Standard UK

Own Correspondent|Tawona Shadaya who has been up and down the court in Harare after retweeting a tweet allegedly written by ZEC Chairperson Priscilla Chigumba has been set free by Harare Magistrate.

Shadaya saw the magistrate remove his case from trial after Chigumba failed to appear before the court to testify against him.

The State led by prosecutor Sebastian Mutizirwa had long indicated that it would serve Chigumba with the State papers so she could testify in court but it was to no avail.

Until Chigumba comes forward to testify, Shadaya is a free man and if there are any changes, the State will proceed by way of summons to him and this is highly unlikely.

The State alleged that Chigumba failed to come because the police could not furnish her with the court papers even after they had made efforts to do so. The State pleaded with the court to grant them a further postponement of the matter.

However, Shadaya’s defence counsel had put the State on notice and as they had promised, they made their application opposing further postponement and for the matter to be removed from remand.

“We opposed to the State’s application since last time we notified the court that if the complainant failed to appear before court to stand as a witness we cannot proceed but seek that the accused should be removed from remand.

“The State has been making the same excuse and there is no guarantee that the complainant is going to avail herself before court. When the state is ready they should call us and we will be available,” he said.

Shadaya was being represented by Zimbabwe Human Rights Lawyer Noble Chinhanu. Initially Shadaya had pleaded guilty indicating that he had been drunk when he retweeted the tweet, but he successfully applied to change his plea to a not guilty one. During their application for change of plea Shadaya’s defence counsel submitted that his only crime was retweeting a tweet which he believed to have originated from Chigumba herself.

“In the event that the retweet was from a legitimate account, then there is no offence to talk of, he would have simply repeated what Chigumba would have said and that is not an offence.

“He is not facing charges of creating the ‘fake’ account and tweeting anything under the guise that he is Chigumba, all he did was simply retweet what had been said and he did not edify the message.”

It is the State’s case that sometime in August, an unknown person created an account in the name of Chigumba, the complainant in the case.

In the same month Shadaya allegedly retweeted an offensive message from the account. It is alleged that his conduct soiled Chigumba’s dignity. Chigumba was allegedly alerted by a friend who came across the message on Twitter. She however denied having a twitter account.

THE Supreme Court yesterday confirmed the death sentence on a Binga man who axed his wife 11 times and chopped off her head before hiding it in a cardboard box following a domestic dispute.

Wonder Munsaka (33) of Zenka Village under Chief Siabuwa was last year convicted of murder with actual intent by Bulawayo High Court Justice Nokuthula Moyo and sentenced to death by hanging.

Munsaka axed his wife of 10 years, Fortunate Mutale (23) on the forehead, right palm and finger before chopping off the head in October 2014.

Supreme Court judge Justice Antonia Guvava sitting with Justices Rita Makarau and Francis Bere on circuit in Bulawayo dismissed his appeal, saying the bench was satisfied that Justice Moyo could not be faulted for passing a death sentence given the circumstances under which the offence was committed.

“The assault upon the deceased was vicious and protracted and the injuries were inflicted by the axe and directed at her head. The appellant struck the deceased no less than 11 times,” said Justice Guvava.

She said Munsaka’s version of events was contradictory, an indication that he changed his story as the trial progressed Justice Guvava said Justice Moyo’s exercise of discretion to impose the death penalty in the circumstances could not be impugned since the murder was committed in aggravating circumstances.

“The murder was committed in aggravating circumstances. Accordingly, we are of the unanimous decision that the appeal both against conviction and sentence lacks merit and it is hereby dismissed,” she ruled.

Munsaka, through his lawyers Shenje and Company, conceded that the conviction was proper. He however, sought an order for a life imprisonment, arguing that the sentence imposed by the High Court induced a sense of shock.

“Wherefore, the appellant seeks to impugn his sentence and pray that it be set aside and substituted with a sentence of life imprisonment,” said Munsaka’s lawyers.

Chief Public Prosecutor Mrs Tariro Rosa Takuva, in her head of argument, said the death sentence was proper since the murder was committed under aggravating circumstances.

“It is common cause that the murder was accompanied by mutilation when the appellant relentlessly struck the deceased with an axe to the point of decapitating her head. The murder was committed in aggravating circumstances and the death sentence is therefore appropriate in the circumstances,” she argued.

According to State papers, on October 7 in 2014 at around 9PM, Munsaka and his wife had a domestic dispute at their matrimonial homestead.

He got angry and struck his wife using an axe once on the forehead, right palm and finger and behind the right ear. Munsaka also struck her on the upper lip and nose.

During the scuffle, Mutale bolted out of the kitchen screaming for help with her husband in hot pursuit.

She fell down and Munsaka chopped off her head with the axe. He put the head in a large cardboard box and hid it under their bed.

After committing the crime, he went to Nabusenga Dam where he washed his blood-stained clothes and the axe.

Ms Agnes Mutale, a neighbour who heard the deceased screaming for help went to Munsaka’s grandmother, Ms Mavu Mwinde’s homestead and notified her.

Ms Mwinde went to her grandson’s place and found the deceased’s body lying in a pool of blood in an open space in the yard and the head was missing.

A report was made to the police who combed the house and found the head hidden under the bed.

According to post mortem results, the cause of death was spinal cord injury, decapitation, chop wound and homicide.

Munsaka took his two minor children to his parents’ home where he intended to leave them before he could proceed to Zambia.

However, when he returned he found neighbours and the police officers gathered at his homestead. He tried to flee but was apprehended by the police officers.

Prior to the trial, Munsaka in 2014 claimed that he was mentally unstable prompting the courts to send him to psychiatrists for examinations.

Dr Nemache Mawere, a psychiatrist who examined Munsaka concluded that he was mentally stable.

State Media

Correspondent|HERBERT Shumbamhini, the owner of Devonia Farm situated along the Mutoko Road in Goromonzi district, has been taken to the High Court by the Zimbabwe Electricity Transmission and Distribution Company (ZETDC), over an unpaid electricity bill of $54 857.

“The defendant (Shumbamhini) is indebted/liable to the plaintiff (ZETDC) in the sum of $54 857,28 being charges in respect of power/electricity supplied by the plaintiff to the defendant at the latter’s special request and instance in terms of the running electricity supply contract between the two …,” the ZETDC said.

“The defendant has failed, neglected and/or refused to pay the above sum/amount despite demand.

“By reason of the said failure, neglect and/or refusal to pay the above sum/amount, the defendant is obliged to pay the same with interest thereon at the prescribed rate which is currently 5% per annum.”

According to court papers, Shumbamhini is yet to respond to the litigation.

Divonia Farm is located near Juru Growth Point. In 2014, Mugabe’s in-laws, the Chikores, took over about 600ha of Divonia Farm before elbowing out their neighbour, Shumbamhini, as they extended their hectarage.

Shumbamhini, who is also the ZANU PF Mashonaland East political commissar, became homeless after the invasion of the 350-hectare sub-division of Divonia Farm.

When President Emmerson Mnangagwa came tovb power, Chimhini took back the farm. He was currently resuscitating the infrastructure that was allegedly vandalised during his absence when the ZETDC slapped him with a lawsuit.

A number of politicians have been taken to court over chocking bills to utility providers in the past few months.

Last week, ZETDC approached the High Court seeking an order to compel Mkwasine Estate to garnish losing MDC Alliance candidate for Mwenezi East, Kudakwashe Bhasikiti’s sugar cane account over an unpaid $133 000 electricity bill.

Negligence by doctors at Parirenyatwa Group of Hospitals which resulted in a patient suffering a bile leak has proved costly after the High Court ordered the public institution to pay damages amounting to $27 890 in expenses plus R252 546.

The hospital was jointly sued with the Ministry of Health and Child Welfare, surgeon Dr Edwin Muguti and the Medical and Dental Practitioners Council of Zimbabwe.

Mrs Patricia Singizi will now be compensated for pain and suffering as well as expenses incurred when she was transferred to South Africa for specialist treatment.

The woman, who was diagnosed with chronic cholecystitis due to gall bladder stones, underwent surgery called laparoscopic cholescystectomy at the hospital in 2015.

After the surgery, the woman was discharged, only to be readmitted a week later due to abdominal swelling.

Upon readmission, the doctors discovered that she had a bile leak, a condition that could only be managed in South Africa.

She was them referred to South Africa where she incurred medical costs to the tune of R206 146,50 plus R18 900 for accommodation among others.

Mrs Singizi and her husband Mr Samuel Singizi then sued the hospital for damages and medical expenses.

High Court judge Justice Phildah Muzofa last week ruled in favour of the couple and ordered the public hospital to pay damages amounting to US$27 890.

The judge further ordered the hospital to pay R252 546,50 for medical expenses incurred in South Africa and other expenses related to the trip.

During the proceedings the hospital accepted liability, but the parties addressed the court on the quantum.

The initial claim for US$40 750 and R328 900 for damages and losses suffered due to the hospital’s negligence was, however, reduced to US$27 890 and R252 546,50.- state media

The Supreme Court yesterday confirmed the death sentence on a Binga man who axed his wife 11 times and chopped off her head before hiding it in a cardboard box following a domestic dispute.

Wonder Munsaka (33) of Zenka Village under Chief Siabuwa was last year convicted of murder with actual intent by Bulawayo High Court Justice Nokuthula Moyo and sentenced to death by hanging.

Munsaka axed his wife of 10 years, Fortunate Mutale (23) on the forehead, right palm and finger before chopping off the head in October 2014.

Supreme Court judge Justice Antonia Guvava sitting with Justices Rita Makarau and Francis Bere on circuit in Bulawayo dismissed his appeal, saying the bench was satisfied that Justice Moyo could not be faulted for passing a death sentence given the circumstances under which the offence was committed.

“The assault upon the deceased was vicious and protracted and the injuries were inflicted by the axe and directed at her head. The appellant struck the deceased no less than 11 times,” said Justice Guvava.

She said Munsaka’s version of events was contradictory, an indication that he changed his story as the trial progressed Justice Guvava said Justice Moyo’s exercise of discretion to impose the death penalty in the circumstances could not be impugned since the murder was committed in aggravating circumstances.

“The murder was committed in aggravating circumstances. Accordingly, we are of the unanimous decision that the appeal both against conviction and sentence lacks merit and it is hereby dismissed,” she ruled.

Munsaka, through his lawyers Shenje and Company, conceded that the conviction was proper. He however, sought an order for a life imprisonment, arguing that the sentence imposed by the High Court induced a sense of shock.

“Wherefore, the appellant seeks to impugn his sentence and pray that it be set aside and substituted with a sentence of life imprisonment,” said Munsaka’s lawyers.

Chief Public Prosecutor Mrs Tariro Rosa Takuva, in her head of argument, said the death sentence was proper since the murder was committed under aggravating circumstances.
“It is common cause that the murder was accompanied by mutilation when the appellant relentlessly struck the deceased with an axe to the point of decapitating her head. The murder was committed in aggravating circumstances and the death sentence is therefore appropriate in the circumstances,” she argued.

According to State papers, on October 7 in 2014 at around 9PM, Munsaka and his wife had a domestic dispute at their matrimonial homestead.

He got angry and struck his wife using an axe once on the forehead, right palm and finger and behind the right ear. Munsaka also struck her on the upper lip and nose.
During the scuffle, Mutale bolted out of the kitchen screaming for help with her husband in hot pursuit.

She fell down and Munsaka chopped off her head with the axe. He put the head in a large cardboard box and hid it under their bed.

After committing the crime, he went to Nabusenga Dam where he washed his blood-stained clothes and the axe.

Ms Agnes Mutale, a neighbour who heard the deceased screaming for help went to Munsaka’s grandmother, Ms Mavu Mwinde’s homestead and notified her.

Ms Mwinde went to her grandson’s place and found the deceased’s body lying in a pool of blood in an open space in the yard and the head was missing.

A report was made to the police who combed the house and found the head hidden under the bed. According to post mortem results, the cause of death was spinal cord injury, decapitation, chop wound and homicide.

Munsaka took his two minor children to his parents’ home where he intended to leave them before he could proceed to Zambia.

However, when he returned he found neighbours and the police officers gathered at his homestead. He tried to flee but was apprehended by the police officers.

Prior to the trial, Munsaka in 2014 claimed that he was mentally unstable prompting the courts to send him to psychiatrists for examinations.

Dr Nemache Mawere, a psychiatrist who examined Munsaka concluded that he was mentally stable.- state media

About 20 suspected cases of cholera have been reported in Mt Darwin district in Mashonaland Central.

All sources were reported at Mukaradzi Mine with the majority of the affected being artisanal miners. All the patients are admitted at Mt Darwin District Hospital.

District Medical Officer Dr George Mapiye was said to be locked up in a series of meetings to ensure rapid response to the outbreak.

Correspondent|ZANU PF Secretary for Administration who is the former Minister of Home Affairs claims that opposotion MDC leader Nelson Chamisa conceded to him that he had lost the presidential election to ZANU PF candidate Emmerson Mnangagwa.

Giving evidence at the on-going Commission of Inquiry into the killings that took place in Harare on the 1st of August, Mpofu said that he spoke to Chamisa on the phone at the time when the registrations that led to the killings were taking place.

“Chamisa conceded to me that he had lost the elections and I have a recording of our conversation as I normally record all calls from suspect callers like Chamisa,” said Mpofu.

He promised to provide the recorded telephone conversation to the secretariat of the commission.

Jane Mlambo| Zanu PF Secretary for Administration, Obert Mpofu has trashed submissions made by MDC leaders, Tendai Biti and Nelson Chamisa saying only 10 percent of what they said was true.

Making his submissions before the commission of inquiry this afternoon, Mpofu said his party is the most disciplined and would never have engaged in violence.

“I can assure you any recommendations that will be given to Gvnt will be taken up,” says ObertMpofu

Linda Masarira is the spokesperson of the opposition Movement for Democratic Change led by Dr Thokozani Khupe.

WATCH VIDEO BELOW

“Uyakuthembeni, Gvnt is disappointed and embarrassed by this action hence the appointment of this esteemed Commission” Obert Mpofu Tells Commission.

WATCH VIDEO BELOW…

WATCH VIDEO LOADING BELOW…

Terrence Mawawa|Ms. Miriam Mutizwa, a member of the Friends of SMM (FOSMM), a not-for-profit organisation that was established to promote the rule of law in Zimbabwe, objected to the characterisation by the Attorney General of Zimbabwe, Mr. Prince Machaya, that a reconstruction order is certainly not akin to a judicial management order.
Below is an extract of Prince Machaya’s affidavit in opposing the application by FOSMM to have Reconstruction Act be declared as inconsistent to the Constitution and, therefore, invalid:

It is the AG’s considered view that the effect of the reconstruction order is akin to the concept of judicial management.
“Nothing can be further from the truth. How can an order issued issued in terms of the Companies Act, a law of general application, have the same force and effect with an order that is issued in respect of law that is devoid of any constitutional morality?” asks Mr. Mutizwa.
She further stated as follows: “This morning I was pleasantly surprised to see a posting in the FOSMM group by Hon. Settlement Chikwinya, who is a ranking member of the Parliamentary Portfolio Committee of Mines and Mining Development that the AG appeared before on 19 November 2018, that stated as follows: “Morning mukoma. I would not know about the attitude of the Chair outside the meeting but with regards to the collective attitude of the meeting we are all in agreement that the Act is not only a bad law but more so inconsistent with various positions of the constitution.”
What does the Companies Act say in relation to the circumstances in which provisional judicial management order may be obtained?  Section 299 of the Companies Act that reads as follows is instructive:

It is from the above that subject to s 300 of the Companies Act, it is only the court that can issue a judicial order.
Looking at s 300 of the Act, it is also the Court that has inherent jurisdiction to grant a judicial management order as follows:

However in terms of s 4 of the Reconstruction Act, it is the Minister of Justice who is vested with the power to issue a reconstruction in relation to a company as follows:

With respect to the reconstruction order, it is the Minister who is vested with the power to issue a reconstruction order in relation to a targeted company and issue the order by notice in the Gazette. It is also the case that the Minister in his unfettered discretion can issue an order before affording the target company an opportunity to make any representations.
The questions that arise include:

Whether an order issued by a Minister in his discretion without following the limitations imposed by the Constitution in relation to dispute resolutions can have the same force and effect as a judicial order that is issued in relation to provisions of the Companies Act?

Whether the rights and freedoms of shareholders entrenched in the Companies Act to appoint and remove directors can be divested at all outside the ambit of judicial involvement?

Whether the confirmation of an order issued by a Minister can be confirmed by a Court of Law without undermining the rule of law?

Whether a reconstruction order can and should have the properties that a judicial order has?

Whether the AG erred in boldly asserting to Parliament that a reconstruction order has the same properties and rights as a judicial order?

“It can never be too late to learn. When the sword of the Reconstruction Act fell on SMM, it was easily for me to say Mawere deserved it. And then after 14 years, the same sword has fallen on AirZim and Hwange. It is embarrassing that it has taken me this long to know how laws can be created for ulterior motives and yet the authors of such laws can pretend that no constitutional infringements will be occasioned on anyone. In this matter, it is self-evident that the introduction of a law specifically designed to place a creditor outside the rights reserved for all creditors in the Companies Act was mischievous, criminal and predatory,” said Ms. Mutizwa.

Own Correspondent|A strong showing by both Tendai Biti and Nelson Chamisa at the August1 inquiry may have left President Emmerson Mnangagwa with an egg on his face as it provided the opposition leaders an opportunity to speak to Zimbabwe.

Not sure Mnangagwa had expected, when he called for the inquiry, that it would provide such a good platform for the opposition to speak openly.

Zanu-PF denied MDC the platform on TV/radio during the election.

MYSTERY surrounds the whereabouts of a retired army colonel who was allegedly abducted from his home on Sunday afternoon by masked men – amid claims that he was due to testify before the official probe looking into the August 1 post-election shootings which claimed the lives of at least six civilians.

To add to the intrigue, Elliot Piki, 58, was a losing candidate in the fiercely-fought Zanu-PF primary elections for Harare South – which were won by President Emmerson Mnangagwa’s nephew, Tongai.

Piki’s family told the Daily News yesterday that he had been abducted – allegedly to try and stop him from giving evidence at the August 1 killings Commission of Inquiry that is chaired by former South African president Kgalema Motlanthe.

“I have heard that he received threatening calls from a NetOne line for almost a week and when he went out to find out about the number, the number was not registered.

“The threatening calls continued in which he was told not to testify before the commission. He was supposed to testify today (yesterday) … but the people who took him were heard asking him what he wanted to gain in supporting (opposition leader Nelson) Chamisa.

“We have the invitation from the commission … and we haven’t heard anything about his whereabouts although we have reported the case at Waterfalls Police Station (RRB number 3784040),” Piki’s son, Daniel, said.

However, the spokesperson of the inquiry, John Masuku, said yesterday that Piki’s name was not on the list of people who were due to testify before the probe.

“I asked the commissioners and they said he was not on the list,” Masuku said.

According to eyewitnesses, an unregistered grey Toyota Hilux pulled up at Piki’s residence in Harare South on Sunday afternoon, where four men had a brief chat with the retired soldier before “suddenly” bundling him into their bakkie and driving away.

“Around 4pm, four people in a grey D4D came to his house. There is a butchery and a shop at his home … and he was there playing checkers with a young man who also lives there.

“One of the four guys came and went to where the two were seated. They talked briefly before they were joined by the other three who were now wearing masks.

“When he tried to resist, they fired two gunshots and forced him into their car before they sped off.

“When he was abducted he was wearing a blue jersey and his abduction was witnessed by several people,” one of the eyewitnesses told the Daily News.

Piki’s family has since engaged the Zimbabwe Lawyers for Human Rights (ZLHR) to help find the retired army officer who is said to have been keen to use his military expertise to help the commission unravel the August 1 killings.

“I have just received the request to handle the matter so I don’t have much to say,” said Jeremiah Bhamu of ZLHR.

The MDC later claimed in a statement that Piki had submitted a damning report to the Motlanthe-led commission of inquiry.

“Piki … submitted a damning document that exposes the Zanu-PF government on the August 1 shootings. The MDC condemns the continued use of force, violence and abductions by the State.

“This modus operandi reminds us of the chilling abduction and disappearance of Itai Dzamara over four years ago. Up to this day, we have not seen or heard from him,” MDC spokesperson Jacob Mafume said.

Several other people who were interviewed by the Daily News yesterday also claimed that the ex-soldier wanted to “spill the beans” – in the same way that former Zanu-PF activists Jim Kunaka and Shadreck Mashayamombe had done when they appeared before the commission last week.

Mashayamombe and Kunaka, who were both fired from Zanu-PF after the fall from power of former president Robert Mugabe in a military putsch in November last year, characterised Zanu-PF and its government at the probe as violent and wicked.

Mnangagwa appointed the killings inquiry in September, to probe the August 1 deaths which sullied the relatively peaceful July 30 national elections which had been widely hailed up to that point.

Apart from Motlanthe, the other members of the inquiry are academics Lovemore Madhuku and Charity Manyeruke, Law Society of Zimbabwe (LSZ) ex-president Vimbai Nyemba, Rodney Dixon of the United Kingdom, former Tanzanian chief of the defence forces General Davis Mwamunyange and ex-Commonwealth secretary-general Chief Emeka Anyaoku of Nigeria.

Things at the probe got heated in the last few weeks after security chiefs testified and wholly absolved the military of the killings in the process.

The commander of the Defence Forces, Phillip Valerio Sibanda, and police commissioner-general Godwin Matanga, also appeared to blame the MDC and Chamisa for the deaths.

Last week, temperatures were further raised when Mashayamombe and Kunaka gave gory accounts of wanton “crimes and violations” which they said were part of life during their time in Zanu-PF.

— DailyNews

Own Correspondent|The MDC Alliance in Zimbabwe has disassociated itself from the August 1 impromptu demonstrations that took place in Harare resulting in the death of six people.

The opposition party claims that there is despite way it would have spoilt its “election victory” by engaging in demonstration.

“There was no way we could have sent our people to spoil our own victory on 1 August. We genuinely believe that we won the elections. The behaviour of Zanu PF is not consistent with that of winners,” said Tendai Biti, the national chairman of the alliance.

He was appearing before the Kgalema Motlanthe-led commission of inquiry into the August 1 killings that left at least six people dead when MDC Alliance supporters took to the streets.

Biti’s words would later get backing from losing presidential candidate Nelson Chamisa.

“We won this election emphatically, we [MDC] had a parallel tabulation,” said Chamisa.

He added that the public feared that the election would eventually be stolen and the delay in announcing the tally was reminiscent of 2008.

“The delay was a déjà vu for the people because it has happened before. If Zanu PF had won the election, the results would have been announced on midnight of the same day,” he said.

Despite the fracas of 1 August, the MDC Alliance said its supporters would take to the streets as early as Thursday.

“Zimbabweans have a reason to demonstrate, the rights to demonstrate are enshrined in the constitution,” said party secretary-general, Douglas Mwonzora.

Last month the Constitutional Court outlawed bans on protests. Speaking before the commission, both Chamisa and Biti said their party would go ahead with protests.

Police have refuted claims that villagers in Nyajena communal lands in Masvingo South looted wards of cash — both hard currency and local bond notes — from the wreckage of a Cessna light aircraft that crashed in a hill near Renco Mine, killing all five passengers last Friday.

The plane, which was heading to Victoria Falls with Chiredzi conservancy operator Mr Barry Style in the cockpit, had taken off from Buffalo Range Airport before it crashed at Chamanjenjere Hills in the Tokwane-Ngundu area at around 0740hrs.

Mr Style and his four passengers perished in the crash, whose cause is not yet known, although preliminary reports indicate that the plane started disintegrating while it was airborne.

Reports went viral on social media over the weekend that Nyajena villagers were left counting their lucky stars in the wake of the plane crash after allegedly looting wards of cash mainly US$ notes.

Masvingo acting provincial police spokesperson Assistant Inspector Kudakwashe Dhewa yesterday refuted the reports.

He said police actually recovered hard currency cash and bond notes together with other valuables from the plane debris.

“We do not have reports that any cash or valuables were looted by anyone from the Nyajena plane crash site and in actual fact we recovered about $500 in bond notes and over US$400, among other valuables, from the plane’s wreckage,” said Asst Insp Dhewa.

This was also corroborated by Masvingo South National Assembly representative Claudios Maronge.

He said blood-stained wallets containing bond notes and US dollars were recovered and handed over to the police.

“Nobody took any cash from what I know and in fact $500 in bond notes and about US$405 was found in some wallets that were found at the wreckage,” said Cde Maronge.

“The wallets also contained Visa cards and this property was secured and handed over to the police, our people are conservatives and would not dare taking valuables in the event of such as mishap.”

Maronge said traditional leaders and elders in the Nyajena area were stunned by the horror plane crash and were mulling conducting cleansing rituals to appease the dead.

Police and teams from the Civil Aviation Authority of Zimbabwe swiftly moved in to secure the plane crash site where debris was scattered as investigations into the cause of the crash continued.

State Media

Correspondent|THE Grain Marketing Board (GMB) has been exposed for lacking basic corporate governance procedures after the parastatal admitted to disposing a consignment of 60 000 metric tonnes of maize imported from Mexico to stockfeed producers cherry picked by the company.

The maize, according to the Acting General Manager of the parastatal Mr Lawrence Jasi, was deemed unfit for human consumption.

It did not take long before the rot was exposed.

The script played out when the GMB management showed serious deficiencies in corporate governance matters when they appeared before the Justice Mayor Wadyajena chaired Parliamentary Portfolio Committee on Lands, Agriculture, Water, Climate and Rural Resettlement.

The tell-tell signs were evident when it was revealed that the corporate secretary Mr Rodney Mzyece only signed minutes of a crucial meeting held in 2012 on 11 April 2018, six years later.

Even then, he only signed extracts on resolutions of the meeting.

He was ordered out of the Parliament to collect the full minutes.

For the GMB Acting General Manager, there was no need to advertise since they know a lot of stockfeed producers whom they had told.

Despite the contentious nature of the sell, and the price structure being approved by his ministry, Permanent Secretary Ringson Chitsiko insisted he was in the dark about the consignment.

Some parastatals have been identified as the missing link in achieving targets set in economic blue prints such as the Transitional Stabilisation Programme.

While other loss making state enterprises can be privatised, GMB is a strategic unit that needs to be run professionally under the care of government.

GMB has a history of corruption on a grand scale. In 2012, former President Robert Mugabe said there was need for constant monitoring of GMB operations in the province as grain and inputs meant for the poor were being diverted and benefiting a few senior government officials. No action was taken.

In June 2017, GMB employees were fingered in a scandal in which they rejected grain on the grounds of high moisture content to force farmers to sell at low prices to their accomplices, who operated outside the depots.

Some farmers claimed that they watched their rejected grain being resold on the same day to the GMB by the middlemen.

This came to light following an incident at GMB’s Chinhoyi depot where a soyabeans farmer, who was an agronomist, had his crop rejected, but was certified by a private buyer as having the correct moisture content required by the GMB. Nothing was done to the suspects.

In 2017, GMB incurred a deficit of more than $280 million in one season. Suspected top Zanu PF officials would reportedly masquerade as millers so that they bought grain maize at a subsidised price of $250 per tonne and later re-sold it to the parastatal for $390 per tonne. Nothing was done, again.

Jane Mlambo| Spokesperson of the Movement for Democratic Change led by Dr Thokozani Khupe will today appear before the Commission of Inquiry into the post election violence.

Masarira broke the news on her Twitter account.

I am appearing before the commission of enquiry this afternoon.

— Linda Tsungirirai Masarira (@lilomatic) November 27, 2018

Mutare-based NewsDay reporter Kenneth Nyangani has been summoned for the second time to appear at Mutare Magistrates’ Courts on December 18, 2018 ,facing charges of criminal nuisance.

Nyangani was handed the summons on Friday at Mutare Central Police Station Law and Order Section.

Last year, Mutare magistrate Sekai Chiundura ruled that the State would proceed by way of summons after it had failed to provide a trial date five times.

Then, the State had claimed it was still conducting investigations.

Nyangani was arrested over a story published in October last year, alleging former First Lady Grace Mugabe had donated used underwear to Zanu PF supporters in the Dangamvura/Chikanga constituency through former local MP Esau Mupfumi.

Nyangani’s lawyer, Passmore Nyakureba, from the Zimbabwe Lawyers for Human Rights, had argued that his client had laboured under the reporting conditions, which were infringing on his right to personal liberty. Then, the accused was reporting once a week at Mutare Central Police Station.

Nyakureba will represent Nyangani when the case resumes next month.

NewsDay

Environment, Tourism and Hospitality Industry minister Prisca Mupfumira has warned parastatals under her ministry to desist from corrupt tendencies that have crippled most parastatals and State-owned enterprises.

She made the remarks at the week-long strategic meeting held in Mutare last week.

“Judicious use of public funds by all our parastatals and State enterprises (should be) characterised by zero tolerance to corruption and strict adherence to corporate governance practices,” she said.

“As a ministry, we will not tolerate the abuse of public funds and slothfulness that has characterised some parastatals in the past. We need to foster a culture of accountability and service delivery. This is the thrust of the Second Republic, and I will religiously enforce it.”

Auditor-General (AG) Mildred Chiri’s report for 2017 showed that over 20 State-run enterprises were sinking in debt, with liabilities running into hundreds of millions of dollars, and were facing imminent collapse due to poor corporate governance, mismanagement and corruption.

Finance minister Mthuli Ncube in his budget statement last week said 46 State-owned enterprises are earmarked for reforms, with 12 being restructured, liquidation (4), privatisation (5), partial privatisation, joint ventures, partnerships and listings (13), to be absorbed under ministries (7) and merged (5).

Mupfumira added that there was need by the government to create a tourism revolving fund as a mechanism to recapitalise industry and also to promote domestic tourism and encourage locals to participate in local tourism and conservation initiatives.

-Newsday

THE wife of a retired member of the Zimbabwe National Army (ZNA) has petitioned the High Court seeking an order compelling Zimbabwean authorities to investigate and account for the whereabouts of her husband, who was abducted by some unknown assailants on Sunday 25 November 2018.

Piki’s wife Sibongile Sarukato on Monday 26 November 2018 filed an urgent habeas corpus application on behalf of her husband Retired Lieutenant Colonel Elliot Piki seeking an order compelling the State to do all things necessary to determine his whereabouts including advertising on all State-run print and broadcast media.

Sarukato, who is represented by Jeremiah Bamu of Mbidzo Muchadehama and Makoni Legal Practitioners, who are members of Zimbabwe Lawyers for Human Rights, cited Home Affairs and Cultural Heritage Minister, Defence and War Veterans Minister, State Security Minister, Zimbabwe Republic Police (ZRP) Commissioner-General and the Director-General of the Central Intelligence Organisation as respondents to the application.

Sarukato wants the High Court to order the setting up of a team of investigators, to work closely and in conjunction with lawyers appointed by Zimbabwe Lawyers for Human Rights to search for Retired Lieutenant Colonel Piki at all places within Zimbabwe as may be reasonably practical, and report on such search to the Registrar of the High Court, on every alternate Friday.

She also wants the respondents to be ordered to inquire from, and where necessary obtain any such information as may be necessary for the investigations from mobile service operators to try and locate Retired Lieutenant Colonel Piki through tracing the mobile numbers that were on his person at the time of his abduction as may be provided by his family.

In the court application, Sarukato said Retired Lieutenant Colonel Piki was kidnapped by some unknown assailants on Sunday 25 November 2018 at around 1630 hours from his Waterfalls suburb residence in Harare.

Sarukato said the manner in which her husband was taken
betrays sinister motives as he was taken in similar style and fashion to pro-democracy campaigner Itai Dzamara, who still remains missing since 9 March 2015.

She said her husband was abducted by some unidentified people, who were wearing face masks, who bundled him into an unregistered Toyota double-cab vehicle. During the tussling with the unidentified men as they abducted him, Sarukato stated that one of the abductors tersely said to him in vernacular,”…takakuudza kuti regai kuita document rauri kuda kuita, uri kuda ku protector Chamisa, chii chako?” which she loosely translated to mean,”…we warned you not to work on the document you are working on, you want to protect Chamisa, who is he to you?”

Sarukato said as the unidentified men continued to wrestle and tussle with her husband, one of the assailants produced a pistol and fired two shots which lodged into the ground and the firearm was then pressed against her husband ribs and he was forced into the vehicle before they sped away.

She said her husband’s whereabouts are presently unknown and his security of person and right to life is therefore at serious risk and in real jeopardy.

According to Sarukato, a report has been filed with ZRP under RRB 3784040.

Retired Lieutenant Colonel Piki was scheduled to appear on Monday 26 November 2018 before the Commission of Inquiry into the 2018 post-election violence, which is currently conducting public hearings in Harare to present his testimony.

Sarukato charged that she is convinced that the motive behind her husband’s abduction was to prevent him from giving his testimony before the Commission of Inquiry.
On Monday 26 November 2018, Bamu wrote to the Commission of Inquiry notifying the probe team of the abduction of Retired Lieutenant Colonel Piki and indicated that he could no longer appear before it to testify as he is now a victim of enforced disappearance.

SENATOR Tambudzani Mohadi was last week banished from a funeral wake of a cousin of Vice-President Kembo Mohadi a few minutes before the VP arrived, as the couple’s relationship continues to deteriorate to embarrassingly low levels.

A witness said the Beitbridge senator cut a lone figure at the home of the late Ngambeni Mohadi (96), who was buried at the Mohadi family home at Mtetengwe, some 25km west of Beitbridge town.

“An advance party of Vice-President’s entourage arrived, and she must have been asked to leave. She did not argue, but just picked her bags and left gracefully,” said the witness.

All is not well between the two after Mohadi approached the High Court, seeking a formal end to their marriage. The VP, in his divorce application papers, said their union had been in turmoil for almost 18 years.

He buttressed the divorce application with another appeal for a peace order in a Harare Civil Court, alleging his estranged wife, who contested the divorce, harassed him.

Not to be outdone, Senator Mohadi slapped her husband’s mistress Julia Muthavhatsindi with a lawsuit, claiming she was responsible for the breakdown of her marriage, a case that is pending before the courts. Prior to her departure, Senator Mohadi, who comes a stone’s throw away from the couple’s homestead and is a close relative, had been showering elderly people with gifts in what is now known as her trademark in the district. The two’s strained relationship has torn Mtetengwe village apart, and has created glaring divisions within their ruling Zanu PF party at district, constituency and provincial levels in Matabeleland South province.

“If there was another gentle way, it could have been more diplomatic. They are both our people and we love them. We love their children; they make it difficult for an entire community,” said one elderly villager from Mtetengwe.

A Pro-Mthwakazi pressure group has condemned the alleged ill-treatment of Chief Vezi Maduna Mafu of Filabusi in Matabeleland South after he petitioned President Emmerson Mnangagwa to set up a commission to investigate the Gukurahundi atrocities.

Chief Maduna was reportedly summoned by the dreaded Central Intelligence Organisation (CIO) after his letter to President Mnangwagwa was leaked to the media.

The eminent traditional leader was summoned by the District Intelligence Officer of Filabusi only identified as Mr Mlotshwa.

The move was widely seen as attempts to silence him, after he criticised President Mnangagwa of pushing a tribal agenda meant to disefranchise the Matabeleland region.

Chief administrator of the 1893 Mthwakazi Restoration Movement, Bernard Magugu told CITE that the summoning of Chief Maduna was symptomatic of government’s treatment of issues emanating from the region.

1893 Mthwakazi Restoration Movement (1893mrm) is a registered Movement Trust in Zimbabwe.

“We have noted on numerous instances that when concerns are brought forth by residents of Mthwakazi over targeted abuses, displacements and other forms of systematic discrimination and subjugation, such reports by abaThwakazi are immediately written off as tribalistic reports and ‘unwarranted’ reactions by Ndebele people,” he said.

Magugu claimed that since independence, authorities wanted to silence people from Matabeleland despite the injustices they experienced.

“This is certainly not a sustainable system of eliminating the significance of our very respectful multi tribal Mthwakazi Ndebele nation. The government ought to know that Zimbabwe is indeed a shared territory between two pre-colonial sovereignties whose share of control and power should have been administered equally at the Lancaster House Agreement and beyond, leading to the independence of Zimbabwe after which Mthwakazi was cast to the gallows of Gukurahundi as unwanted ‘chaff’ and human ‘cockroaches,’ he noted.

The activist argued that if President Mnangagwa was sincere about the new dispensation, his government must treat its people equally.

“We would have expected that the response by Mnangagwa and his government to Chief Maduna would have been indeed a meeting accepted by the President himself or in the least of responses a letter from the President himself or his office stating their position as a government, to the concerns expressed by Chief Maduna.

“For the government to respond to Chief Maduna by summoning his presence to the offices of District Intelligence Officer, Mr. Mlotshwa so he is then subjected to colonial style regional arrest (targeted politically motivated movement restrictions) is indeed contrary to the marketed patriotic spirit of freedom and democracy to the people by our ‘democratic’ government,” Magugu said.

The 1893 Movement said it was ironic that the same government would spend “millions hiring an international commission of experts to investigate the military killings of six civilians in the post-election violence of the July 30 2018 elections in Harare on August 1st 2018” yet nothing was being done to address the Gukurahundi atrocities.
In the petition to President Mnangagwa, Chief Maduna questioned the parcelling out of 17 Mining Executive Prospecting Orders (EPO) to people from outside the region.

Chief Maduna also questioned the allocation of land to big corporates at the expense of the local people.

CITE

Media Statement|Finance and Economic Development Minister, Mthuli Ncube on November 22, 2018 presented his $8 Billion budget for the 2019 Financial Year.

The budget presentation came on the backdrop of price hikes and acute foreign currency shortages that have resulted in shortage of fuel and basic commodities.

Crisis in Zimbabwe Coalition acknowledges Minister Mthuli’s remarks that revival of the economy should be anchored on good governance and democracy.

The move to weed out ghost workers is welcome and we also appreciate efforts by the Minister to kick start the devolution process after he allocated $310 million towards the process. However, we can only assess the soundness of these pronouncements on the strength of implementation.

We are however concerned that the 2019 budget will pile more pressure on the already tax burdened public after Minister Ncube increased excise duty on petrol and diesel, a situation that will lead to price hikes.

Minister Ncube announced that excise duty for petrol will go up by 6,5 cents while duty for diesel will increase by 7 cents.

CIZC takes with great exception the fact that the government of Zimbabwe continues to abrogate on its social protection role and has turned into a commercialized State in which the poor are left exposed.

We are concerned that ill advised economic policies continue to worsen the burden on ordinary Zimbabweans, most of whom are living far below the Poverty Datum Line.

The measures announced by Minister Mthuli do not instill hope that the government of Zimbabwe has capacity to revive the economy and deliver on its pledge to transform the country into an Upper Middle Income Society by 2030.

Our position is based on the following;

Good Governance and Democracy- Minster Mthuli admitted that revival of the economy must be anchored on good governance and democracy and these fundamental pre-requisites remain alien to Zimbabwe despite assurances of a ‘new dispensation’.

Plunder of national resources remain the norm and the country has failed to realize benefits from its abundant resources while public services continue to deteriorate.

The ‘new dispensation’ has also failed the democratic test and has instead moved to militarize key state institutions while party-state conflation has also taken a gear up. Persecution of opposition and civil society activists has continued even though President Mnangagwa promised to do away with ‘the dark past’.

There has not been concerted efforts to strengthen institutions that support democracy. The institutions have rather been weakened by parallel institutions that are largely partisan and compromised in nature.

International Engagement- Zimbabwe’s engagement with the international community is based on a return to democracy and respect for fundamental rights as enshrined under the country’s constitution.

Respect of the constitution and principles of democracy is alien to the current regime and the country continues to tread on the path of disputed elections. The legitimacy crisis on the part of the current government is a very big inhibiting factor in as far as engagement with the international community is concerned. The legitimacy crisis also poses as a huge obstacle to efforts to attract international investment.

Corruption- Minister Mthuli highlighted that fighting corruption and abuse of national resources is critical for economic revival yet the current government has failed to walk the talk in its pledge to fight corruption. Zimbabwe has rather witnessed a clampdown on perceived and known opponents of President Emmerson Mnangagwa disguised as a fight against corruption. Individuals who have been deemed to be politically correct have been distinguished as sacred cows while little effort has been made to bring high level corruption cases to logical conclusions.

The government has also failed to act on recommendations from the office of the Auditor General

Attracting Foreign Direct Investments- Political instability, failure to fight corruption as well as the legitimacy crisis on the part of President Mnangagwa’s government limits the country’s capacity to attract meaningful Foreign Direct Investments

Equitable access to means and outcomes of production- Zimbabwe’s economy remains captured by a few elite and politically connected individuals who have emerged as the major culprits of the plunder of national resources at the expense of the suffering public

Deployment of the army on the country’s roads- This serves to buttress our position that Zimbabwe is now a fully fledged military state (following the November 2017 military coup) with little capacity to transform the economy or attract meaningful local and foreign investments.

CIZC reiterates that Zimbabwe’s precarious economic state has been worsened by the professional decay of state institutions, failure to democratize the politics, breakdown of the rule of law, disregard of property rights, weak enforcement of the constitutional Bill of Rights, poor political leadership characterized by the will to power rather than the will to transform (in this regard we reiterate that without a functioning constitutional democracy, sustainable economic development is not feasible)

Key recommendations

While we urge the government to strengthen its economic reform measures, as CiZC we are advocating for the following based on our alternative economic blueprint, the Zimbabwe Social Market Agenda for Recovery and Transformation (ZimSMART);

– Macro-economic stability that is pro-poor, inclusive and human centered with increased fiscal space, a high degree of competitiveness, a conducive environment for domestic and foreign investments, a strong export economy and high degrees of innovative capability with the State effectively playing its role in the economy by enhancing real sector performance, currency stability and ensuring the financial sector is stable.

– CiZC further implores the government to implement sustainable taxation reforms,

– Revival of the productive sector with Small to Medium Enterprises being prioritized given their dominance in the economy. This calls for the government to do away with Iron and Fist policies, but through coordinating, facilitate and provide focused subsidies and start up finances to rejuvenate the sectors.

– A highly devolved, functional and modern infrastructure that forms the engine of economic growth. Rehabilitation of roads, rail, air, water and sanitation, energy and ICTs should be the government’s priority

– Creation of professional, transparent, accountable and globally competitive economic institutions

– Creation of a modern, equal, peaceful, open and pluralist society where everyone enjoys equal opportunities in life

CiZC reiterates that in resolving the Zimbabwean crisis, there is need for a multi stakeholder dialogue aimed at coming up with economic solutions that are pro-poor.

From Crisis In Zimbabwe Coalition Information Desk

Correspondent|In an apparent move aimed at putting a grip on MDC members of parliament, the ZANU PF dominated parliament is crafting new stringent parliament standing rules and orders that will see legislators risk being barred from Parliament and allowances withdrawn for a specific period.

Speaker of the National Assembly Advocate Jacob Mudenda yesterday said Parliament was reviewing the standing rules and orders to make them strict.

He made the remarks yesterday after the presentation of National Assembly and Senate presiding officers to President Mnangagwa.

The move comes after parliamentarians from the opposition MDC Alliance refused to stand up when President Emmerson Mnangagwa walked into parliament last week. The stance resulted in a commotion that ended up with police called in to remove the parliamentarians from the house.

“We are reviewing our standing rules and orders to make them very stringent so that in future that type of behaviour (is dealt with),” Adv Mudenda said.

“We will invoke very strong censure as what our colleagues have done in Zambia and we shall follow suit and make sure that the standing rules and orders are very tight as far as the expected behaviour of the honourable members.”

Adv Mudenda said a similar model like the one adopted in Zambia was on the cards in Zimbabwe.

“In Zambia, they have revised their standing rules and orders. For example, when after the elections in 2016 members of the opposition walked out on the President just before he would give his State of the Nation Address, using the revised standing rules and orders the Speaker of the National Assembly in Zambia censured the opposition members by indicating that they would not attend Parliament and would lose their salary for a month.”

Adv Mudenda said discipline will be maintained in Parliament.

“We need to respect the electorate that has brought us into Parliament and therefore we cannot afford to be involved in undisciplined manners which may detract us from our main constitutional mandate of representation oversight and carrying out the legislative agenda.

Senate President Mabel Chinomona weighed in: “In my House, since people are mature they don’t act like what is happening in the National Assembly, but to me I feel people should act honourably so that people see them as honourable members.

“What we do is the only way we show the country that we are doing things which are supposed to be done by mature people. In the Senate I am safe I have seen members acting nicely and honourably.”

Judgment in the fraud case involving former Highfield National Assembly representative Psychology Maziwisa and former ZBC News anchor Oscar Pambuka has been set for December 6.

The pair is being accused of duping Zimbabwe Power Company (ZPC) of over $12 000 after claiming to have done publicity work.

Allegations are that Maziwisa and Pambuka claimed to have done publicity work for ZPC during a Zim-Asset conference in February 2016 when in fact it was carried out by the Zimbabwe Broadcasting Corporation (ZBC).

The pair yesterday appeared before Harare magistrate Mr Lazini Ncube making their defence case.

Maziwisa denied that President Mnangagwa was involved in them getting the contract from ZPC, as was stated by one of the witnesses.

“Your worship, those allegations either came from someone who is trying to come between me and the President,” he said.

“He did not in any way give a directive to ZPC to award us that contract. They gave us the contract because of the trust they had in us, we had once done a good job for them.”

Maziwisa said if they were really guilty of the crime, then Ms Fadzai Chisveto, ZPC’s public relations executive would not have commended them for a job well done.

Allegations are that sometime in 2016, Maziwisa and Pambuka took a letter to ZPC from former Minister of Energy and Power Development, Samuel Undenge.

The letter directed ZPC to work with Fruitful Communications at intervals of six months.

It is alleged that in January 2016, Maziwisa and Pambuka entered into a verbal agreement with ZPC to do its publicity work.

During the agreement, ZPC was represented by Mr Noah Gwariro and Ms Chisveto.

It is alleged that on February 12, Fruitful Communications hosted a Zim-Asset conference at a local hotel where Undenge was the guest of honour.

ZBC covered the event, but on March 8, Maziwisa and Pambuka, with an intention to defraud the company, brought an invoice of $12 650 to ZPC.

They allegedly claimed that they had done the Zim-Asset media campaign and press conference on power projects in Kariba, Hwange and Batoka.

They also claimed to have done news bulletins at Power FM, Radio Zimbabwe and National FM and a “Powertalk” programme on Power FM.

The pair also alleged they had done Zim-Asset conference radio interviews on National FM and another Powertalk session on energy and infrastructural development.

Acting on the misrepresentation, ZPC paid the money.

Correspondent|Former Home Affairs Minister Ignatius Chombo’s case on corruption charges appears to be beginning to crumble as co-accused — Rejoice Pazvakavambwa, the deputy director of valuations and estate management in the Ministry of Local Government, Public Works and National Housing and Lazarus Chimba, the registrar of valuers — were last Friday removed from remand after the State unsuccessfully applied for further remand.

Prosecuting, Tapiwa Kasema wanted them remanded further, saying that they wanted to formally jointly charge them with Chombo before they could be given a trial date.

Mr Kasema said the two should not be removed from remand as they could abscond.

Pazvakavambwa and Chimba, through their lawyers Messrs Admire Rubaya and Joel Mambara, opposed the application, saying they had placed the State on notice that if it failed to give them a trial date, then they would apply for removal from remand.

They also argued that since the State was waiting for Chombo’s application of permanent stay from the High Court, there could be a scenario in which it could be denied and Chombo could go to the Supreme Court or Constitutional Court seeking further justice.

Therefore, it would not be fair for his co-accused to have their day to day lives disrupted while they continue to show up for remand at the courts, they argued.

Magistrate Ms Esteri Chivasa ruled that Pazvakavambwa and Chimba should be removed from remand as they had been religiously coming to court and could not abscond.

She said that no application had been made by the State to jointly charge Chombo and the duo and the bail conditions were also unreasonable.

The duo is accused of facilitating the illegal transfer of council property worth $900 000 into Chombo’s name.

Source: State Media

AN Airforce of Zimbabwe pilot based at Josiah Tungamirai Airbase in Gweru has been arrested for allegedly killing his lawyer girlfriend in a crime of passion on Sunday
evening.
Tashinga Musonza (29) allegedly fatally assaulted Miss Lucy Duve (32) — a Gweru- based lawyer who was working for a local Non Governmental Organisation (NGO) —
accusing her of cheating on him with his colleague (name withheld).
Acting Midlands provincial police
spokesperson Assistant Inspector Ethel Mukwende said she could not comment on the matter.
However, prominent Gweru lawyer Mr
Wellington Davira confirmed the alleged murder.
“As a colleague and friend, l am very much hurt by such a sudden, violent and painful death Miss Duve suffered. She was a bubbly person who worked well with everyone.
“Our profession has been robbed of a
dedicated and selfless lawyer. I hope and pray that justice will prevail,” said Mr Davira.
According to a memorandum from the police, Musonza and Ms Duve were allegedly cohabiting at the latter’s lodgings in Windsor Park suburb- Chronicle

An Airforce of Zimbabwe pilot based at Josiah Tungamirai Airbase in Gweru has been arrested for allegedly killing his lawyer girlfriend in a crime of passion on Sunday evening.

Tashinga Musonza (29) allegedly fatally assaulted Miss Lucy Duve (32) — a Gweru-based lawyer who was working for a local Non-Governmental Organisation (NGO) — accusing her of cheating on him with his colleague (name withheld).

Acting Midlands provincial police spokesperson Assistant Inspector Ethel Mukwende said she could not comment on the matter.

However, prominent Gweru lawyer Mr Wellington Davira confirmed the alleged murder.
“As a colleague and friend, l am very much hurt by such a sudden, violent and painful death Miss Duve suffered. She was a bubbly person who worked well with everyone.
“Our profession has been robbed of a dedicated and selfless lawyer. I hope and pray that justice will prevail,” said Mr Davira.

According to a memorandum from the police, Musonza and Ms Duve were allegedly cohabiting at the latter’s lodgings in Windsor Park suburb.

“On the fateful day, Musonza went to their lodgings around 10PM and found Duve asleep. He allegedly started accusing her of cheating on him with his colleague before a misunderstanding ensued.

“The two then drove to the airbase since Musonza wanted the matter clarified,” reads part of the memo.

Upon arrival at the airbase, they allegedly woke up Ms Duve’s alleged lover who denied being in a relationship with her.

“Musonza’s colleague denied being in a relationship with Lucy and it did not go down well with him. Musonza got furious and started assaulting Lucy with open hands and booted feet.

“His colleague tried to restrain him but was overpowered before he ran away from the scene to seek assistance from fellow colleagues. Upon their return they found Lucy lying unconscious in a pool of blood on the ground.”

Musonza, the memo reads, allegedly drove his girlfriend to Clay Bank Hospital in the company of two of his colleagues and another female who is said to be Duve’s friend.

“Lucy was pronounced dead upon arrival at the hospital before they were referred to Gweru Provincial Hospital where the police were notified leading to the arrest of Musonza,” it adds. – state media

Correspondent|THE crumbling Zimbabwean economy and all its problems has not deterred the affluent and monied folks in Harare from bringing in two more head-turning beasts of the road: a Mercedes-Maybach s650 and Rolls Royce Cullinan SUV have just landed at the Robert Gabriel Mugabe International Airport in Harare.

Well, a car is just plastic and metal, some would say. Not until you consider how luxurious the palatial Mercedes-Maybach S-class truly is.

The Mercedes-Maybach s650 as seen at Harare Airport Monday afternoon
Passengers can stretch out and relax on hot-stone-style massaging leather recliners and enjoy the Burmester audio system while an atomizer fills the cabin with one of Maybach’s five signature fragrances.

The Mercedes-Maybach s650 as seen at Harare Airport Monday afternoon
The Maybach S650’s 621-hp twin-turbo 6.0-liter V-12 provide effortless motivation, what with a starting price of a cool $240,000, MINIMUM. Despite the ominous appearance of quad exhaust pipes and ‘V12’ lettering on the front wings, the engine need never be heard; Mercedes describes the Maybach as the world’s quietest production saloon car, and it may well be right.

The list of luxuries is long and – inevitably – focused on enhancing passenger comfort while the chauffeur (who is one of the few items not available as standard but will almost inevitably be installed post-delivery) focuses on getting from A to B.

The standard equipment list includes a chrome twin exhaust system, LED headlights, a sliding panoramic sunroof, keyless entry and go, run-flat tyres, tinted rear windows and a 360-degree camera sytem on the outside.

Inside there is velour floor mats, Mercedes’ Air Balance fragance system, ventilated front and rear seats, electric sunblinds, electrically adjustable and massaging seats, a glass cabinet, four-zone climate control, reclining rear seats, and heated armrests and steering wheel.

On the entertainment front there is Mercedes-Benz 12.3 inch Comand infotainment system complete with sat nav, Bluetooth, USB connectivity, DAB radio, Wi-fi hotspot and a TV tuner, alongside a rear entertainment package which includes 10in screens, a DVD player and wireless headphones.

The other car to land at Harare today is the Rolls Royce Cullinan SUV…. This is Rolls-Royce’s very first SUV, named after the largest diamond ever found. Sporting rear suicide doors and an opulent cabin, the Cullinan commands a starting price around $325,000—and for good reason.

The Rolls Royce Cullinan SUV as seen at Harare Airport Monday afternoon
The spacious cabin is lined in box-grain leather, lambs-wool carpeting, beautiful wood trim, and milled-aluminum accents.

For an even higher level of luxury, Rolls-Royce will customize almost every part of the Cullinan’s already lavish interior with whatever the buyer can imagine. The exterior is classic Rolls-Royce, but its hatchback configuration allows for the addition of a pair of leather-wrapped seats and a picnic table that pop out of the Cullinan’s tailgate—this is by far the most luxurious way to take in a polo match at the country estate.

The Rolls Royce Cullinan SUV as seen at Harare Airport Monday afternoon
Its twin-turbo 6.7-liter V-12 provides 563 effortless horsepower and runs as whisper-quiet as you would expect, lest it disturb the VIPs in its cabin. Rolls-Royce estimates a zero-to-60-mph time of just 4.8 seconds—impressive for a large SUV that weighs as much as the Cullinan does.

The Cullinan rides on an air suspension that adjusts its height automatically using a road-scanning camera; ride comfort is beyond the standards of regular luxury vehicles, and it wafts down the road transmitting nothing unpleasant to the interior.

Even though building an SUV is a clear break from tradition for the storied British brand, it’s still an uncompromised Rolls-Royce in every way.

Next time you see one of these beasts rolling on the streets of Harare, please turn your head with no shame at all. Who wouldn’t?

Correspondent|TWO Midlands State University (MSU) students were last week arrested and handed over to the CID Law and Order in Gweru for undermining the authority of President Emmerson Mnangagwa after alleging that he is a “mad” man.

The students, Prince Kamutsamba, 22, and Lloyd Zata, 25, reportedly sent insulting and threatening WhatsApp messages in a group about Mnangagwa before the MSU graduation.

On November 22, CID Gweru released a memorandum seen by the Daily News titled: “Arrest of two accused persons for undermining authority of the president as defined in section 33(1)(B) of the Criminal Law Codification and Reform Act Chapter 09:23”.

“On November 22, 2018 information was obtained that the two accused persons were sending insulting and threatening messages about the president of the Republic of Zimbabwe…Mnangagwa on their WhatsApp group, who is expected to officiate at the graduation ceremony at Midlands State University.

“The two accused persons were arrested by Police Internal Security Intelligence (PISI) Senga and were handed over to CID Law and Order Gweru.

“Their cell phones were taken and checked,” the memo read.

The fourth year Local Governance students are reportedly members of a Class WhatsApp group called Local Governance Studies (LGS).

In the chats, the CID memo revealed that Kamutsamba sent a message in the group asking “ndiyani angandiudzirawo vaMnangagwa kuti November haasati apera” (who can tell Mnangagwa on my behalf that November is not yet over).

Another participant reportedly advised the 22-year-old to convey the message himself when the president comes for the graduation that was held last Friday.

Kamutsamba, however, responded saying he does not want to speak to a “mad” person. The message read “handitaure nemunhu anopenga ini” (I don’t talk to a mad person).

Zata responded to Kamutsamba’s message alleging that they want to burn the president in one of the university’s halls.

“Toda kumupisira mu Multi-Purpose Hall (We want to burn him in the Multi-Purpose Hall).”

The two accused were arrested and handed over to CID Law and Order Gweru.

The students’ cell phones were held while they were detained at Gweru Central police but when the Daily News spoke to Kamutsamba recently he had got back his phone and had been released.

This comes after a former MSU student Night Shadaya is awaiting trial for re-tweeting a message besmirching the Zimbabwe Electoral Commission chairperson, Priscilla Chigumba.

The tweet read: “I can’t wait for the election fiasco to come to an end. I could do with a holiday and some good sex. My body needs a break.”

Meanwhile, MSU students will not be allowed to sit for examinations without paying 75 percent of their school fees.

This comes as the Zimbabwe National Students Union (Zinasu) recently complained that fees are now exorbitant and students feel they are increasingly being punished for failing to pay on time under this harsh economic situation.

Zinasu called for a Higher Tertiary Education Act that will make their universities more understanding and sympathetic as they claim the economic meltdown has affected them the most.

Daily News

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“They have in the past asked why is this Chamisa being a problem, how much money does he want, so at that time I was very cautious of what was going on around me.”

“I have no capacity to tell the soldiers to kill people Chamisa tells”

“Let’s do justice to the role of the army. They must be in the barracks. Let’s restore full democracy. Lets demilitarise the villages and villagise the villages”

“We are not a thugocratic party but a Democratic party. The politics of this country is not about the bullet but the ballot.”

“I participated in the election because I thought there was a vacancy as the Head of the Defence Forces not Vanguard,”

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Opposition Movement for Democratic Change deputy chairperson, Tendai Biti has took a dig at President Emmerson Mnangagwa over his decision to set up a Commission of Inquiry into the 1^st of August shootings saying he is conflicted as he cannot appoint investigate himself.

Making his submissions before the Kgalema Motlante led commission, Biti said the terms of reference should have clearly sought to establish the person who ordered troops out of their barracks to kill innocent civilians.

“If you are to follow the dictates of natural justice, the appointing authority cannot appoint to inquire into his own cause. He is conflicted.”

The simple term of reference is who ordered the troops out of their barracks and who ordered them to kill unarmed civilians,” said Biti.

He also questioned the credibility of some of the commissioners, singling out Professor Charity Manyeruke whom he said is a member of Zanu PF.

He also laid into Commissioner Rodney Dixon whom he accused of speaking on behalf of military governments.

If justice is to be seen to be done, I would like to submit with great respect that some commissioners seated here fail to inspire confidence

“I have a problem with commissioner Manyeruke. It is not disputed fact that she is a member of Zanu PF. The decent thing for her is to resign. I have a problem with a barista from UK. I don’t know his name. Hi has a strong relations with military governments,” said Biti.

He distanced himself and the MDC from the 1^st of August violence saying they were confident that they had won the elections hence they could not spoil their own party.

“We genuinely believe that we won this election. We genuinely believe that Nelson Chamisa won this election. And this belief is very important in that you get to know the behaviour of winners and losers

“So there was no way we could have put our people into the streets. There was no reason for us to spoil our party,” added Biti.

I was advised that I was with one Jimu Kunaka driving a green Discovery, it’s a joke. I hardly know Jimu physically, I know him as a notorious leader of Chipangano who killed our people in Mbare – it’s a lot of rubbish

-263Chat

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