Chimanimani residents returning to their homesNgangu residents return back to their homes from evacuation centres
Chimanimani residents who had sought refuge at Evacuation Centres have returned back to their homes in Ngangu this morning after spending two nights away from the threat of Cyclone Chalane.
According to Kimbini, the weather in Chimanimani has improved with the cyclone threat said to have subsided.
“We have good weather today and there was minimal damage to some houses whose roofs were blown off yesterday. Many pple have decided to go back to their respective homes as most of the centres are inhabitable and the living conditions there can be a breeding ground for several diseases,” said Kimbini.
He added that the people had to return to their homes earlier than planned due to fear of threats of other diseases such as Covid-19 due to the shambolic nature of the preparations.
Police have revoked the permission which had been granted to churches intending to hold crossover gatherings into the New Year saying every other gatherings including the use of fire crackers, skidding of vehicles, beating and overturning of bins and drums in residential areas are banned.
Some churches had been granted permission to hold crossover prayers but police have said the permission is no longer applicable and people should stay at home and avoid any kind of gathering.
All big gatherings are illegal according to Covid-19 restrictions meant to curb the spread of the global pandemic. Traditionally crossover celebrations are conducted to mark the end of the year and welcome the New Year.
In the past, these parties have been held at nightclubs, at individual family houses and other such places where people would gather to enjoy food and drinks as they celebrate the end of the year and welcome the New Year. Most of these parties would end after midnight.
Police Minister Bheki Cele has strongly warned against restaurants attempting to conceal and sell alcohol to patrons amid the new lockdown regulations, saying law enforcement authorities will not hesitate to confiscate trading licences.
Addressing the nation last night, Ramaphosa banned the sale of alcohol for two weeks, placed a curfew across the country from 9PM to 6AM daily – as well as ordering that non-essential establishment, such as bars and restaurants, must close at 8PM.
Level 3 restrictions will remain in force until the 15th of January next year – when they will be reviewed.
Briefing the media as part of the National Coronavirus Command Council (NCCC) on the adjustments to Level 3 lockdown restrictions, Cele said: “There are people that are causing some economic sabotage when it comes to alcohol and they open the black market. Our eyes are open on that. The non-sale of alcohol means non-sale of alcohol. Don’t put alcohol in your teapots in restaurants. Don’t put alcohol in the bottles written zero alcohol, yet you put alcohol in there. We know your tricks, don’t do that. We will make sure that you lose your licence and permit to trade.”
The Police Minister has also sent a stern warning to South Africans that failure to wear a mask in public spaces will result in being arrested.
Failure to wear a mask in public can result in arrest, a fine and up to six months’ imprisonment.
“The enforcement has been heightened. We are not just going to remind you to wear the mask. If you don’t, you will be arrested. We would love not to arrest you but if you avail yourself we will take the opportunity of arresting you. So keep those masks on all the time in the public space, most of you have criminal records and you know what those do in your life going forward. So we are shouting and making calls for people to respect this.”
“When we are with people that are not from the same household, it is also useful o wear a mask, even if you are at home. When people come in and out you don’t know where they have come from, whether they are asymptomatic. Wearing a mask is now mandatory. If you are not wearing a mask you are committing an offence, you could be fined, sent to prison – so it is important to wear a mask.”
This I write to you Dr Alex Magaisa, Adv Thabani Mpofu, Adv Mahere and Adv David Hofisi. I write to you not as political activists but as Lawyers of Higher levels concerning how Lovemore Madhuku has hushed his client Thokozani Khupe on a looming bomb attack from the to-be victim, Nelson Chamisa.
By Mari Matutu |
Lovemore Madhuku with client Thokozani Khupe, and propaganda Minister Monica Mutsvangwa.
My Greetings.
I want you to go to page 40 of the Supreme Court Judgement, SC56/2020 first paragraph and last sentence. It reads
In short, notwithstanding the political mootness of this matter, it is imperative that there should be an authoritative determination of this appeal in the interests of justice.
I feel this is where most people have missed the judge. I beg you to look at my view and if I am wrong there is no harm but I feel there is going to be injustice to Nelson Chamisa and the Judges that passed this verdict.
I feel the judge separated two things. The Matter– which are all the payers of Elias Mashavira as repeated in judgement on last paragraph of page 2 to first paragraph page 3 of judgement.
The appeal– which I feel has two parts, what the judge of High Court ruled as repeated by Justice Patel in page 1 to 2 then what the appellant said in their grounds of appeal as repeated in page 8 of judgement.
As we all know that the High Court judgement on the matter was held on 8 May 2019 and SC first sat for the appeal on 17 October 2019, MDC held a congress on 24 June.
2019. This means this issue was
not in the record of High Court
not an event held in compliance with judgement but held compliance to MDC constitution article 6.2.2. This article of MDC constitution puts a straight jacket
that no one can extend the period of holding this special 5 year
Congress.(Article 6.2.3(g)
However the congress did affect what Mashavira had prayed for in full. That is to say
Mashavira was asking for a Congress elected president of MDC now the congress was held and a Congress elected president was there.
Mashavira was praying for a replacement of Dr Tsvangirai as president of MDC- the term of Dr Tsvangirai had since expired and dissolved by 6.2.2
Congress iii) Mashavira was saying Khupe should have assumed the post of Acting president in order for her to convene an EOC for MDC within the stipulated time frame of 1 year. She did not assume the post neither did she convene the EOC by 14 March 2019. In that case she was in breach of article 9.21.1 of MDC constitution. Now her post as Deputy president was dissolved by 6.2.2 congress.
The above are the facts of the MATTER. However by holding the 6.2.2 congress the concerns fall away. In that case the Judges took judiciary notice of the unanimous election of Nelson Chamisa at a congress held in Gweru. On page 35 of judgement the judge says
Secondly, and equally significantly, he was unanimously elected as the President of the Party, i.e. the one that is presently before this Court, at its Congress convened in June 2019. These are the inescapable facts that loom large on the country’s political landscape.
Take note that what made the MATTER politically moot is not just the holding of a 6.2.2
Congress. There are other provisions that made the whole matter(what Mashavira claims) irrelevant and inapplicable. I will try to list some
In terms of MDC constitution article 6.2.3(g) no one can change the time frame of 6.2.2 congress. Which means the SC itself was tied that it could not do anything to this 6.2.2 congress . Its time frame cannot be extended any further.
The term of Dr Tsvangirai which was to be served by who ever to replace him is terminated by lapse of 5 years. If he was alive by 24 July 2019 his presidency was going to end on that congress, hence the whole notion of replacing Dr Tsvangirai falls away beyond holding of congress.
All other office bearers including Khupe and Komichi were terminated at the lapse of 5 years and holding of congress. This had effect to the prayer by Mashavira that Khupe must convene an EOC. Once her term has expired she loses capacity of being deputy president or Acting president.
In terms of article 9.21.2 if the Chairperson resigns the deputy Chair act as Chair until the next Congress. In that case even Morgan Komichi could not act as Chair and assume the role of Acting president past congress because that is the condition.
The student unions are part of MDC Congress delegates. They hold their congresses independent of MDC. One could not extend the mandate of 2014 student structures just to come and elect a replacement of Dr Tsvangirai when the current leadership have already chosen a new leader. vi) All MDC provincial Structures hold their 5 year Assemblies in terms of article 6.9.1.3 at least two months prior to the date of Congress. By the time judgement of High Court was given all provinces and all Districts had new executive and new delegates for next congress. These organs elect their executive independent of who ever is president of the party and the 5 year mandate of such executive is not determined by who the current president is.
In that case Mashavira or the SC could not change that fact.
vii) In terms of article 8.1 a Youth Assembly is build on separate membership which has age limits of 16 to 35. By the time the 6.2.2 congress was held there were members of old executive whose age had passed 35 years and could not be youth anymore. The court could not extend the mandate of those youths just on the basis of their age limits.
These are the issues that relate to the matter which are spelt in MDC constitution and the SC could not change them.
This is why the court insist that the MATTER was moot and remain moot no matter which angle one wants to take.
What I feel many of us then miss and I feel you as my learned lawyers will assist is the fact that the judges of appeal are seating on an appeal whose judgement is an authoritative ruling. It was not complied with and the appellants appealed against the entire judgement. They raised issues not only on the matter but on the pronouncements of the judge. This judgement was written well before MDC congress 2019 was held. The issue of mootness was not part of record when judge gave judgement.
Something had to happen to that standing authoritative judgement. You cannot just say aah the matter is moot then what is the response to the points raised and fully debated before the judge. Something had to be done to the appeal.
This is where the judge says
notwithstanding the political mootness of this matter, it is imperative that there should be an authoritative determination of this appeal in the interests of justice.
The judge was very clear that he is giving an authoritative determination just on the appeal and not on the matter because the matter is beyond redemption. You cannot do anything. In his own words the interest is not to give individuals who feel aggrieved a relief but the interest is for justice delivery. Making a law. The words “thismatter” particularise the matter and its interests, where as the appeal relates to interests of any other people.
It then shows that the disposition written by the judge is just for the appeal on an authoritative basis only and not to give anyone a relief. Nobody should then bring issues relating to the matter back. They cannot be implemented.
I now go to give my view on the comments on disposition
.Disposition
The essence and objective of the corrective measures to be implemented by the Party is to restore the status quo ante that prevailed before the irregular and unlawful appointments to the Party presidency took place. This would necessitate having to extend the time limit prescribed in the Party constitution apropos the convening of an Extra-Ordinary Congress to elect a new President following the demise of Dr Tsvangirai. It would also involve modifying the judgment a quo to conform with that purpose.
This paragraph must be read with full understanding that the judge is dealing with the APPEAL and not the matter.(what is in HC record and grounds of appeal only) i) When the judge say
“The essence and objective of the corrective measures to be implemented by the Party The essence and objective of the corrective measures to be implemented by the Party” He does not refer to the matter but to the authoritative decisions to be taken on the appeal. This is so because he already said his intention is for justice delivery. Nobody must now bring back the issues to do with the present matter but future matters.
In doing so he say you need to restore the status quo before the irregular and unlawful appointments to the presidency. This is where most take the notion that SC said go back to 2014. This is not correct. Key words are “Appointments” and “Presidency”. It shows the judge is using 15 July 2016 as the point of reference. Dr Tsvangirai appointed Mr Nelson Chamisa and Mr Mudzuri to posts of Vice presidents and in terms of article 9.2 this post is a presidium post. Yet according to what Mashavira says these posts are for elected members. Only elected members may Act as president in terms of 9.21.1. Now the judge had to go back to that date and look for office bearers that were in the office of president. This exercise was not to look for the Secretary General or Treasurer or Organising Secretary of that time but to look for possible candidates who by that date were in the presidium and are elected office bearers.
This is the reason why we see that the judge explained first that the duty to convene an EOC is in the office of president. Anyone seating as Acting president can convene an EOC.
Now the court discovered that by article 9.21.1 the deputy president assumes, it does not say she is appointed but , she assumes the post by power of constitution.
By that it means she has the power to convene an EOC as the president.
In the absence of president and deputy president as at 15 July 2016 the National
Chair was the office bearer who assumes office of president in terms of article 9.3. This was the status quo that prevailed at the time of the appointments in relation to presidency. The status quo is not for names of people but office bearers seating in presidium as at that date.
Since it was raised that an EOC was suppose to be convened in its stipulated time and it is a matter on the record of appeal the court had to have a determination. The issue of time limit of holding an EOC has two implications.
The EOC must be held within a period of one year from date of death of seating president
The deputy president Act pending the extra ordinary congress which must be held within a year.
This EOC time limit is a constitutional time frame other than time frame of 6.2.2 congress and this can be extended. By extending this time limit you also extend the time limit of acting president.
However the court or anybody cannot extend the term of office of former president. This is so because of reason raised on why the matter was declared moot. However for authoritative source, a determination on such a circumstance should it repeat, had to be given. This is where the court put a provision to extend the time frame of holding an EOC to replace Dr Tsvangirai . People must not miss the reference always given by the judge on the EOC. He says to replace Dr Tsvangirai, which means you cannot be replaced beyond what Tsvangirai could possibly do. Dr Tsvangirai was bound to be dissolved by 6.2.2 congress which will be composed of totally new structures from provinces, districts, youths and woman assemblies. These new structures are not bound by old term of Dr Tsvangirai or any other office bearer. Their existence does depend on who is president or Chair or SG. They exist because article 2.1 of MDC
The MDC shall be a body corporate with perpetual succession, capable of Suing and being sued and acquiring and disposing of property in its own name.
MDC has a perpetual succession. Nobody is permanent on a position. So in short no one elected to replace Dr Tsvangirai can last longer than Dr Tsvangirai’s term. If by any chance that the Courts find that Mr Douglas Nwonzora was correctly elected as a replacement of Dr Tsvangirai by 2014 structures, let it be clear that such replacement was dissolved by article 6.2.2 of congress held in Gweru by newly elected structures of 2019. He cannot replace Tsvangirai beyond his term. ix) The court further state that it is amending the judgement a quo in order to conform with this purpose. It must be noted that the SC did not in any way bring a new judgement, but it amended the HC judgement to give authoritative determination on what the HC judge had said.
Take this as “correction” of the HC judgement for the purpose of giving an authoritative determination.
One then has to go to the original HC order and see what was then amended and reasons thereby. Once you miss that the SC judge amended a judgment of HC but did as a determination of only the appeal and not the matter you are bound to create the impression that SC said go and hold an EOC after it had declared the matter moot, thereby giving in to vultures. Once you also miss that the purpose of amending is to give a correctivemeasure on the appeal and not on the matter.
By checking the list of 5 orders given by HC you can see that the SC confirmed three and deleted order 4 and 5 of HC. xiii) Now one will have go again and see the deleted orders and see what they were saying before being deleted thus
4. The 1st respondent be and is hereby ordered to hold an Extra-ordinary Congress after the lapse of at least one month after the date of this Order.
This order was debated in the appeal hearing. It was one of the bases of appeal. In MDC there are 4 provisions of holding an EOC of MDC of the 4 which one can one authoritatively assign to this order. Who should carry the responsibility of implementing it of the 4 provisions? This same order had said “after lapse of at least one month from the date of this order”. When is that “after lapse of at least one month?” . Lets admit the order was vague and could give a lot of interpretation. It could also not go beyond constitutional time limits of holding 6.2.2 congress. Agreeably it had to be amended for authoritative source. This is where the judge chose article 9.1.2.1 of constitution which direct one person acting as president to exercise such powers. Again the purpose was not to direct Khupe or Komichi to convene EOC but to amend the High Court order and give responsibility to a person.
By giving 3 months to Khupe or 4 month to Khupe it is not the SC judgement date that is being referred to but HC judgement date, otherwise it will not be an amendment of HC judgement but a fresh judgement with its own judgement date. If that notion is taken this is where people say the judgement is dubious, but if you carry in mind that the judge already said he is amending HC judgement then be steady. The extension of 3 or 4 months are from date of HC judgement.
I know one would quickly want to ask why the SC extended the time when approached by Khupe . The answer is the courts are not politicians. They act on court record. Those that did it wanted to create a new matter other than what Mashavira brought in. By creating a new matter it depends on how each one react. That does not mean the matter before SC was not moot. That Mwonzora is using it for gain or zanu is using it is beyond court’s control. If MDC want to hold another EOC and elect a new president after 6.2.2 its their choice. The courts will extend unless one raises a point to object on the grounds that its no longer possible. Again its not for court.
The courts went a length to justify the route it took to amend HC order. This brought two split orders of alternative application. One is for a deputy president using article 9.21.1 and second is for Chair using article 9.3.
Take note that the judge says “ in her capacity as”/ “ in his capacity as”. The judge is not conferring a capacity to anyone. The capacity is conferred by constitution. To prove this, while the Court went to 15 July to establish the status quo of MDC presidium it never said Lovemore Moyo who had resigned from MDC must come and convene an EOC. The SC referred to the status of Komichi at the time of record and HC judgement, which was the Chairperson . The constitution article 9.21.2 confers that status with condition that it only last to the next congress. He cannot then act beyond what Moyo could have done. That will not be possible. Without that capacity one cannot convene an EOC for MDC. In that case the court was careful to state a condition that one has to have in order to convene an EOC. Without the required status you cannot. If the courts wanted to make them Acting president it would have been a declaration of that fact first. It never did so and could not have done so at all.
For amending order 4 of HC the SC came up with its order 3 and 4
One other that the public was trapped into is the issue of Chamisa grabbing power. Actually Mashavira himself say the event of 15 February 2018 was a non event. National Council could not confer Chamisa powers it did not have. This brings us back to the point that by 9.21.1 Khupe assumed role of president because that is what the constitution say. She never approached any competent court to say she is being obstructed to do her duty. Again she did not convene an EOC within a year. So when the court is giving a determination it actually putting blame to Khupe and Komichi for failing to do what they should have done in a year. When the Court is extending it is extending period of holding EIC it extend on the time the 1
years lapsed. The Court assumed Khupe had assumed her role. So how could Chamisa had grabbed power. In stead Khupe held a Congress of MDC T which is another party. She repeats again the same issue
ix) We go on number 5 of HC orders. It reads
5.The respondents are ordered to pay the applicant’s costs of suit, jointly and severally, the one paying the others to be absolved
In amending HC order 5 the SC deleted the order completely and says these words
As regards costs, there can be no doubt that this matter is of great public importance. Moreover, it was necessary that the issues raised herein be fully ventilated and satisfactorily resolved in the interests of all the parties affected. In these circumstances, it seems to me that the Court’s discretion on costs should be exercised so as to depart from the general rule that costs should follow the cause. I accordingly deem it just and proper that t here should be no order as to costs in respect of this appeal as well as the proceedings a quo
I cannot add more than just to say ultimately it is an amendment of HC order for the purpose of authoritative source. Correcting order 4 of HC is the major amendment that has brought us this far.
Courts decisions are source laws and if amended it is not a new source law but same one. The question is could the Courts have extended 6.2.2 congress time frame? No. Then yafa yakaloader. The amendment of order came too late. It now serve for authoritative purpose but not on the matter.
I now come to the tricky issue that Mwonzora is attracted on.
He is saying he won an EOC of MDC T presidency. This he is drawing a thread to all those that know Tsvangirai using name MDC T. This is the reason why he wanted to hide behind Thokozani Khupe. The after thought was strengthened when they first attempted to claim MDC
A based on ALLIANCE agreement in October there about. Then his belief was that the leader of MDC T was automatic successor of the MDC A presidency. After debate they later found out the agreement actually favoured Chamisa for he was selected to be presidential candidate as an individual. In that case he becomes part of MDC A logo. Again ZEC had Gazetted PR MPs on the name of MDC T. Should bi elections go as was scheduled on 5 Dec then Chamisa would be the legit brand for MDC A by ALLIANCE agreement. Khupe could not now change her party name in the Gazette.
This is where they hatched a plan to cancel the Bi election dates. Extend the date of EOC. Hear the matter of recalled MPs. Swear in Khupe so long then everything will fall in.
First The courts will rule that Khupe is illegally in parliament. ZEC erred. All MPs that were recalled for not being MDCA are brought back. However MDC A is a pact but by electoral law is a party.
Because Mwonzora is now the principal of MDC T he can claim right of MDC A. Why MDC T?
Because Tsvangirai Alliance Agreement in 2017 as president of MDC T.
Because Mwonzora want to claim the role principal of MDC T in order to claim right over MDC A.
Because all members of MDC who went to congress Gweru refused to be called MDC T. Not because they are not the party left by Tsvangirai but because MDC T had become a distinct political party as led by Khupe. This is why Chamisa says he is MDC A and refuses to be called MDC T which had become a separate party
I have seen a lot of people saying Chamisa has formed a new party called MDC A yet they do not want to say Tsvangirai formed a new party when he said he was MDC T.
The whole trick is in two sources.
i) Article 9.1.3 of MDC constitution reads
9.1.3
The President shall in general act as spokesperson of the Party on major policy issues and is the custodian of the Party name, logo and symbol.
The President shall be the principal public representative of the Party, provided that nothing in this section shall be construed as empowering the President to act or do anything contrary to the Party’s principles of open, transparent and democratic decision making.
After unanimously winning as the MDC president at a congress in Gweru Chamisa who was also the legitimate brand of the movement, had all powers to exercise his discretion and powers in 9.1.3 in matters relating to elections and electoral law and refer the party he leads as MDC A. This does not amount to forming a new party but a strategy of branding as he is the custodian of the symbol and name of the party. Just as then during Dr Tsvangirai who used MDC T. The trade name MDC T was used again by Dr Tsvangirai not as a different party but a trade name. He signed an alliance agreement on behalf of MDC in terms of article 3.7 of constitution. Which reads
3.7The MDC shall form alliances with political organisations, or united or popular fronts and may join national or international organisations which share the same social democratic values with it*
So yes MDC is a perpetual succession entity. What ever interests signed by Dr Tsvangirai as a president of MDC exercising powers in 9.1.3 belong to MDC and not MDC Tsvangirai or any other version of MDC.
The trick brought by Mwonzora of holding an EOC of MDC T and side-lining members regarded as MDC A is breach of order.
SC was about party known as MDC with a constitution in court.
Mashavira stated that he was a member of MDC and not MDC T. The Court has evidence that Khupe formed her own party called MDC T and if she convenes an EOC excluding MDC A on the basis that the 6.2.2 congress elected president prefers to exercise his 9.1.3 power and brand MDC as MDC A does not constitute an offence at all.
The second Source is the SC itself. Several parts of it , it mentioned the party before Court as the same one that got 88 seats in parliament and Chamisa being number 2 and Khupe 3 in presidential elections. We all know Khupe was MDC T and Chamisa was MDC A and non of them contested under MDC which is the name in Court. So by SC MDC= MDC A and not MDC T.
Any congress held under name MDC T is not complying with what the SC used to identify and describe the actual MDC that was before Court. MDC T was one of the evidence presented as ground to show that Khupe has moved on. MDC cannot be dragged on to where Khupe has moved on to.
That is why I pray before you to look at this and advise President Chamisa. My president I personally elected in Gweru congress of 2019 to stand up and defend our mandate.
Mwonzora is up to grabbing the name MDC Alliance using the title of principal of MDC T or block us from using MDC A. We know if you do not stand up now and put it bare the regime will manipulate the system.
This I write to you Dr Alex Magaisa, Adv Thabani Mpofu, Adv Mahere and Adv David Hofisi. I write to you not as political activists but as Lawyers of Higher levels concerning how Lovemore Madhuku has hushed his client Thokozani Khupe on a looming bomb attack from the to-be victim, Nelson Chamisa.
By Mari Matutu |
Lovemore Madhuku with client Thokozani Khupe, and propaganda Minister Monica Mutsvangwa.
My Greetings.
I want you to go to page 40 of the Supreme Court Judgement, SC56/2020 first paragraph and last sentence. It reads
In short, notwithstanding the political mootness of this matter, it is imperative that there should be an authoritative determination of this appeal in the interests of justice.
I feel this is where most people have missed the judge. I beg you to look at my view and if I am wrong there is no harm but I feel there is going to be injustice to Nelson Chamisa and the Judges that passed this verdict.
I feel the judge separated two things. The Matter– which are all the payers of Elias Mashavira as repeated in judgement on last paragraph of page 2 to first paragraph page 3 of judgement.
The appeal– which I feel has two parts, what the judge of High Court ruled as repeated by Justice Patel in page 1 to 2 then what the appellant said in their grounds of appeal as repeated in page 8 of judgement.
As we all know that the High Court judgement on the matter was held on 8 May 2019 and SC first sat for the appeal on 17 October 2019, MDC held a congress on 24 June.
2019. This means this issue was
not in the record of High Court
not an event held in compliance with judgement but held compliance to MDC constitution article 6.2.2. This article of MDC constitution puts a straight jacket
that no one can extend the period of holding this special 5 year
Congress.(Article 6.2.3(g)
However the congress did affect what Mashavira had prayed for in full. That is to say
Mashavira was asking for a Congress elected president of MDC now the congress was held and a Congress elected president was there.
Mashavira was praying for a replacement of Dr Tsvangirai as president of MDC- the term of Dr Tsvangirai had since expired and dissolved by 6.2.2
Congress iii) Mashavira was saying Khupe should have assumed the post of Acting president in order for her to convene an EOC for MDC within the stipulated time frame of 1 year. She did not assume the post neither did she convene the EOC by 14 March 2019. In that case she was in breach of article 9.21.1 of MDC constitution. Now her post as Deputy president was dissolved by 6.2.2 congress.
The above are the facts of the MATTER. However by holding the 6.2.2 congress the concerns fall away. In that case the Judges took judiciary notice of the unanimous election of Nelson Chamisa at a congress held in Gweru. On page 35 of judgement the judge says
Secondly, and equally significantly, he was unanimously elected as the President of the Party, i.e. the one that is presently before this Court, at its Congress convened in June 2019. These are the inescapable facts that loom large on the country’s political landscape.
Take note that what made the MATTER politically moot is not just the holding of a 6.2.2
Congress. There are other provisions that made the whole matter(what Mashavira claims) irrelevant and inapplicable. I will try to list some
In terms of MDC constitution article 6.2.3(g) no one can change the time frame of 6.2.2 congress. Which means the SC itself was tied that it could not do anything to this 6.2.2 congress . Its time frame cannot be extended any further.
The term of Dr Tsvangirai which was to be served by who ever to replace him is terminated by lapse of 5 years. If he was alive by 24 July 2019 his presidency was going to end on that congress, hence the whole notion of replacing Dr Tsvangirai falls away beyond holding of congress.
All other office bearers including Khupe and Komichi were terminated at the lapse of 5 years and holding of congress. This had effect to the prayer by Mashavira that Khupe must convene an EOC. Once her term has expired she loses capacity of being deputy president or Acting president.
In terms of article 9.21.2 if the Chairperson resigns the deputy Chair act as Chair until the next Congress. In that case even Morgan Komichi could not act as Chair and assume the role of Acting president past congress because that is the condition.
The student unions are part of MDC Congress delegates. They hold their congresses independent of MDC. One could not extend the mandate of 2014 student structures just to come and elect a replacement of Dr Tsvangirai when the current leadership have already chosen a new leader. vi) All MDC provincial Structures hold their 5 year Assemblies in terms of article 6.9.1.3 at least two months prior to the date of Congress. By the time judgement of High Court was given all provinces and all Districts had new executive and new delegates for next congress. These organs elect their executive independent of who ever is president of the party and the 5 year mandate of such executive is not determined by who the current president is.
In that case Mashavira or the SC could not change that fact.
vii) In terms of article 8.1 a Youth Assembly is build on separate membership which has age limits of 16 to 35. By the time the 6.2.2 congress was held there were members of old executive whose age had passed 35 years and could not be youth anymore. The court could not extend the mandate of those youths just on the basis of their age limits.
These are the issues that relate to the matter which are spelt in MDC constitution and the SC could not change them.
This is why the court insist that the MATTER was moot and remain moot no matter which angle one wants to take.
What I feel many of us then miss and I feel you as my learned lawyers will assist is the fact that the judges of appeal are seating on an appeal whose judgement is an authoritative ruling. It was not complied with and the appellants appealed against the entire judgement. They raised issues not only on the matter but on the pronouncements of the judge. This judgement was written well before MDC congress 2019 was held. The issue of mootness was not part of record when judge gave judgement.
Something had to happen to that standing authoritative judgement. You cannot just say aah the matter is moot then what is the response to the points raised and fully debated before the judge. Something had to be done to the appeal.
This is where the judge says
notwithstanding the political mootness of this matter, it is imperative that there should be an authoritative determination of this appeal in the interests of justice.
The judge was very clear that he is giving an authoritative determination just on the appeal and not on the matter because the matter is beyond redemption. You cannot do anything. In his own words the interest is not to give individuals who feel aggrieved a relief but the interest is for justice delivery. Making a law. The words “thismatter” particularise the matter and its interests, where as the appeal relates to interests of any other people.
It then shows that the disposition written by the judge is just for the appeal on an authoritative basis only and not to give anyone a relief. Nobody should then bring issues relating to the matter back. They cannot be implemented.
I now go to give my view on the comments on disposition
.Disposition
The essence and objective of the corrective measures to be implemented by the Party is to restore the status quo ante that prevailed before the irregular and unlawful appointments to the Party presidency took place. This would necessitate having to extend the time limit prescribed in the Party constitution apropos the convening of an Extra-Ordinary Congress to elect a new President following the demise of Dr Tsvangirai. It would also involve modifying the judgment a quo to conform with that purpose.
This paragraph must be read with full understanding that the judge is dealing with the APPEAL and not the matter.(what is in HC record and grounds of appeal only) i) When the judge say
“The essence and objective of the corrective measures to be implemented by the Party The essence and objective of the corrective measures to be implemented by the Party” He does not refer to the matter but to the authoritative decisions to be taken on the appeal. This is so because he already said his intention is for justice delivery. Nobody must now bring back the issues to do with the present matter but future matters.
In doing so he say you need to restore the status quo before the irregular and unlawful appointments to the presidency. This is where most take the notion that SC said go back to 2014. This is not correct. Key words are “Appointments” and “Presidency”. It shows the judge is using 15 July 2016 as the point of reference. Dr Tsvangirai appointed Mr Nelson Chamisa and Mr Mudzuri to posts of Vice presidents and in terms of article 9.2 this post is a presidium post. Yet according to what Mashavira says these posts are for elected members. Only elected members may Act as president in terms of 9.21.1. Now the judge had to go back to that date and look for office bearers that were in the office of president. This exercise was not to look for the Secretary General or Treasurer or Organising Secretary of that time but to look for possible candidates who by that date were in the presidium and are elected office bearers.
This is the reason why we see that the judge explained first that the duty to convene an EOC is in the office of president. Anyone seating as Acting president can convene an EOC.
Now the court discovered that by article 9.21.1 the deputy president assumes, it does not say she is appointed but , she assumes the post by power of constitution.
By that it means she has the power to convene an EOC as the president.
In the absence of president and deputy president as at 15 July 2016 the National
Chair was the office bearer who assumes office of president in terms of article 9.3. This was the status quo that prevailed at the time of the appointments in relation to presidency. The status quo is not for names of people but office bearers seating in presidium as at that date.
Since it was raised that an EOC was suppose to be convened in its stipulated time and it is a matter on the record of appeal the court had to have a determination. The issue of time limit of holding an EOC has two implications.
The EOC must be held within a period of one year from date of death of seating president
The deputy president Act pending the extra ordinary congress which must be held within a year.
This EOC time limit is a constitutional time frame other than time frame of 6.2.2 congress and this can be extended. By extending this time limit you also extend the time limit of acting president.
However the court or anybody cannot extend the term of office of former president. This is so because of reason raised on why the matter was declared moot. However for authoritative source, a determination on such a circumstance should it repeat, had to be given. This is where the court put a provision to extend the time frame of holding an EOC to replace Dr Tsvangirai . People must not miss the reference always given by the judge on the EOC. He says to replace Dr Tsvangirai, which means you cannot be replaced beyond what Tsvangirai could possibly do. Dr Tsvangirai was bound to be dissolved by 6.2.2 congress which will be composed of totally new structures from provinces, districts, youths and woman assemblies. These new structures are not bound by old term of Dr Tsvangirai or any other office bearer. Their existence does depend on who is president or Chair or SG. They exist because article 2.1 of MDC
The MDC shall be a body corporate with perpetual succession, capable of Suing and being sued and acquiring and disposing of property in its own name.
MDC has a perpetual succession. Nobody is permanent on a position. So in short no one elected to replace Dr Tsvangirai can last longer than Dr Tsvangirai’s term. If by any chance that the Courts find that Mr Douglas Nwonzora was correctly elected as a replacement of Dr Tsvangirai by 2014 structures, let it be clear that such replacement was dissolved by article 6.2.2 of congress held in Gweru by newly elected structures of 2019. He cannot replace Tsvangirai beyond his term. ix) The court further state that it is amending the judgement a quo in order to conform with this purpose. It must be noted that the SC did not in any way bring a new judgement, but it amended the HC judgement to give authoritative determination on what the HC judge had said.
Take this as “correction” of the HC judgement for the purpose of giving an authoritative determination.
One then has to go to the original HC order and see what was then amended and reasons thereby. Once you miss that the SC judge amended a judgment of HC but did as a determination of only the appeal and not the matter you are bound to create the impression that SC said go and hold an EOC after it had declared the matter moot, thereby giving in to vultures. Once you also miss that the purpose of amending is to give a correctivemeasure on the appeal and not on the matter.
By checking the list of 5 orders given by HC you can see that the SC confirmed three and deleted order 4 and 5 of HC. xiii) Now one will have go again and see the deleted orders and see what they were saying before being deleted thus
4. The 1st respondent be and is hereby ordered to hold an Extra-ordinary Congress after the lapse of at least one month after the date of this Order.
This order was debated in the appeal hearing. It was one of the bases of appeal. In MDC there are 4 provisions of holding an EOC of MDC of the 4 which one can one authoritatively assign to this order. Who should carry the responsibility of implementing it of the 4 provisions? This same order had said “after lapse of at least one month from the date of this order”. When is that “after lapse of at least one month?” . Lets admit the order was vague and could give a lot of interpretation. It could also not go beyond constitutional time limits of holding 6.2.2 congress. Agreeably it had to be amended for authoritative source. This is where the judge chose article 9.1.2.1 of constitution which direct one person acting as president to exercise such powers. Again the purpose was not to direct Khupe or Komichi to convene EOC but to amend the High Court order and give responsibility to a person.
By giving 3 months to Khupe or 4 month to Khupe it is not the SC judgement date that is being referred to but HC judgement date, otherwise it will not be an amendment of HC judgement but a fresh judgement with its own judgement date. If that notion is taken this is where people say the judgement is dubious, but if you carry in mind that the judge already said he is amending HC judgement then be steady. The extension of 3 or 4 months are from date of HC judgement.
I know one would quickly want to ask why the SC extended the time when approached by Khupe . The answer is the courts are not politicians. They act on court record. Those that did it wanted to create a new matter other than what Mashavira brought in. By creating a new matter it depends on how each one react. That does not mean the matter before SC was not moot. That Mwonzora is using it for gain or zanu is using it is beyond court’s control. If MDC want to hold another EOC and elect a new president after 6.2.2 its their choice. The courts will extend unless one raises a point to object on the grounds that its no longer possible. Again its not for court.
The courts went a length to justify the route it took to amend HC order. This brought two split orders of alternative application. One is for a deputy president using article 9.21.1 and second is for Chair using article 9.3.
Take note that the judge says “ in her capacity as”/ “ in his capacity as”. The judge is not conferring a capacity to anyone. The capacity is conferred by constitution. To prove this, while the Court went to 15 July to establish the status quo of MDC presidium it never said Lovemore Moyo who had resigned from MDC must come and convene an EOC. The SC referred to the status of Komichi at the time of record and HC judgement, which was the Chairperson . The constitution article 9.21.2 confers that status with condition that it only last to the next congress. He cannot then act beyond what Moyo could have done. That will not be possible. Without that capacity one cannot convene an EOC for MDC. In that case the court was careful to state a condition that one has to have in order to convene an EOC. Without the required status you cannot. If the courts wanted to make them Acting president it would have been a declaration of that fact first. It never did so and could not have done so at all.
For amending order 4 of HC the SC came up with its order 3 and 4
One other that the public was trapped into is the issue of Chamisa grabbing power. Actually Mashavira himself say the event of 15 February 2018 was a non event. National Council could not confer Chamisa powers it did not have. This brings us back to the point that by 9.21.1 Khupe assumed role of president because that is what the constitution say. She never approached any competent court to say she is being obstructed to do her duty. Again she did not convene an EOC within a year. So when the court is giving a determination it actually putting blame to Khupe and Komichi for failing to do what they should have done in a year. When the Court is extending it is extending period of holding EIC it extend on the time the 1
years lapsed. The Court assumed Khupe had assumed her role. So how could Chamisa had grabbed power. In stead Khupe held a Congress of MDC T which is another party. She repeats again the same issue
ix) We go on number 5 of HC orders. It reads
5.The respondents are ordered to pay the applicant’s costs of suit, jointly and severally, the one paying the others to be absolved
In amending HC order 5 the SC deleted the order completely and says these words
As regards costs, there can be no doubt that this matter is of great public importance. Moreover, it was necessary that the issues raised herein be fully ventilated and satisfactorily resolved in the interests of all the parties affected. In these circumstances, it seems to me that the Court’s discretion on costs should be exercised so as to depart from the general rule that costs should follow the cause. I accordingly deem it just and proper that t here should be no order as to costs in respect of this appeal as well as the proceedings a quo
I cannot add more than just to say ultimately it is an amendment of HC order for the purpose of authoritative source. Correcting order 4 of HC is the major amendment that has brought us this far.
Courts decisions are source laws and if amended it is not a new source law but same one. The question is could the Courts have extended 6.2.2 congress time frame? No. Then yafa yakaloader. The amendment of order came too late. It now serve for authoritative purpose but not on the matter.
I now come to the tricky issue that Mwonzora is attracted on.
He is saying he won an EOC of MDC T presidency. This he is drawing a thread to all those that know Tsvangirai using name MDC T. This is the reason why he wanted to hide behind Thokozani Khupe. The after thought was strengthened when they first attempted to claim MDC
A based on ALLIANCE agreement in October there about. Then his belief was that the leader of MDC T was automatic successor of the MDC A presidency. After debate they later found out the agreement actually favoured Chamisa for he was selected to be presidential candidate as an individual. In that case he becomes part of MDC A logo. Again ZEC had Gazetted PR MPs on the name of MDC T. Should bi elections go as was scheduled on 5 Dec then Chamisa would be the legit brand for MDC A by ALLIANCE agreement. Khupe could not now change her party name in the Gazette.
This is where they hatched a plan to cancel the Bi election dates. Extend the date of EOC. Hear the matter of recalled MPs. Swear in Khupe so long then everything will fall in.
First The courts will rule that Khupe is illegally in parliament. ZEC erred. All MPs that were recalled for not being MDCA are brought back. However MDC A is a pact but by electoral law is a party.
Because Mwonzora is now the principal of MDC T he can claim right of MDC A. Why MDC T?
Because Tsvangirai Alliance Agreement in 2017 as president of MDC T.
Because Mwonzora want to claim the role principal of MDC T in order to claim right over MDC A.
Because all members of MDC who went to congress Gweru refused to be called MDC T. Not because they are not the party left by Tsvangirai but because MDC T had become a distinct political party as led by Khupe. This is why Chamisa says he is MDC A and refuses to be called MDC T which had become a separate party
I have seen a lot of people saying Chamisa has formed a new party called MDC A yet they do not want to say Tsvangirai formed a new party when he said he was MDC T.
The whole trick is in two sources.
i) Article 9.1.3 of MDC constitution reads
9.1.3
The President shall in general act as spokesperson of the Party on major policy issues and is the custodian of the Party name, logo and symbol.
The President shall be the principal public representative of the Party, provided that nothing in this section shall be construed as empowering the President to act or do anything contrary to the Party’s principles of open, transparent and democratic decision making.
After unanimously winning as the MDC president at a congress in Gweru Chamisa who was also the legitimate brand of the movement, had all powers to exercise his discretion and powers in 9.1.3 in matters relating to elections and electoral law and refer the party he leads as MDC A. This does not amount to forming a new party but a strategy of branding as he is the custodian of the symbol and name of the party. Just as then during Dr Tsvangirai who used MDC T. The trade name MDC T was used again by Dr Tsvangirai not as a different party but a trade name. He signed an alliance agreement on behalf of MDC in terms of article 3.7 of constitution. Which reads
3.7The MDC shall form alliances with political organisations, or united or popular fronts and may join national or international organisations which share the same social democratic values with it*
So yes MDC is a perpetual succession entity. What ever interests signed by Dr Tsvangirai as a president of MDC exercising powers in 9.1.3 belong to MDC and not MDC Tsvangirai or any other version of MDC.
The trick brought by Mwonzora of holding an EOC of MDC T and side-lining members regarded as MDC A is breach of order.
SC was about party known as MDC with a constitution in court.
Mashavira stated that he was a member of MDC and not MDC T. The Court has evidence that Khupe formed her own party called MDC T and if she convenes an EOC excluding MDC A on the basis that the 6.2.2 congress elected president prefers to exercise his 9.1.3 power and brand MDC as MDC A does not constitute an offence at all.
The second Source is the SC itself. Several parts of it , it mentioned the party before Court as the same one that got 88 seats in parliament and Chamisa being number 2 and Khupe 3 in presidential elections. We all know Khupe was MDC T and Chamisa was MDC A and non of them contested under MDC which is the name in Court. So by SC MDC= MDC A and not MDC T.
Any congress held under name MDC T is not complying with what the SC used to identify and describe the actual MDC that was before Court. MDC T was one of the evidence presented as ground to show that Khupe has moved on. MDC cannot be dragged on to where Khupe has moved on to.
That is why I pray before you to look at this and advise President Chamisa. My president I personally elected in Gweru congress of 2019 to stand up and defend our mandate.
Mwonzora is up to grabbing the name MDC Alliance using the title of principal of MDC T or block us from using MDC A. We know if you do not stand up now and put it bare the regime will manipulate the system.
Sanctions are good for Zimbabwe they help remove Mnanctions that have gotten 30,000 people killed (1983-2020) | DISAGREE/AGREE? pic.twitter.com/hgawWXxRiO
MDC ALLIANCE ASSEMBLY OF WOMEN DISTRIBUTES FOOD HAMPERS TO ITS NEEDY MEMBERS
“Blessed is the hand that giveth especially this festive season”. The MDC Alliance Assembly of women led by Acting Chairperson Hon Machirairwa Mugidho will tomorrow the 31st of December distribute food hampers to its needy members from its four provinces namely Harare, Bulawayo, Masvingo and Mashonaland Central. The food hampers were donated by the UK & Ireland Assembly of Women led by Chairperson Hellena Gusinyu. They embarked on the massive project of mobilising donations that enabled the purchasing of groceries for the less privileged families in Zimbabwe. Many thanks go to the fellow comrades in the diaspora who donated towards the humpers.
The UK and Ireland spokesperson, Tecla Bandawe, had this to say, “Though 2020 had been a difficult year we soldier on as the enemy continues to pursue us.” She also reiterated that the Covid-19 global pandemic did not spare them and also members & supporters of the MDCA that are being harassed & persecuted, the recalling of our MPs & Councillors by Thokozani Khupe to the heartless demolition of houses, ordered by Minister of local government July Moyo which left families vulnerable & homeless during this rainy season”. On the other hand, the Chairperson Ms Gusinyu urged Zimbabweans at large to continue to fight for better livelihoods, political and electoral reforms before 2023″
Hon Mugidho also had this to say,”The hampers may not be enough for every deserving member but the Assembly felt that it was our responsibility as a mothers to give to the needy so that they also put a smile on their faces.” She admitted that almost everyone in Zimbabwe need food due to the sinking economy which has been run down by Emmerson Mnangagwa but their hands were short since they are also struggling to make ends meet.
Hon Mugidho will be accompanied by members of her Management Committee and also members of the Assembly of Women Executive committee.
By A Correspondent- Numerous girls were ra_ped over the Christmas Day and Boxing Day holidays in various gatherings and events across the country, The Herald reports.
The matter came to light as the ZRP National Spokesperson Paul Nyathi was issuing a cautionary statement for the new year celebrations to be held countrywide starting tomorrow evening. Assistant Commissioner Nyathi said:
The ZRP appeals to members of the public to act responsibly and avoid over-excitement as people celebrate the New Year.
It is disturbing to note that some rape cases, especially those involving the girl child, were recorded in several parts of the country as children joined adults in celebrating Christmas at parties and other gatherings.
The public is however, reminded that public gatherings such as parties are banned under Covid-19 regulations except weddings, funerals and church services. These authorised gatherings are restricted to 100 or less people. No to rape cases during the holidays.
Rape cases involving girls between 13 and 17 were recorded in Gwanda, Mabvuku, Southlea Park, Esigodini, and Mbalabala over the holidays and ZRP also recorded 2 cases of suspected murder in Harare and Chiredzi.
The Supreme Court early this month ruled that the national flag carrier AirZimbabwe should reinstate the workers it fired 5 years ago after the Zuva Petroleum saga that changed labor laws drastically.
According to the publication, the Supreme Court upheld the labor court’s ruling and ordered that the workers be reinstated or be paid damages in lieu of reinstatement because their dismissal dismissals via three months’ termination notices were slipshod.
The development was confirmed by the AirZimbabwe lawyer Mr Mucheche who said: ..this legal obligation for reinstatement of the unfairly dismissed employees without loss of salary and benefits or payment of damages in lieu of reinstatement
Since the Supreme Court judgment is final and not appealable, the administrator is legally bound.
The employer has a huge backlog of back pay wages and benefits for five years to pay the over 300 reinstated employees.
Air Zimbabwe has even notified fired workers that the reinstatement letters are ready for collection. MDC Alliance leader Nelson Chamisa was one of the lawyers working on the case when the landmark ruling was made in 2016.-statemedia
By A Correspondent- Amalgamated Rural Teachers Union Of Zimbabwe has criticized the government’s decision to go ahead and open schools for the 2021 school calendar and said controversy awaits the school opening due to rising COVID-19 cases, projected Cyclone Chalane, and general teacher incapacitation, Newsday reports.
ARTUZ President Obert Masaraure speaking to the publication had this to say about schools opening:
The incapacitation crisis, COVID-19 crisis and Cyclone Chalane crisis will make it impossible for schools to efficiently open doors for learning.
The education crisis of 2020 will definitely spill into 2021 as no fundamental interventions were instituted during the brief holiday.
Masaraure said they will escalate their campaign aimed at uniting stakeholders to implore the government to ensure quality education is delivered:
ARTUZ will escalate the #SaveOurEducationZW campaign in a bid to unite education stakeholders to force government to account on the front of delivering inclusive quality education.
Other stakeholders which include Community Working Group on Health executive through its director Itai Rusike said the government should exercise caution because of the COVID-19 second wave:
As our COVID-19 cases continue to escalate, with the second wave of transmission already upon us, with the looming threat of the new COVID-19 variant posing a serious concern for the populace, the government of Zimbabwe should exercise extreme caution as it prepares to open schools on January 4 2021
Schools are scheduled to open next week on Monday after a short break over the Christmas holiday.
SOUTH Africa’s Home Affairs Minister Dr Aaron Motsoaledi yesterday said the neighbouring country will not close its land borders under the Covid-19 level 3 lockdown but will be deploying more workers to enhance a speedy flow of human and vehicular traffic from January 2 to 14.
Already south bound traffic is building up at Beitbridge where curfew hours are now 9PM to 6AM. In the past the curfew hours were 10PM to 6AM.
After 9PM the borders will be closed to general travellers except for commercial trucks.
Under the level 3 lockdown, all indoor and outdoor gatherings are prohibited until 15 January.
5 technical officials of the CHAN team have also tested positive to Covid-19 including some of the coaches bringing the total number of those affected to 14.
The Zimbabwe Football Association confirmed this on Twitter this morning.
This comes after ZIFA suspended training yesterday after nine players tested positive.
The provisional 23-men squad conducted its first training session at the National Sports Stadium’s B Arena in Harare this Monday after a Christmas holiday break.
The Chan tournament will run from January 16 to February 7 in Cameroon.
Wind and rains intensify and it has been raining continuously since 1600hrs.
In the morning we had light showers and some breaks.
In Ngangu, a few houses had their roofs blown off by the powerful midday winds, also a flea market in Ngangu has bn razed to the ground.
In village, the big tress are acting as windshields and I havent noticed any structural damage as yet.
Anglican Church later opened in the afternoon and now hosting some other people. UBC Church is full to the bream, and an arrangement we have made is to make women and children occupy the church whilst the majority of males are accomodated at Saul Chivasa’s house next to UBC Church. Chivasa has also offered kitchen facilities and firewood at his place.
Most of our disabled citizens are housed at Chm Pry, and I havent had the chance to be there as yet.
The biggest challenge is that we have a disaster in the midst of the Covid 19 pandemic, there is literally no Covid 19 PPE, and there is no toileteries. No safety regulations are being observed at all, pple have no choice.
Lack of food cld also be a challenge if it keeps raining for days. Only a handful brought food and we will see how it goes.
We just pray that there will be no further damage.
By A Correspondent- Aaron Motsoaledi on Wednesday set the record straight regarding recent congestion at the Beitbridge border post.
The home affairs minister was outlining the government’s Covid-19 intervention procedures as the country expected volumes of people to return to SA between January 2 and 14.
He said among reported inaccuracies were claims that the government, particularly his department, failed to plan ahead to reduce huge congestion at Beitbridge.
“It was also claimed that as a result of this lack of planning, four or five truck drivers died of dehydration while waiting in the queue because the state failed to provide water and ablution facilities.”
“In December 2019 there were 368,895 travellers [who] crossed Beitbridge. In contrast, by December 27 2020 there were only 103,224 who crossed Beitbridge.
“Simply put, only 27% of the travellers who crossed Beitbridge last year did so this year.”
Motsoaledi said it was not true that the state had not prepared adequately.
Explaining what occurred, he said: “It is well known that Botswana introduced tight lockdown regulations and a strict curfew to protect her own citizens from the ravages of Covid-19. Many trucking companies found it unprofitable to cross into the region through Botswana. The SA border post with Botswana which is closest to Beitbridge is Groblersbrug.”
Usually at this time of the year, he said, Groblersbrug was used as an overflow area when Beitbridge could not cope with the number of trucks.
“This year it was the other way round. Trucking companies diverted their trucks away from Groblersbrug to Beitbridge because they did not accept the waiting times imposed by the Covid protocols in Botswana.”
He said in December last year 6,706 trucks went through Groblersbrug.
“By December 27 2020 only 2,968 trucks had gone through Groblersbrug. This means only 45% of the total number of trucks processed last year went through Groblersbrug.
“In contrast, 19,800 trucks went through Beitbridge in December 2019, compared to 21,800 by December 27 2020.
“A simple analysis will show that Groblersbrug has 3,738 fewer trucks this year compared to 2019 and at least 2,000 of these trucks found their way to Beitbridge, hence the congestion.”
He said with this increased number of trucks, many truck drivers at Beitbridge panicked and thus abandoned prior arrangements which were made with authorities for a smooth flow of traffic.
“The normal arrangement is that trucks park in holding areas or truck stops where they finalise a myriad documents demanded by Sars and various trade protocols. By the time they leave the holding areas, most of this administrative work will have been completed, which will result in a smooth transition at the border post.”
Unfortunately, these holding areas were abandoned. Trucks parked on the road and occupied incoming traffic lanes, blocking traffic from Zimbabwea to SA.
“It is not apportioning blame to truck companies when these facts are stated. They are just facts which are backed by figures. And we cannot spin them in any other way, as the [Road] Freight Association of SA tried to in the past week. Indeed, facts are stubborn.”
The minister criticised inaccuracies about the deaths of truck drivers while waiting in long queues, which have caused confusion and anger in communities.
“Death is a very emotive issue, which flairs up passions to those who are listening. These emotions turn into anger because it is traumatic and psychologically debilitating to listen to stories of death continuously. This generates anger against the state,” said Motsoaledi, who was addressing the media on immigration matters and border law enforcement under adjusted Covid-19 alert level three.
He said it was reported that four or five truck drivers died of dehydration, hunger or exhaustion.
In a bid to ascertain the facts, the department of home affairs asked the Road Freight Association for the names of the drivers who allegedly died.
“Yesterday the CEO referred us to a police officer in Limpopo. When we phoned this police officer, he told us that he doesn’t know where all this is coming from or why we are being referred to him.”
It was later established that the police and the Limpopo department of health only had a record of one death, the cause of which was disclosed by the deceased’s family.
The other deaths, he said, were not related to the congestion over the Christmas period.
“There was, of course, some mortality of people who have nothing to do with truck driving, but are always in that area and this occurred on the 8th, 13th, 14th and the 22nd of December – i.e. before the period of congestion.
By Jane Mlambo| Olympique Lyon striker and Zimbabwe national soccer team player Tino Kadewere has shared pictures of his meeting with President Emmerson Mnangagwa in a move that has divided opinion in the country.
By A Correspondent- Exactly 713 days since he was stabbed in the back by his colleagues, suspended Zifa vice-president and Bulawayo businessman Gift Banda could be reinstated at the end of the Zifa annual general meeting in Harare on Thursday.
Delegates are expected to deliberate on, among other issues on the agenda, the January 18, 2019, suspension of Banda over a cocktail of charges following his ‘appointment’ of Bongani Mafu and Tonderayi Ndiraya as Warriors’ assistant coaches, replacing then assistants Rahman Gumbo and Lloyd Mutasa.
The executive committee accused Banda, who was acting president at that time, of usurping the powers of the executive, which, according to the constitution, is responsible for appointing national team coaches.
Banda denied the charges and said he only made recommendations, a point that was also raised by the disciplinary committee, which absolved him of any wrongdoing and acquitted him.
Unhappy with their own judicial body’s judgement, Zifa appealed to the Appeals Committee, which upheld the disciplinary committee’s ruling.
It also ruled that Zifa had failed to provide proof of appeal fees payment as required by Article 7.1 of the Zifa rules and regulations.
Still Zifa refused to accept the outcome and instead filed for condonation, arguing that it had failed to avail the proof of payment because “our accountant couldn’t get into town due to the lockdown”.
“Our football is not a kindergarten where someone can just choose to play on. It’s clear that all these guys wanted was to keep Banda frozen out for as long as possible for their selfishness. As councillors we are putting an end to all this poorly scripted comical drama. Football must and will be the winner, not selfish personalities within the game,” said one delegate.-statemedia
They play the GBV card when it suits them. Mary Chiwenga is being abused and the state apparatus is being used in the process. It's surprising that the GBV activists are quiet. Let's unite against GBV irregardless of who the victim is.
Liverpool head into 2021 with a three-point lead at the top of the Premier League after a goalless draw with Newcastle United on Wednesday night.
The Reds were held for the second successive top-flight match as Mohamed Salah and Roberto Firmino saw their most promising chances stopped by Karl Darlow in the Magpies net.
Thiago Alcantara made his comeback at St. James’ Park, entering the action as a second-half substitute for his first appearance since mid-October.
But a winner did not materialise, though the champions nevertheless conclude their schedule for the calendar year sitting at the summit of the division.
Team news
Jürgen Klopp made two changes to his starting XI at St. James’ Park, with one enforced: Nathaniel Phillips replaced the injured Joel Matip in central defence.
James Milner was deployed in midfield against one of his former clubs, with Georginio Wijnaldum dropping to a bench that also included Thiago, who is back after a knee injury.
First half
The home side began brightly and carved out the first serious scoring chance on 12 minutes.
Matthew Longstaff’s clipped pass over the top into the left channel invited Callum Wilson to chase past Phillips and line up a close-range shot as he broke into the penalty box.
But Fabinho covered across and the intervention of his foot was perfectly timed and placed to divert the effort away from Alisson Becker and the Liverpool goal.
At the other end, Milner drew a comfortable save from Darlow when he moved onto a loose ball 25 yards out and sent it back with a low, first-time left-footer.
Andy Robertson was able to continue after requiring treatment due to a collision with DeAndre Yedlin and the left-back picked out a free Firmino in the 32nd minute.
His sweeping cross from the flank matched the Brazilian’s surge into the area, only for Firmino’s touch to let him down and allow Newcastle to clear.
The finest opportunity of the opening 45 minutes for the Reds soon came for Salah.
Jordan Henderson arced a lofted pass into the Magpies box for the No.11, who evaded an offside call by a small margin and controlled the ball sufficiently to create a one-on-one situation with Darlow.
Salah tried to thread his finish between the opposition goalkeeper and the left post but was thwarted by the outstretched fingertips of Darlow, which sent the strike wide.
In added time, the hosts’ stopper denied the visitors again, this time repelling a Firmino header from Sadio Mane’s spun delivery into the centre. And so it was stalemate at the break.
Second half
Liverpool settled into a dominance of possession as the second half ensued and Mane nodded Trent Alexander-Arnold’s near-post corner narrowly wide when it was nine minutes old.
The hour mark arrived with little suggestion a breakthrough was forthcoming at either end, yet it could have done for the Reds with back-to-back chances midway through the period.
First, industrious work from Firmino around the halfway line preceded a careful pass forward for Salah, in space to the right, to bear down on Darlow.
Having stepped inside a defender, he opened up his body and attempted to shape a shot across the ‘keeper and into the opposite corner, only to guide it the wrong side.
Next, Robertson’s deep, swerving corner from the right sailed over Darlow and reached Firmino at the back post with a sizeable segment of the goal unguarded – but his header drifted wide.
Klopp opted for changes in between those opportunities, with Wijnaldum and then Thiago introduced from the bench in the quest to prise Newcastle open.
Alisson was forced into a vital save as the contest approached its final 10 minutes, the No.1 reacting quickly to push away Ciaran Clark’s header across goal from a free-kick.
Within moments, the home team were indebted to Fabian Schar, who hooked the ball off the line before Mane could tap in after Darlow pawed Alexander-Arnold’s cross against the Reds forward.
The Magpies custodian clawed out another Firmino header in the final minutes – and followed up to prevent a rebound, too – and Liverpool had to settle for a point to sign off 2020.
COVID-19 positive cases jumped from below 120 daily cases in the last few weeks to 300 cases yesterday which is this month’s all-time high. This was revealed by the Ministry Of Health which stated that cases 13 cases were returnees but the rest were local cases.
Said the Ministry in the update:
300 new cases and 1 death reported in the last 24 hours. 287 are local cases and 13 are returnees, 4 from South Africa and 9 from Botswana.
The update also noted that the single death reported in 24 hours was from Midlands. The country has so far recorded over 13 600 cases and the recent upsurge in cases has prompted the government to postpone school opening until further notice.
Meanwhile, a COVID-19 vaccine developed by Oxford University was approved in the UK which makes it the 3rd vaccine the world has seen since the onset of the pandemic in China last year.
“As a party and Government, we are inspired and encouraged by the milestones we continue to register in our quest to modernise, industrialise and grow our economy. Targets set out by the party under the 2018 People’s Election Manifesto are being achieved.
“Indisputable success continues to be scored in all sectors of our economy such as agriculture, mining and tourism, manufacturing, infrastructure development, education, health and cultural heritage.
“In the Second Republic and informed by the TSP (Transitional Stabilisation Programme) and its successor policy, the National Development Strategy 1 (NDS1) (2021-2025), the party is a party of production and productivity”. – Emmerson Mnangagwa
By A Correspondent- President Emmerson Mnangagwa will be taking his annual leave from 1 January 2021 to the 2nd of February 2021, handing over executive authority to his two Vice Presidents.
A 31st of December Tweet by the Ministry of Information, Publicity & Broadcasting did not specify where Mnangagwa will spend his four-week vacation. He will be away till the 2nd of February.
Zimbabwe traditionally has two vice presidents, the president has handed over to the two of them, they are expected to act in turns, the statement stressed.
“We wish to advise the Nation that HE, President ED Mnangagwa will be taking his holiday break from the 1 January 2021 to the 2nd of February 2021. Hon VP Mohadi will be acting President from 1 January to 14 January 2021. Hon VP, Dr CGDN Chiwenga from 15 Jan to February 2021,” the statement read.
It is urgent that we should work towards ending the international isolation of Zimbabwe, there's no doubt that Zimbabweans working together can make this country into an economic powerhouse – @DMwonzorapic.twitter.com/QDS4PWqXp3
Zengeza West legislator Job Sikhala has threatened a general strike over the incarceration of a member of the Amalgamated Rural Teachers Union of Zimbabwe who was jailed 16 months for protesting against poor remuneration.
Sikhala said Sheila was a victim of weaponisation of the law to persecute people.
“This message from the ARTUZ President Obert Masaraure has touched me. The woman Sheila is a casualty of the regime’s weaponisation of the law to persecute people. #FreeSheila, failure of which we will call for a general strike,” said Sikhala.
The Zimbabwe Football Association (ZIFA) has temporarily suspended Warriors training sessions in preparation for CHAN.
The country’s football governing body announced on Tuesday that nine Warriors players CHAN squad tested positive for the global pandemic.
Consequently, training sessions have temporarily been suspended.
”All the affected players have been notified and quarantined in line with World Health organisation (WHO) dictates. The players have also been advised to inform their families and contacts. The Zimbabwe Football Association has also informed the Confederation of African Football (CAF), Sport and Recreation Commission (SRC) and the City Health Department for further guidance. Meanwhile, ZIFA has temporarily suspended all training sessions for the CHAN team pending consultation with other stakeholders, but the team remains in camp until further notice,” reads a statement by ZIFA.-Soccer 24
Atletico Madrid have terminated the contract of striker Diego Costa.
The 32-year old’s deal was set to expire at the end of the campaign, and was widely expected to leave in the summer anyway.
The club confirmed the development in a statement on Tuesday.
The statement read: “Agreement with Diego Costa for the termination of his contract. The club wishes the striker the best of luck in the next stage of his professional career.”
Costa rejoined Atletico from Chelsea in 2017, and has scored 19 goals in 81 appearances in all competitions since then to help his side win a Europa League and UEFA Super Cup.-Soccer 24
Tinashe Sambiri|The MDC Alliance has called for the immediate release of jailed ARTUZ member, Sheila Chisirimunhu.
Chisirimunhu was sentenced to 10 months in prison for protesting at pathetic living conditions.
In a statement, MDC Alliance Secretary for Welfare, Maureen Kademaunga, described the conviction and sentencing of Chisirimunhu as atrocious.
“Zimbabwe’s gvt sentenced a 53 -year- old, widowed female teacher to 10 months in prison.
Her crime was demanding a reasonable salary.
Trs in Zimbabwe were earning USD 30 monthly. The salary was slashed from USD 500 monthly. Kindly assist us to pile pressure on this gvt to release Sheila by adding your voice to the #FreeSheila campaign.
Sheila is the sole bread winner in a family of 6. Stop terrorising innocent citizens.”
Popular Zimdancehall chanter Soul Jah Love (real name Soul Musaka) was yesterday arrested after a promoter reported him to the police for receiving his money and not showing up to perform for the show he was paid for, H Metro reports.
Musaka will appear in court today facing unnamed charges after the unidentified promoter who reportedly paid him $300 to perform at a Private show on Christmas Day laid charges against him.
Musaka reportedly pulled a similar stunt in South Africa in November and fans reportedly protested against the chanter and damaged property worth thousands of Rand.
He, however, dismissed the reports saying the promoter came to take him from the hotel where he was staying a few minutes before the time of the curfew, therefore, there was no way he would have performed.
It had also been alleged that the Pamamonya Ipapo hitmaker had abused drugs and resultantly, he could not perform.- H Metro
Popular Zimdancehall chanter Soul Jah Love (real name Soul Musaka) was yesterday arrested after a promoter reported him to the police for receiving his money and not showing up to perform for the show he was paid for, H Metro reports.
Musaka will appear in court today facing unnamed charges after the unidentified promoter who reportedly paid him $300 to perform at a Private show on Christmas Day laid charges against him.
Musaka reportedly pulled a similar stunt in South Africa in November and fans reportedly protested against the chanter and damaged property worth thousands of Rand.
He, however, dismissed the reports saying the promoter came to take him from the hotel where he was staying a few minutes before the time of the curfew, therefore, there was no way he would have performed.
It had also been alleged that the Pamamonya Ipapo hitmaker had abused drugs and resultantly, he could not perform.- H Metro
Thokozani Khupe With those fraudulent 118 Votes will continue with her Charade like I said last week Mwonzora will be the biggest loser if this suspension is endorsed by ED.
If ED okays the arrest and recall of Mwonzora from Parliament it will be the end of Mwonzora.
Khupe does not need voters or Congress delegates she only need ED. The real battle is between ED and Chiwenga.
So we will see who prevails between the two so far Chiwenga is ahead because of the announced results.
Thokozani Khupe With those fraudulent 118 Votes will continue with her Charade like I said last week Mwonzora will be the biggest loser if this suspension is endorsed by ED.
If ED okays the arrest and recall of Mwonzora from Parliament it will be the end of Mwonzora.
Khupe does not need voters or Congress delegates she only need ED. The real battle is between ED and Chiwenga.
So we will see who prevails between the two so far Chiwenga is ahead because of the announced results.
Tinashe Sambiri|The MDC Alliance has called for the immediate release of jailed ARTUZ member, Sheila Chisirimunhu.
Chisirimunhu was sentenced to 10 months in prison for protesting at pathetic living conditions.
In a statement, MDC Alliance Secretary for Welfare, Maureen Kademaunga, described the conviction and sentencing of Chisirimunhu as atrocious.
“Zimbabwe’s gvt sentenced a 53 -year- old, widowed female teacher to 10 months in prison.
Her crime was demanding a reasonable salary.
Trs in Zimbabwe were earning USD 30 monthly. The salary was slashed from USD 500 monthly. Kindly assist us to pile pressure on this gvt to release Sheila by adding your voice to the #FreeSheila campaign.
Sheila is the sole bread winner in a family of 6. Stop terrorising innocent citizens.”
I have read your comments published in The Herald regarding the violence at the MDC-T Extra-Ordinary Congress. You sound knowledgeable on the point that once the Congress process commences, candidates become equal and no candidate has superior powers over the other.
However, you may have missed the video footage where an announcement was made for anyone who was not a polling agent to leave the floor when Dr. Khupe and Senator Komichi were raising issues. Security were instructed to remove people. “Security, buritsai vanhu vese except ma polling agents”.
I assume this announcement was made by the members of the Electoral Body, who were supposed to be listening to the complaints and addressing them. The security personnel were so vicious it would have been unsafe for a traumatized Dr. Khupe to insist.
So, if everyone had been told to go out, who was left behind voting? Just Mwonzora’s supporters? Effectively, whoever announced that people be moved out also effectively stopped the election process, and only resumed it after Dr. Khupe had left.
It was at that point that Dr. Khupe went to the podium to announce the stopping of the violent process. So in my view, due to the Electoral Body seemingly uninterested in intervening, I guess Dr. Khupe has no choice but do what she did. Remember she had Supreme Court authority to manage things until 31 December 2020.
I am not sure if there were some women in the electoral body who could not raise a voice
Tinashe Sambiri|The MDC Alliance has called for the immediate release of jailed ARTUZ member, Sheila Chisirimunhu.
Chisirimunhu was sentenced to 10 months in prison for protesting at pathetic living conditions.
In a statement, MDC Alliance Secretary for Welfare, Maureen Kademaunga, described the conviction and sentencing of Chisirimunhu as atrocious.
“Zimbabwe’s gvt sentenced a 53 -year- old, widowed female teacher to 10 months in prison.
Her crime was demanding a reasonable salary.
Trs in Zimbabwe were earning USD 30 monthly. The salary was slashed from USD 500 monthly. Kindly assist us to pile pressure on this gvt to release Sheila by adding your voice to the #FreeSheila campaign.
Sheila is the sole bread winner in a family of 6. Stop terrorising innocent citizens.”
By A Correspondent- Cold Storage Company (CSC) management was evading tax, prejudicing the Zimbabwe Revenue Authority (Zimra) of potential revenue, a recent forensic audit shows.
The audit report by Auditor-General Mildred Chiri raised the red flag on CSC’s payroll system for the year 2016.
The report shows that CSC did not have a defined and formalised procedure for payroll data changes or any authorisation for the addition of people to the payroll among other anomalies.
In three years, CSC management were evading tax as their allowances were being paid outside the payroll.
“From our analysis of CSC payroll summaries for the period 1 July 2012 to 30 June 2015, we noted that of the US$1 071 309,37 allowances paid to management, US$660 487 was paid through the payroll while US$410 822 37 was paid outside the payroll and not subjected to tax as required by section 8(10(b) of the Income Tax Act,” the report shows.
“There is a potential tax liability on the allowances CSC management received.”
While CSC employees were swimming in poverty as the meat processor failed to pay salaries, management cushioned itself with personal loans yet the company had no loan policy, the report added.
As of June 30, 2015, CSC owed a total of US$4 024 568 to employees in unpaid salaries and allowances while management was owed $273 152,74. During the time under review, CSC owed the National Social Security Authority and Zimra US$646 257 and US$847 626 respectively for statutory pension and pay as your earn.
“Despite CSC being unable to pay employees’ outstanding salaries, for the period under review, the company advanced certain staff members within the management grouping personal loans worth US$74 531 21 at an interest rate of 8% per annum and the balance outstanding as at June 2015 was US$26 150,” the audit report read.
“The personal loans were approved by human resources director (Moses Mrewa) and the chief executive officer (Ngoni Chinogaramombe) and in some instances by the administration manager (Chagwinya). Mrewa confirmed that CSC does not have a loan policy for employees.”
By A Correspondent- A suspected rapist was allegedly sold out by his footprints after he attempted to rape a minor in Rushinga Mashonaland Central province.
Raymond Chiripa (23) of Pound village, Chief Makuni in Rushinga’s luck ran out when the complainant screamed for help when he pulled her skirt down in a dark room where she was sleeping.
Chiripa appeared before Bindura provincial magistrate Tinashe Ndokera yesterday.
The state-led by Edward Katsvairo alleged on December 26 around 3am Chiripa stormed into a 16-year-old’s bedroom taking advantage of the dark.
He caressed the complainant who was sleeping and she woke up prompting Chiripa to temporarily hide.
The alert complainant waited for the suspect to touch her again and screamed for help when Chiripa pulled her skirt down.
The complainant’s mother came to her rescue but the suspect managed to escape.
She narrated everything to her and they managed to track the suspect’s footprints which led them straight to his house.
The Zimbabwe Republic Police has warned the public that the country is still under lockdown and social events such as parties, all-night prayers, musical galas and concerts will not be allowed on New Year’s Eve. We present the police statement in full below.
PRESS STATEMENT
30 DECEMBER 2020
THE ZRP CAUTIONS THE PUBLIC ON NEW YEAR’S EVE ACTIVITIES
As the country joins the rest of the world in celebrating the New Years eve on the night of 31. December 2020, the Zimbabwe Republic Police cautions the public against the holding of unsanctioned parties, use of firecrackers, skidding of vehicles, beating and overturning of bins and drums in residential, business and other areas as a way of celebrating the New Years eve.
Members of the public are warned that the country is still under Covid 19 national lockdown and all regulations put in place by the government for health, safety and security are still in force. No all night prayers, musical galas or concerts are allowed. Bars, Beerhalls and Night Club operators should take note that they are yet to be allowed to operate.
The public should remain peaceful on 31 December 2020 and act in a responsible manner to curb crime. Children, especially the girl child should be monitored and protected from criminal elements.
Police will intensify patrols, stop and searches and blitz on all residential, industrial, fanning and other areas where the public will be undertaking various activities.
Let us celebrate the New Years eve in a responsible manner and remain alert for the safety of all Zimbabweans and effective maintenance of law and order in the country.
(NYATHI. P) Assistant Commissioner Senior Staff Officer [Press, Public and Int Relations] To the Commissioner General of Police Police General Headquarters.
By A Correspondent- The Ministry of Primary and Secondary Education would like to advise its valued learners, parents, guardians and other stakeholders, that in light of the surge in COVID-19 infections and the new and more contagious variants of the disease as well as the threat posed by Cyclone Chalane,
Government has seen it fit to deviate from the previously announced 2021 School Calendar that directed schools to open on 04 January 2021.
In this regard, please be advised that:
– 2020 ZIMSEC ‘0’ and ‘A’ level examinations will resume on 05 January 2021 to 05 February 2021 as previously announced.
– Having deferred the opening of schools beyond 04 January 2021, the dates for the commencement of the 2021 School Calendar for all primary and secondary schools will be announced in due course as Government monitors the situation.
The Ministry of Primary and Secondary Education takes this opportunity to remind learners, parents and guardians to reinforce wearing of face masks, physical distancing as well as handwashing to prevent the spread and infection of COVID-19. In the meantime, heads of schools should continue with preparations for the safe opening of schools and the accelerated implementation of teaching and learning activities.
The Ministry remains committed to the provision of quality, relevant, equitable, inclusive and wholesome education for all Zimbabweans.
By A Correspondent- A Kadoma based shebeen owner is in hot soup after he allegedly murdered one of his patron with a wooden log.
The matter came to light at Kadoma magistrates courts yesterday where Mind Bernard (29) of house number 75 Martin Spur Kadoma was not asked to plead to a murder charge before magistrate Shingirai Mutiro.
Mutiro remanded the suspect to January 12 next year in custody and advised him to apply for bail at the High Court.
The state alleges on December 26 around 2am the now deceased Dickson Phiri had a misunderstanding with one of his relatives.
The two fought and when Bernard discovered that the two were now disturbing his patrons he tried to refrain them.
The deceased charged at Bernard grabbed him by the neck and knocked him down.
The furious suspect rose and picked a wooden log which he used to strike the deceased’s back and once on the stomach.
He was ferried to Kadoma hospital where he died along the way.
By A Correspondent- Shamva miner, John Maungwa who has been in custody for reportedly stealing gold ore from his own mine has been released on bail, with his rival Chantelle Chikafu who caused his arrest suffering a blow as she had reportedly returned to his mine while he was in prison.
Maungwa was arrested on Monday last week and he spent two nights in police cells before he was brought to court on Wednesday, where he was remanded in custody for bail ruling on Christmas Eve after the state had opposed bail.
Chikafu who once masqueraded as President Emmerson Mnangagwa‘s daughter had made a report to the police that Maungwa had stolen 390 tonnes of gold ore, which she had mined together with Shamva North MP, Oscar Gorerino Zanu PF.
Maungwa was not asked to plead to theft of gold ore when he appeared before provincial magistrate, Tinashe Ndokera and was remanded to January 12 on $ 20 000 bail.
Maungwa had been denied bail after the State through the arresting officer, Detective Assistant Inspector Samson Pasipamire from Bindura Criminal Investigations Minerals, Flora and Fauna Unit had opposed the granting of bail.
Ndokera had no kind words for Pasipamire saying that there was no need to deny Maungwa bail as his docket indicated that investigations had been completed on December 22.
He also got a backlash from Maungwa‘s lawyers, Gumbo and Associates, after he failed to give credible reasons why he arrested and detained the miner in the presence of High Court orders in his favour.
Pasipamire in his reasons for arresting the miner said Maungwa later took gold ore from a place outside his Wickman 23 Mine, an assertion which was dismissed as the High Court orders gave unfettered mining rights to him to mine.
Charges against Maungwa emanated when he had returned to his mine after High Court judge Justice Jacob Manzunzu on April 29, ruled that he be restored possession of Wickman 23 Mine in Umfurudzi Game Park, which Chikafu’s gang working in cahoots with Gorerino, had allegedly violently grabbed from him.
It is alleged that Maungwa‘s arrest is a ploy by Chikafu and Gorerino to fix him for winning the court case which gave him unfettered mining rights.-newsday
By A Correspondent- Zimbabwe has banned the use of mercury in mining and placed controls on its release from industrial operations, joining several countries which have phased out the toxic metal, state media reported on Tuesday.
The ban will affect small-scale gold miners who use it to extract gold. Small-scale miners now produce more than half of the country’s bullion output.
The state-owned Herald newspaper reported that Zimbabwe had ratified the Minamata Convention banning the use of mercury in mining and put in place regulatory measures to stop its release from industrial equipment like boilers, incinerators and power stations.
Mercury, which is easily accessible to miners in Zimbabwe, is highly toxic and poses severe public health risks when it contaminates food and ground water.
Zimbabwe recorded five more Covid-19 deaths yesterday, to push the overall death toll to 354 since March when the pandemic first hit the country.
The deaths were reported by Bulawayo, Harare, Manicaland, Mashonaland East and Masvingo.
All the provinces recorded one death.
Turning to the 71 new Covid-19 cases recorded yesterday, 69 were local transmissions while two were imports.
Yesterday, Zimbabwe conducted 951 PCR tests.
However, despite a surge in new cases, Zimbabwe recorded 112 new recoveries, leaving the national recovery rate at 81,4 percent.
The number of active cases is now 2 089.
As of yesterday Zimbabwe has recorded 13 148 Covid-19 cases and 10 705 recoveries.
The country has stepped up efforts to reduce the transmission of Covid-19, and plans to de-congest all ports of entry.
Roadblocks have also been mounted to screen for Covid-19 on all roads leading to/ or from borders.
Surveillance measures have been upped to ensure those manning security checkpoints will not be involved in corrupt tendencies, which might plunge the nation into bigger trouble with the Covid-19.
South Africa and Britain have reports new variants of Covid-19, and Zimbabwe does not want to be caught unawares.-Statemedia
We filed an application for an interdict and declaratory relief on unsafe schools opening. It is our view that schools should only open in March when gvt has funded the implementation of SOPs.Gvt has already varied opening dates but exams shld also be stopped. #SaveOurEducationZWpic.twitter.com/8taBeON0IN
— Amalgamated Rural Teachers Union of Zimbabwe,ARTUZ (@ARTUZ_teachers) December 30, 2020
By A Correspondent- The treasurer general of Crisis in Zimbabwe Coalition who is also the Secretary General of Gwanda Residents Association has tested COVID-19 positive.
Bekezela Maduma Fuzwayo is currently at a private health facility where he is recuperating.
According to a family source, Maduma Fuzwayo has been hospitalised for the past four days.
Said the source:
“He is much better and recovering well. We keep on praying for his speedy recovery.”
The development comes as the health ministry reported that Zimbabwe recorded five more Covid-19 deaths yesterday, to push the overall death toll to 354 since March when the pandemic first hit the country.
The deaths were reported by Bulawayo, Harare, Manicaland, Mashonaland East and Masvingo.
All the provinces recorded one death.
Turning to the 71 new Covid-19 cases recorded yesterday, 69 were local transmissions while two were imports.
The state media reported that, yesterday, Zimbabwe conducted 951 PCR tests.
However, despite a surge in new cases, Zimbabwe recorded 112 new recoveries, leaving the national recovery rate at 81,4 percent.
The number of active cases is now 2 089.
As of yesterday Zimbabwe has recorded 13 148 Covid-19 cases and 10 705 recoveries.
By A Correspondent- Beitbridge municipality has been hit by mass resignations of key staff amid allegations of conflict of interest and abuse of office.
It is understood that despite having been swept under the carpet over the years, several cases of fraud, abuse of office, improper allocation of stands, cash shortfalls among others are beginning to surface.
This is against poor service delivery that has seen the local authority failing to maintain roads in residential areas.
Sewer bursts are a daily occurrence while the Environmental Management Agency has turned a blind eye to burst sewage pipes and uncollected garbage.
At least six officials resigned this year, among them housing officer Nicholas Muleya, who had an architectural concern and Oliver Sijiye, the municipality’s town planner who had a company that moulds bricks. Marvin Ramakgapola, from the Treasury Department left in a huff after failing to account for fuel drawn for personal use from a municipality account.
Although this was a theft case, the municipality chose to hold a disciplinary hearing. Another accounts clerk left in a huff as investigations into missing funds were launched.
An assistant executive left to join her spouse in South Africa.
Town Clerk Loud Ramakgapola yesterday said those who resigned had done so for personal reasons and he was not aware that they fled possible criminal prosecution.
“Well their reasons are always personal. I may not be privy to that as some things could have happened before my time,” he said.
He joined Beitbridge municipality in 2014.
Asked about improper allocation of land and stands Ramakgapola said this might have happened before he joined the local authority.-newsday
By A Correspondent- Amalgamated Rural Teachers Union Of Zimbabwe has criticized the government’s decision to go ahead and open schools for the 2021 school calendar and said controversy awaits the school opening due to rising COVID-19 cases, projected Cyclone Chalane, and general teacher incapacitation.
ARTUZ President Obert Masaraure speaking to the publication had this to say about schools opening:
The incapacitation crisis, COVID-19 crisis and Cyclone Chalane crisis will make it impossible for schools to efficiently open doors for learning.
The education crisis of 2020 will definitely spill into 2021 as no fundamental interventions were instituted during the brief holiday.
Masaraure said they will escalate their campaign aimed at uniting stakeholders to implore the government to ensure quality education is delivered:
ARTUZ will escalate the #SaveOurEducationZW campaign in a bid to unite education stakeholders to force government to account on the front of delivering inclusive quality education.
Other stakeholders which include Community Working Group on Health executive through its director Itai Rusike said the government should exercise caution because of the COVID-19 second wave:
As our COVID-19 cases continue to escalate, with the second wave of transmission already upon us, with the looming threat of the new COVID-19 variant posing a serious concern for the populace, the government of Zimbabwe should exercise extreme caution as it prepares to open schools on January 4 2021
Schools are scheduled to open next week on Monday after a short break over the Christmas holiday.-newsday
By A Correspondent- Zimbabwe Miners Federation boss Henrietta Rushwaya has been denied bail again by the High court. According to ZimLive, Rushwaya’s bail appeal at the High Court fell apart and the court did not grant the former football administrator’s request.
Details about the ruling which remanded Rushwaya in custody are still sketchy. We will update this article if new details emerge.
Rushwaya was arrested at Robert Mugabe International Airport for attempting to smuggle over 6 Kgs of gold to Dubai in October and she has been in custody since.
By A Correspondent- In a 2020 Festivus report, presented to the US Upper House by US Senator Rand Paul, Senator Paul said President Mnangagwa is not a reformer and he will win the 2023 elections by hook and crook.
Paul was making his case on why the USAID must stop funding ZImbabwe’s democratic reform like paying NGOs to observe what he called “already rigged elections”.
Paul said people now believe president Mnangagwa is worse than the man he toppled in 2017 President Robert Mugabe. Mr Mnangagwa’s opponents now fear he is more dangerous than his predecessor.
In his first 21 months in office, Mnangagwa had already imprisoned more people for subversion than Mugabe did in 37 years.
It seems retribution was not just limited to opposition politicians. In the wake of the elections, Foreign Policy reported on soldiers firing live ammunition at unarmed civilians protesting the Zimbabwe Electoral Commissions failure to announce the outcome of the country’s July 30 2018 presidential election in a timely fashion, as well as on-going reports of soldiers beating and abducting civilians in the suburbs surrounding the country’s capital Harare is a hotbed of opposition politics,
Shortly after the 2018 election, police reportedly raided MDC Alliance headquarters arrested 27 people and took away computers. Security forces issued warrants of arrest to MDC prime ministerial candidate Nelson Chamisa and the party’s leaders although Chamisa himself was not arrested for instigating violence.
Mnangagwa tends to turn to the military, which helped him initially gain power, to keep the population in check, rather than depend on militias and police as Mugabe did.
Now conflicting himself power hungry Mwonzora says" “I will not recall anyone unless someone wants to be recalled,” . Did @mdczimbabwe members he recalled wanted to be recalled?
By Patrick Guramatunhu- “Crisis management is not solved in one day. There is no magic formula in State recovery… it is a process that HE Mnangagwa is leading in promoting important reforms in Zimbabwe that will undoubtedly save it from this “big debt”,” said Ronny Musan, Zimbabwe’s honorary consul in Israel, in a interview with News Day.
At least our honorary consul acknowledged there is a crisis in Zimbabwe unlike our own leaders who are in denial. They stubbornly maintain there is no crisis, even with the national economy in total meltdown, unemployment a nauseating 90% and 34% of our people living in “extreme poverty”, according to a 2019 WB report. The number living in extreme poverty has surged upward since the corona virus outbreak.
Indeed, Mnangagwa, his Finance Minister Professor Mthuli Ncube and the rest of the regime are adamant Zimbabwe is on course to become a middle income nation by 2030, vision 2030.
To solve Zimbabwe’s crisis one must acknowledge that this is a man-made crisis and per se need competent man to solve it; a fact Consul Musan touched on in his next remark.
“Zimbabwe is a natural power! It has natural resources that can buy Israel, it has fertile ground that even if you plant a broom stick you will get a fruit tree,” he said.
“So you have to manage the crisis properly, promote agricultural development and export agricultural products that can feed European countries, give investors the security they need in order for them to invest foreign currency here, to develop the value of the assessment of natural resources in the right way, to avoid smuggling channels and to invest in education and training in the fields of technology and more.”
Yes, once upon a time Zimbabwe did produce enough agricultural produce to feed her own people, be the breadbasket of the region and earned a fortune selling such cash crops as tobacco. Not any more.
Zanu PF seized the farms from the whites to give them to party loyalists, mainly, who only saw it as one more opportunity to loot and enrich themselves. Zimbabwe’s agricultural sector collapsed and, since it was the country economic engine, took with it rest of the economy.
So Zimbabweans now holds the dubious honour of starving in a land so fertile “even if you plant a broom stick you will get a fruit tree”! Of course, this is a damning testimonial to Zanu PF leaders’ blundering incompetence.
Zimbabwe is stuck, 40 years and counting, with this corrupt, incompetent and tyrannical Zanu PF dictatorship because the party rigs elections. Zanu PF has ridden roughshod over the people’s freedoms and rights including the right to a meaningful say in the governance of the country.
Zimbabwe is a Banana Republic, a pariah state ruled by corrupt, incompetent and murderous thugs who rig elections to stay in power. As long as Zimbabwe remains a pariah state there will be no meaningful economic recovery because no investor wants to do business in a pariah state.
“Are there any Israeli investors willing to invest in Zimbabwe?” asked News Day.
“I am happy to say that investors in Israel are waiting to receive our investment plans, review them and start investing in Zimbabwe,” came the reply.
Half expected the Honorary Consul to talk about Nikuv! Many Zimbabweans will remember Nikuv, the Israel vote rigging specialists, who helped Zanu PF rig the 2013 elections and were paid a cool US$ 10 million!
Mnangagwa has stubbornly refused to implement even one token democratic reform and is determined to rig the 2023 elections. No doubt, he must be considering re-engaging Nikuv, assuming the latter ever left!
“I make it clear to anyone who addresses me unequivocally that I am not here to take advantage of my position to plunder Zimbabwe….. but to help and leverage what belongs to Zimbabwe!” remarked Zimbabwe’s honorary consul to Israel.
If you were taking advantage of your position to plunder Zimbabwe, would you admit it? By the same token, if you are a Nikuv employee, would never ever admit that either!
“HE Mnangagwa is leading in promoting important reforms in Zimbabwe that will undoubtedly save it from this “big debt”!” Spare us the chutzpah!
Mnangagwa is corrupt, incompetent and murderous tyrant who will never ever implement any meaningful democratic reforms to jeopardise Zanu PF’s dictatorial powers. Never ever!
And as long as Zanu PF remains in power, Zimbabwe will remain a pariah state stuck in this hell-on-earth the regime has landed us in.
By A Correspondent- Sergeant Tichaona Chirinhe, who shot and killed his wife in Chitungwiza with a service pistol following a suspected domestic dispute, denied intentionally shooting her, describing the incident as very unfortunate.
Chirinhe, in his warned and cautioned statement read in court, said his service pistol accidentally discharged while he was cleaning it with the bullet hitting his wife, Juliana Chirinhe, in the abdomen. He said he had no reason of killing his wife of 15 years.
“I did not intentionally kill my wife. What happened was very unfortunate,” he said in the statement.
He also said in the warned and cautioned statement that the pistol discharged while he was cleaning it. Harare Magistrate Mrs Judith Taruvinga, however, did not confirm the statement after Chirinhe said there were some missing information from it.
Mrs Taruvinga said she will only confirm the statement after all the information has been recorded.
The State alleges that on December 27 at around 10am, Chirinhe was welcomed home by his wife Juliana. They allegedly entered their bedroom where a dispute ensued.
It is alleged that Chirinhe later fetched a service CZ pistol 9mm and shot his wife in the waist.
Neighbours heard the noise and assisted Chirinhe to take his wife to Chitungwiza Citimed Hospital and later to Chitungwiza Central Hospital, where they were referred to Parirenyatwa Group of Hospitals.
Juliana is said to have later died at Parirenyatwa Group of Hospitals as a result of the injuries.
Chirinhe was not asked to plead to the charges and was remanded in custody to January 12, 2021 for routine remand. He was advised to approach the High Court for bail application. Mr Lancelot Mutsokoti appeared for the State.-statemedia
By A Correspondent- Teachers’ unions have called on the government to review the schools reopening date to prevent a second Covid-19 wave from spreading. Schools are expected to open on January 4 next year.
Progressive Teachers Union of Zimbabwe secretary-general Raymond Majongwe said the reopening of schools amid shortages of personal protective equipment jeopardises the lives of teachers and pupils.
The same sentiments were echoed by the Amalgamated Rural Teachers Union of Zimbabwe. However Primary and Secondary Education ministry director of communication Taungana Ndoro said the ministry had never stopped addressing the issue of PPE and sanitization in schools as he remained adamant that schools would open on January 4.
Following his election as substantive President at the Extra-ordinary congress held in Harare over the weekend, Douglas Mwonzora has named a new look National Standing Committee which includes his fellow contestants Thokozani Khupe, Morgan Komichi and Elias Mudzuri.
Below is the new standing Committee which he said will be subjected to a standing Committee ratification.
MDC-T National standing Committee
President- Douglas Mwonzora
1st Vice President- Thokozani Khupe
2nd Vice President- Engineer Elias Mudzuri
National Chairperson- Morgan Komichi
Vice Chairperson- Giles Mutsekwa
Secretary General-Paurina Mupariwa
National Organising Secretary- Gift Chimanikire
Deputy Organising Secretary- Raino Mashaya
Secretary for mobilisation- Tangwara
Sec for Info and Publicity- Witness Dube
Deputy Info and Publicity- Khalipani Phugeni
Sec for elections- Gandhi Mudzingwa
Sec for Security- Shakespear Mukoyi
Sec for International Relations- Happyson Makuvise
Sec for Policy and Research- Dr Samuel Banda
Youth Assembly Chairperson- Yvonne Musarurwa
Chairlady for Women Assembly- Dorothy Bhebhe Sec for local government- Blessing Chebundo Sec for peace, reconciliation- Senator Morgan Femai Treasurer General- Dr Tapiwa Mashakada
Deputy Treasurer Chief Ndhlovu
Sec Agriculture and Food Security- Masimba Ruzvidzo
Atletico Madrid have terminated the contract of striker Diego Costa.
The 32-year old’s deal was set to expire at the end of the campaign, and was widely expected to leave in the summer anyway.
The club confirmed the development in a statement on Tuesday.
The statement read: “Agreement with Diego Costa for the termination of his contract. The club wishes the striker the best of luck in the next stage of his professional career.”
Costa rejoined Atletico from Chelsea in 2017, and has scored 19 goals in 81 appearances in all competitions since then to help his side win a Europa League and UEFA Super Cup.-Soccer 24
It is urgent that we should work towards ending the international isolation of Zimbabwe, there's no doubt that Zimbabweans working together can make this country into an economic powerhouse – @DMwonzorapic.twitter.com/QDS4PWqXp3
It is urgent that we should work towards ending the international isolation of Zimbabwe, there's no doubt that Zimbabweans working together can make this country into an economic powerhouse – @DMwonzorapic.twitter.com/QDS4PWqXp3
The Zimbabwe Football Association (ZIFA) has temporarily suspended Warriors training sessions in preparation for CHAN.
The country’s football governing body announced on Tuesday that nine Warriors players CHAN squad tested positive for the global pandemic.
Consequently, training sessions have temporarily been suspended.
”All the affected players have been notified and quarantined in line with World Health organisation (WHO) dictates. The players have also been advised to inform their families and contacts. The Zimbabwe Football Association has also informed the Confederation of African Football (CAF), Sport and Recreation Commission (SRC) and the City Health Department for further guidance. Meanwhile, ZIFA has temporarily suspended all training sessions for the CHAN team pending consultation with other stakeholders, but the team remains in camp until further notice,” reads a statement by ZIFA.-Soccer 24
Tinashe Sambiri|The MDC Alliance has called for the immediate release of jailed ARTUZ member, Sheila Chisirimunhu.
Chisirimunhu was sentenced to 10 months in prison for protesting at pathetic living conditions.
In a statement, MDC Alliance Secretary for Welfare, Maureen Kademaunga, described the conviction and sentencing of Chisirimunhu as atrocious.
“Zimbabwe’s gvt sentenced a 53 -year- old, widowed female teacher to 10 months in prison.
Her crime was demanding a reasonable salary.
Trs in Zimbabwe were earning USD 30 monthly. The salary was slashed from USD 500 monthly. Kindly assist us to pile pressure on this gvt to release Sheila by adding your voice to the #FreeSheila campaign.
Sheila is the sole bread winner in a family of 6. Stop terrorising innocent citizens.”
Tsvangirai's SA based personal aide, Solomon Chikowero missing since Sun when he decided to join MDC-T Congress under a promise ALLEGEDLY by @DMwonzora that he won't get arrested on trumped up murdercharges from MT days. Nothing happened to him when he attended the Gweru Congress pic.twitter.com/IJbElYIAvh
“…I had been warned by the police that this is what is happening, you could be attacked, so I don’t want to go against that, ” said Eng Elias Mudzuri as he confirmed the investigation by ZimEye revealing how the law enforcement agents disrupted Dr Thokozani Khupe’s Monday 5pm press conference leading to it being cancelled. VIDEO BELOW
Tinashe Sambiri|The MDC Alliance has called for the immediate release of jailed ARTUZ member, Sheila Chisirimunhu.
Chisirimunhu was sentenced to 10 months in prison for protesting at pathetic living conditions.
In a statement, MDC Alliance Secretary for Welfare, Maureen Kademaunga, described the conviction and sentencing of Chisirimunhu as atrocious.
“Zimbabwe’s gvt sentenced a 53 -year- old, widowed female teacher to 10 months in prison.
Her crime was demanding a reasonable salary.
Trs in Zimbabwe were earning USD 30 monthly. The salary was slashed from USD 500 monthly. Kindly assist us to pile pressure on this gvt to release Sheila by adding your voice to the #FreeSheila campaign.
Sheila is the sole bread winner in a family of 6. Stop terrorising innocent citizens.”
Tinashe Sambiri|The MDC Alliance has called for the immediate release of jailed ARTUZ member, Sheila Chisirimunhu.
Chisirimunhu was sentenced to 10 months in prison for protesting at pathetic living conditions.
In a statement, MDC Alliance Secretary for Welfare, Maureen Kademaunga, described the conviction and sentencing of Chisirimunhu as atrocious.
“Zimbabwe’s gvt sentenced a 53 -year- old, widowed female teacher to 10 months in prison.
Her crime was demanding a reasonable salary.
Trs in Zimbabwe were earning USD 30 monthly. The salary was slashed from USD 500 monthly. Kindly assist us to pile pressure on this gvt to release Sheila by adding your voice to the #FreeSheila campaign.
Sheila is the sole bread winner in a family of 6. Stop terrorising innocent citizens.”
Popular Zimdancehall chanter Soul Jah Love (real name Soul Musaka) was yesterday arrested after a promoter reported him to the police for receiving his money and not showing up to perform for the show he was paid for, H Metro reports.
Musaka will appear in court today facing unnamed charges after the unidentified promoter who reportedly paid him $300 to perform at a Private show on Christmas Day laid charges against him.
Musaka reportedly pulled a similar stunt in South Africa in November and fans reportedly protested against the chanter and damaged property worth thousands of Rand.
He, however, dismissed the reports saying the promoter came to take him from the hotel where he was staying a few minutes before the time of the curfew, therefore, there was no way he would have performed.
It had also been alleged that the Pamamonya Ipapo hitmaker had abused drugs and resultantly, he could not perform.- H Metro
Visiting Morgan Tsvangirai’s grave for enchantments invoked a curse on Dr Thokozani Khupe leading to an angered Tsvangirai’s invisible hand slapping Khupe out of the golden HICC building on Sunday evening.
Newsreaders analysing footage at the scene said the loud slap from an invisible hand was that of a powerful spirit as the colourless palm landed on Khupe’s cheek as she complained saying,
“kurova dama rangu kunge munhu ari kurova door rekombi.”- slapping my cheek as if striking the door of a Kombi, Khupe allegedly complained as narrated in an unconfirmed report.
This opinion was drawn from many Zimbabweans over the incident as it was debated if Khupe was ever slapped. This is because there is neither evidence nor confirmation of this incident ever happening. Speaking to ZimEye on Monday morning Khupe did not at all say she was slapped, somewhat confirming the opinion reading. VIDEO BELOW….
VIDEO: DID KHUPE SAY SHE WAS SLAPPED OR THIS IS A BLUE LIE?
Own Correspondent |A church elder in Masvingo has sensationally claimed he has been fired from controversial Isaac Makomichi’s Ministry after “revealing” how Thokhozani Khupe reportedly received anointed charm in a bid to win the MDC-T presidency.
The church elder, who identified himself as Mr Gumbodema, claimed he was fired after “revealing” how Khupe received anointed charm from the controversial clergyman.
“The church has decided to part ways with me but I’m telling the truth.
Khupe got a charm from the prophet.
Her people then later phoned me demanding back the money she paid for the charm.
I told them that the prophet was not in the country.
I have been serving the prophet with all my heart but today I received a note of dismissal from him,” claimed Gumbodema.
Makomichi’s assistant accused Gumbodema of “blackmailing the prophet.”
Sources say Makomichi is Ghana seeking to enhance spiritual powers.
Tinashe Sambiri|The MDC Alliance has called for the immediate release of jailed ARTUZ member, Sheila Chisirimunhu.
Chisirimunhu was sentenced to 10 months in prison for protesting at pathetic living conditions.
In a statement, MDC Alliance Secretary for Welfare, Maureen Kademaunga, described the conviction and sentencing of Chisirimunhu as atrocious.
“Zimbabwe’s gvt sentenced a 53 -year- old, widowed female teacher to 10 months in prison.
Her crime was demanding a reasonable salary.
Trs in Zimbabwe were earning USD 30 monthly. The salary was slashed from USD 500 monthly. Kindly assist us to pile pressure on this gvt to release Sheila by adding your voice to the #FreeSheila campaign.
Sheila is the sole bread winner in a family of 6. Stop terrorising innocent citizens.”
Thokozani Khupe With those fraudulent 118 Votes will continue with her Charade like I said last week Mwonzora will be the biggest loser if this suspension is endorsed by ED.
If ED okays the arrest and recall of Mwonzora from Parliament it will be the end of Mwonzora.
Khupe does not need voters or Congress delegates she only need ED. The real battle is between ED and Chiwenga.
So we will see who prevails between the two so far Chiwenga is ahead because of the announced results.
“Roman 12 v15 Rejoice with those who are rejoicing and moan with those moaning.”
By Mari Matutu | While we all have the opportunity to say all the bad things about what Madam Khupe did from the time Dr Tsvangirai was still alive till today, I feel for a moment I share her grief.
When President Tsvangirai died she organised her own party and got elected president. The whole structure was filled up. Deputy president was Obert Gutu.
She went into elections 2018 using her party name MDC T and contested for presidency. That she got 45k votes is not the point. The point is she got a share of her effort from what she worked for.
To date many people singing SC ruling, SC ruling do not realise that the case was never about MDC T. Whether one want to call it MDC Tsvangirai or MDC Thokozani. The whole case was not about the name MDC T. It was about a party formed in 1999 called MDC.
From 1999 to the time of his death , president Tsvangirai never held a congress of MDC T. It was always congress of members of MDC. There was never a congress resolution to change party name to MDC T.
The first person to hold a congress of MDC T was Thokozani Khupe. One can safely say she is the owner of MDC T.
Now greedy and vengeance caught up with her. She never approached the courts for relief when she was expelled from MDC. She knew she contested as MDC T against MDC A. She also knew by contesting election as MDC T she would have expelled herself from MDC.
She was recalled from parliament on the then MDC T ticket, but never approached the courts.
MDC held its congress and she never bothered attending it. She carried on with her own affairs. Now after Mwonzora lost seat in 2019 congress he pretended to remember her.
Khupe was already content that the term Tsvangirai was suppose to serve is finished. She just had to move on with her newly found party.
She was then promised so many things. When she failed to call for the EOC in the first stipulated 3 months she should have ceased to be the Acting president. Instead they pushed her on. As if Mwonzora was interested in Thoko he continued calling her Acting president. He organised an illegal seat in parliament for her.
He knew it is illegal for Khupe and whole crew that contested 2018 election under MDC T to then come and be appointed MPs under MDC A. He knew that no court will ever rule in favour of that.
Why then did Mwonzora went on to drag Khupe into this? It is because Dr Tsvangirai signed an Alliance agreement under the party name MDC T. To Mwonzora this became a currency. After failing to get the presidency in 2019 congress elections, Mwonzora hatched another plan. The first exercise was to grab the name MDC T which was now being used by Khupe.
Foolishly Khupe accepted the gesture. She saw the help and support given by the state. All of a sudden money from MDC A started to come her way. She forgot that the seat she was promised was temporary. Some are saying Zanu prefers Khupe over Mwonzora. For what? They tried her and she failed to break MDC. Now Mwomzora has brought a strategy of thwarting MDC A of its money and taking away its seats, they cannot at all give it away.
Now that Mwonzora has grabbed the name MDC T he want to pursue the Alliance Agreement as if its MDC T party represented by Dr Tsvangirai. Now he is conflating the MDC in SC to MDC T in Alliance Agreement . This confusion leaves Khupe not able to claim back MDC T and silence on MDC party in SC.
She has already enjoyed the fruits of devil. Mwonzora has got all what he wanted. A High Court Judgement is going to come soon on recalled MPs. I do not want to pretend to be a prophet but here is the truth of what is going to come.
All the MPs that were recalled for belonging to MDC A are going to win their case. Khupe is going to be removed from parliament because she was MDC T of her own and not MDC in court.
MDC A is going to be declared an Alliance of parties. Then Mwonzora will say he replaced Dr Tsvangirai as Principal of MDC T in Alliance agreement. Call it any how, the party that is before Court is MDC but the party Tsvangirai used is MDC T. As it stand Zanu wants to destroy MDC A. They will create all sots of stories that will make Mwonzora a tool to break MDC A. Khupe will revert back to her two seats in parliament.
The next argument we are facing is ownership of MDC A. The judgement on recalled MPs is being cooked to match this. All Khupe gave was the ladder for what Matemadanda told us all long time. If you do not brace up for the storm coming then do not cry when it sweeps you away. I wish my leaders have courage to tell the world what is in the SC. Small things that they ignore will matter. SC was for MDC and not MDC T or MDCA. The trick is on article 9.1.3 The President shall in general act as spokesperson of the Party on major policy issues and is the custodian of the Party name, logo and symbol. The President shall be the principal public representative of the Party, provided that nothing in this section shall be construed as empowering the President to act or do anything contrary to the Party’s principles of open, transparent and democratic decision making.
He wants to use this clause to conflate MDC T in Alliance agreement and the MDC in SC and say since Tsvangirai was the president he was the custodian of the party name and party symbol so when he said MDC T he was referring to MDC in Court. Since he has already silenced Khupe from claiming the name MDC T and having an easy congress, it would appear as if we went into election 2018 as two factions of “MDC T”. Khupe is going to be washed away by the courts. The courts will just say it was unlawful for Khupe to be in parliament under the MDC A ticket.
Since the Court have already ruled that MDC A is not a legal persona Mwonzora want to use the legal persona of MDC now branded MDC T to claim rights in MDC A. That is why we see all the harassment of Biti and Mafume. Mwonzora has since said Ncube’s MDC was dissolved. Once that stand he has claim of MDC A. The strength of his matter is not on merits but on who is going to challenge him and the regime.
While Chamisa won the MDC presidency in 2019 and SC took judiciary notice of it he has refused to call himself MDC in court but preferred MDC A. He will be held by the nose when president of MDC T claims ownership of name MDC A. Apparently MDC A was formed by 7 parties and MDC T owns the seats in parliament. His claim is on the name MDC A using MDC T which he got fraudulently by SC ruling of MDC. No one will stand to defend MDC A as long as people remain silent to the fact that SC was not about MDC T but MDC. If a congress has elected an MDC T president then its not complying with SC ruling.
That is why National elections were put on hold after zanu found out that Chamisa’s image was part of MDC A logo and MDC T had already filed nomination papers under MDC T name in proportional representatives. In order to reverse the wrong course they put elections on halt. Let Khupe enter parliament illegally. Knowing well there shall be court case.
Let the court wash Khupe away after Mwonzora who is MP on MDC A ticket has held the post of presidency.
Since MDC A has spend 9 months now telling the world they are MDC A and not MDC it will be easy to cheat the world because Chamisa is said to be president of MDC A yet MDC A is alliance of 7 parties. Campaign material shall be put to propel the notion that MDC A is owned by MDC T and others. It may not be a tight excuse but remember all zanu pf wants is an excuse. When the judges rules that Khupe was illegally in parliament zanu will say the courts are independent. When they take the next move you cannot complain. What then is the solution. Before this happen and before the court has announced the verdicts MDC must come out on the following issues 1) SC was about a party known as MDC and not MDC T which Mwonzora has won presidency. 2) The SC took judiciary notice of the political reality that Nelson Chamisa was unanimously elected president of MDC in 2019 and the Court said it is an inescapable fact. 3) The Court ordered the holding of an EOC in order to elect a president of MDC in replacement of Dr Tsvangirai. As Dr Tsvangirai was not a permanent president in MDC his term expired in 2019 and at a congress of MDC party, all posts of leadership were dissolved. The congress dissolves all the acting posts for the dead and resigned. By 30 March 2020 the need to replace Dr Tsvangirai had since passed on. The 2019 congress elected president was not a replacement of anyone but a president taking a seat from a dissolved term. What ever Mr Mwonzora could have won is just like winning a Rhodesian penny. It used to be money but not any more. 4) The MDC party must immediately channel all their resources and propaganda on telling the world that Chamisa won the presidency of MDC and SC already confirmed it. 5) Tell the world they are MDC by incorporation and MDC A by electoral act. 6) Tell the world all they know is MDC T belongs to Thokozani Khupe. She is the first congress elected president of MDC T. Tsvangirai never got elected as MDC T president. The constitution lodged in SC proves so. The evidence before SC proves that Khupe has a party called MDC T and she has moved on. 7) Tell the world that the criminal Mwonzora abused a woman Khupe to get a ladder to grab the people’s effort. 8) Ask Mwonzora this questions, “Where you elected president of MDC or MDC T? Was the SC ruling about MDC or MDCT? Is Harvest owned by MDCT or MDC? Was MDC T in Alliance agreement a legal persona or not?” 9) These are crucial issues the party must address
Please today must be the starting point of our fight .
On the basis of these facts, it is my respectful consideration that the legal position is as follows:
Steps 1 to S in the above set of facts mean that the extraordinary Congress held on 27 December 2020 was convened in accordance with the judgment of the Supreme Court in SC 56/20 as read with the order of the same court in SC 328/20.
To the extent that the aforesaid extraordinary Congress was convened before 31 December 2020 as ordered in SC 328/20, there has been compliance with the Supreme Court judgment.
For the avoidance of doubt, Steps 1 to 5 in the above set of facts are legally significant: there was a transition from the convening of the meeting by the Acting President and/or the National Chairman to the conduct of the actual business of the meeting, that is, the election of a President.
At the very least, the business of electing a President lawfully started when the independent electoral body, with the concurrence of all delegates and the four candidates, conducted the first vote by the delegate who voted first.
As soon as the voting process began under the direction of the independent electoral body, the Acting President became a candidate in the election of the President. Thereafter, she could neither cancel the extraordinary Congress nor suspend the Secretary General who was also a candidate in the same election. It is now settled in law that an office-holder who is conflicted cannot exercise any of the powers that attach to the particular office to the extent to which the exercise of that power would involve a conflict of interest.
There are only two ways in which the voting process could have been prematurely stopped: either by a decision of the independent electoral body itself based on objectively verifiable reasons or by an order of a competent court.
As the voting process could not have been stopped by the Acting President [given the conflict of interest point above], at law, the voting at the extraordinary Congress on 27 December, 2020 was never stopped.
Flowing from the foregoing paragraph 7, because the voting was never stopped at law, the results announced by the independent electoral body are presumed to be valid. They enjoy a presumption of validity.
The presumption of validity means that unless set aside by a competent court, Douglas Mwonzora is duly elected as President. 10.Any candidate in the election or any member of the MDC-T is entitled to approach a competent court to challenge either the validity of the extraordinary Congress itself or the conduct of the election of the President. The Supreme Court is now out of it because of the presumption of validity I have referred to above. However, until there is an order of court to the contrary, Douglas Mwonzora is the President
11.As this was an extraordinary Congress the term of office of the elected President is very limited: it is only up to the holding of the next ordinary Congress, where all elected positions, including that of the President, would be open for electoral contestation.
Needless to emphasise, the extraordinary Congress does not change the previous positions held by members of the Standing Committee. For example, Dr. Thokozani Khupe has ceased to be Acting President and is the Deputy President. 13.The presumption of validity that I have prominently referred to in this opinion does not only bind members of the MDC-T. It also binds organs of State such as Parliament and the Executive. In the absence of a court order setting aside the election of Douglas Mwonzora as President, Parliament, for purposes of section 129(1)(k) of the Constitution, has to recognize him as President of the MDC-T party. Similarly, the Minister of Justice, Legal and Parliamentary Affairs, for purposes of the Political Parties(Finance) Act, also has to recognize him as President.
Once it is accepted that Douglas Mwonzora is presumed to be duly elected until his election is set aside by a competent court, it follows that there could not have been a valid meeting of the National Council on 28 December 2020 without that meeting having been convened by him or under his authority.
Further, if it is accepted that the extraordinary Congress was never cancelled at law, the meeting of 28 December 2020 could neither confirm nor endorse/ratify a non-existent cancellation. My summary and advice 16.There are two mutually exclusive positions in the MDC-T now namely: (i) the first position that says that Dr. Thokozani Khupe is still the Acting President because the extraordinary Congress of 27 December 2020 was cancelled by the Acting President, rendering all the proceedings thereof
null and void and (ii) the second position that follows the view that the extraordinary Congress of 27 December 2020 took place, that Douglas Mwonzora was duly elected as President at that extraordinary Congress and that unless set aside by a competent court, Douglas Mwonzora is the President.
Of these two positions, let me make it clear that I respectfully believe that on a proper and careful consideration, the better view of the law is the second position above: that the extraordinary Congress of 27 December 2020 took place, that Douglas Mwonzora was duly elected as President at that extraordinary Congress and that unless set aside by a competent court, Douglas Mwonzora is the President.
I have used the words “the better view of the law” advisedly: this is merely my strongly considered opinion and obviously a different lawyer may come to a different conclusion.
I therefore advise accordingly. I also so advise because this position ensures stability in your party as it allows you to work with the outcome of the extraordinary Congress while members seeking to challenge that outcome will be having their days in court. The party will thereafter abide by any decision to be made by the courts. Further, we still have many cases in the courts that require a united leadership 20.For the sake of completeness, in the event that a different lawyer comes to the opposite conclusion and take the first position “that Dr. Thokozani Khupe is still the Acting President because the extraordinary Congress of 27 December 2020 was cancelled by the Acting President, rendering all the proceedings thereof null and void”, the ultimate decision will be made by a court.
Sergeant Tichaona Chirinhe, who shot and killed his wife in Chitungwiza with a service pistol following a suspected domestic dispute, denied intentionally shooting her, describing the incident as very unfortunate.
Sergeant Tichaona Chirinhe (handcuffed) is escorted by police detectives after making indications at his house in Chitungwiza…
Chirinhe, in his warned and cautioned statement read in court, said his service pistol accidentally discharged while he was cleaning it with the bullet hitting his wife, Juliana Chirinhe, in the abdomen.
He said he had no reason of killing his wife of 15 years.
“I did not intentionally kill my wife. What happened was very unfortunate,” he said in the statement.
He also said in the warned and cautioned statement that the pistol discharged while he was cleaning it.
Harare Magistrate Mrs Judith Taruvinga, however, did not confirm the statement after Chirinhe said there were some missing information from it. Mrs Taruvinga said she will only confirm the statement after all the information has been recorded.
The State alleges that on December 27 at around 10am, Chirinhe was welcomed home by his wife Juliana.
They allegedly entered their bedroom where a dispute ensued.
It is alleged that Chirinhe later fetched a service CZ pistol 9mm and shot his wife in the waist.
Neighbours heard the noise and assisted Chirinhe to take his wife to Chitungwiza Citimed Hospital and later to Chitungwiza Central Hospital, where they were referred to Parirenyatwa Group of Hospitals.
Juliana is said to have later died at Parirenyatwa Group of Hospitals as a result of the injuries.
Chirinhe was not asked to plead to the charges and was remanded in custody to January 12, 2021 for routine remand.
He was advised to approach the High Court for bail application.
Thokozani Khupe’s former deputy, Obert Gutu has advised the complaining politician saying no one from the party president or national chairperson, has powers under the MDC-T constitution, to suspend another.
Obert Gutu
On Sunday Khupe bolted out of the Harare Conference Centre held congress function midway while announcing that she has called off the do and also suspended her own compatriot Douglas Mwonzora.
Advising, Gutu said:
“In terms of the MDC constitution, the moment you enter into a contest you are no longer the holder of your position.”
He continued saying: ” The election has to be by secret vote conducted by an independent electoral board appointed by the party to prepare and run the election, it is the duty of the electoral board to ensure that they have a legitimate voters’ roll that is agreed on by all candidates. It is also critical to ensure that all delegates are given an opportunity to cast their ballots. It is also the duty of the electoral board to ensure that the election is credible, that there is no rigging and it is free and fair. Contestants rank equally, you enter the election at the same level, you cannot during the congress purport to suspend the other candidates, such a scenario would bastardise the whole process, it would be an absurdity,” said Mr Gutu.
Citing a litany of irregularities, Dr Khupe, who was physically and verbally assaulted by supporters of Mr Mwonzora during the congress, suspended the whole electoral process.
However, Mr Gutu who once served as Dr Khupe’s deputy following yet another split of the MDC-T in the aftermath of Tsvangirai’s death in 2018, said no one has authority over a fellow candidate under the party’s constitution.
“As a fellow candidate Dr Khupe was no longer the interim president, neither was Mr Morgen Komichi the acting chair because he was also in the race, attempts to reverse the congress outcome are therefore ludicrous and won’t pass legal scrutiny in any court of law, the issue of suspension therefore falls away, even the purported cancellation of congress also falls away”.https://fc7dc100564a65c5776e612bb3c6c243.safeframe.googlesyndication.com/safeframe/1-0-37/html/container.html
Mr Gutu added that it is only the electoral board that has legal authority to suspend any election and also dismissed suggestions from Dr Khupe supporters that voters did not constitute a quorum as per the party constitution.
“According to the MDC constitution for any congress, for it to be valid in law, at least two thirds of the congress delegates must be available, now we don’t know how many 2014 delegates are still members of the MDC, some have resigned, some are dead some have joined other parties, so I don’t know the magic number that constitutes two thirds, that becomes an issue of maths. However, in terms of the constitution if the numbers of the delegates do not meet the quorum it doesn’t mean that the result is nullified but that another congress should be held to validate or invalidate the outcome,” said Gutu.
Mr Gutu added that the only route available for Dr Khupe to take is to approach the courts.
“Up until such a time, the results of that congress and its resolutions are valid, without going to court, no word of mouth or amount of politicking may set that aside”.
Mr Mwonzora was declared winner by the electoral board, after bagging 883 votes against Dr Khupe’s 118. The other contestants, Mr Morgen Komichi and Engineer Elias Mudzuri polled nine and 14 votes respectively.
In March this year, the Supreme Court ruled that the MDC-T should hold its extraordinary congress by July 31, but due to the lockdown that was introduced following the outbreak of Covid-19 pandemic, the party could not proceed as was initially directed by the courts. – state media/additional reporting
State Media- Govt has moved in to evacuate people who might be affected by Tropical Storm Chalane in Manicaland Province where it is expected to make landfall today.
Last night, Tropical Storm Chalane was coming ashore near Beira, with the outlying clouds expected to reach Manicaland in the early hours of today in Chimanimani and Chipinge.
The Government’s emergency operations provided buses, lorries and tractors to ferry affected people to safe havens.
The Meteorological Services Department (MSD) expects the cloud system to move across Zimbabwe into Botswana, with the main effect being heavy rains of up to 50mm a day in some areas, and more in a few places but still around a quarter of what was seen with Cyclone Idai last year, and the main danger being flooding in areas prone to flooding during heavy downpours.
Chalane is far smaller and weaker than Cyclone Idai which hit Zimbabwe last year, with wind speeds at their maximum as it reaches the coast being well under half of those of Idai and thus the energy and forces being well under a quarter. But the cloud system is carrying a lot of water that will fall as rain today, tomorrow and Friday, although again a quarter of the Idai levels, hence the warnings and the stress on those in areas prone to flooding to seek better shelter.
While no compulsory general evacuation orders have been considered necessary, six Zupco buses, tractors and lorries have been deployed to Manicaland to move families that have seen flooding around their homes in past downpours to the 464 centres identified to house people at risk of mudslides, landslides, flash floods and collapse of walls.
In an update yesterday, MSD senior forecaster, Mr James Ngoma, said the centre of tropical storm Chalene was projected to make landfall near Beira today.
“The cloud system goes ahead of this by about 500km. It should be affecting Manicaland province as we get into the early hours of tomorrow (today).
“We still give an advisory for areas such as Chimanimani into Chipinge area where we are expecting heavy downpours. We advise the general public to take care as the system is still expected to spread across the country also giving localised heavy downpours in its wake as it takes a track towards Botswana covering much of the country as it progresses,” said Mr Ngoma.
The public has been urged not to cross flooded river during this period.
The evacuation of people in susceptible areas started yesterday, with people that were living in tents evacuated to St Patricks High School (54 people) and Mutambara High School (64 people), Manicaland Provincial Development Coordinator (PDC) Mr Edgars Seenza told The Herald yesterday.
Both are boarding schools and have decent facilities.
However, some residents resisted early evacuation, telling Civil Protection Unit teams that they will go once it starts raining while others want to move in with their relatives living in safe areas.
Mr Seenza said the evacuations were taking place under strict Covid-19 protocols including temperature screening, sanitisation and wearing of face masks, to avoid causing another potential disaster.
Government has availed fuel worth $700 000 while development partners, private companies and church organisations, have also chipped in with help.
Mr Seenza said their teams continue to raise awareness among the people on the possible dangers posed by the anticipated tropical storm, considering that the province had already experienced heavy rains this season in areas such as Nyanga, Chimanimani and Chipinge, and the water table is high.
“If we get more rains from the tropical depression, we might experience mudslides, landslides and of course flooding of some rivers. We have moved some already internally displaced people; 54 people to St Patricks and 64 people to Mutambara,” he said.
“Those are not the only ones, as I speak to you now, there is a bus in Chimanimani on standby waiting to evacuate those that have had second thoughts.
“We have established 464 evacuation centres in the province and these were identified by the District Civil Protection Unit in conjunction with other stakeholders.”
Water and sanitation services have also been provided at the evacuation sites.
Mr Seenza said eight command centres have been set up in Manicaland, with TelOne moving in to establish telephone communications for easy of communication.
Government, development partners, private companies and church organisations are also providing food and non-food items but more resources are being mobilised.
The Ministry of Transport and Infrastructural Development is monitoring the road network and they are fixing problems where there are challenges for some movement of both vehicles and people.
Critically, people with chronic diseases such as high blood pressure (BP) and HIV/ Aids have been advised to replenish their supplies to ensure they won’t need to start running around when the tropical storm strikes.
Mr Seenza said the Ministry of Health had “prepositioned medication in all areas” to ensure those in need access the drugs.
Chimanimani East legislator Joshua Sacco continued awareness campaigns yesterday, including on social media. – State Media
By A Correspondent- Morgen Komichi has dumped the former MDC-T president, Thokozani Khupe and expressed support for Douglas Mwonzora whom they were saying rigged the party’s Sunday Extraordinary congress.
Khupe had said she cancelled the election and also suspended him from the party over his actions which she said were contrary to the party’s principles.
Komichi’s move comes after Law expert, Professor Lovemore Madhuku, who has been MDC-T’s lead counsel, had said Khupe had no authority to either cancel the congress or suspend Mwonzora.
Meanwhile, Mwonzora has since reinstated Khupe and Elias Mudzuri as the party’s Vice Presidents while Komichi was reinstated as the chairperson, posts they held in 2014.
In an interview with a local publication, Komichi agreed that the Sunday congress was shambolic, he does not condone it but he has to choose Mwonzora to avoid the demise of the party.
"2020 successes impress Mnangagwa"@HeraldZimbabwe 31 Dec 2020
Resilience of Zimbabweans in "DEFENDING THE COUNTRY'S SOVEREIGNTY" in 2020? One has to be schizophrenic to say this in the year a global pandemic, #Covid-19, destroyed lives & livelihoods!https://t.co/ASPKVFDFOVpic.twitter.com/iioISgbwue
On a sad note, we announce that former Warriors and Highlanders midfield ace Richard Choruma has breathed his last.
Details on the passing away for Choruma, who at the time of his death was based in South Africa, are still sketchy.
He was 42.
Bosso spokesperson Ronald Moyo confirmed Choruma’s death.
“Waking up to the sad news of passing on of Richard Choruma, one of the finest midfielders Bosso has ever had in recent memory. RIP maestro, the Dabuka Express. You will be forever cherished and remembered,” he wrote on Twitter.-Soccer 24
Tinashe Sambiri|President Nelson Chamisa has the vision to lead the nation to prosperity, MDC Alliance Secretary General, Hon Charlton Hwende has said.
“Underestimate this man and the MDC Alliance at your own peril.
The Leader and the Party has a vision and a road Map to a People’s Government that we were given by our Last Congress.
Fighting a military dictatorship and a vampire State like the one led by ED requires a visionary leader who is Brave, Principled and does not waiver.
He refused to be bought by Zanu-PF that wanted to give him offices, money , body guards and a leader of official opposition title because he won the election and the people’s vote must be respected. Ultimately it’s about the people and the People know their genuine leader.
Lastly you can make jokes about his faith but God must always be praised and worshipped,” Hon Hwende said in a statement.
