A Harare man allegedly smashed a 65-year-old woman with a brick on the head several times resulting in her death after she tried to restrain him from assaulting his girlfriend.
Nicholas Matarirano (27) of Stoneridge Park allegedly struck Joyce Garikai on her head after she tried to restrain him from attacking his lover, Kundai Kanupula, following a misunderstanding.
Matarirano was taken to Mbare magistrates court charged with murder.
He was not asked to plead to the charges when he appeared before magistrate Ms Feresi Chakanyuka, who remanded him in custody to January 14, 2021 and advised him to approach the High Court for bail application.
According to prosecutor Lawrence Gangarahwe, on December 28 at around 2am Matarirano was at Taisekwa Shops in Stoneridge with his lover, Kundai.
The two allegedly had a misunderstanding that resulted in Matarirano assaulting Kundai.
A 65-year-old woman then intervened and tried to restrain Matarirano from assaulting his lover.
A seemingly not to be outdone Matarirano picked a brick and struck the senior citizen on the head several times leaving her with a deep wound.
The late Garikai was rushed to Sally Mugabe Central Hospital where she was pronounced dead on arrival.
Matarirano was was arrested and taken to court charged with murder.
He will return to court on January 14 for his routine remand.
BY DR MASIMBA MAVAZA | Many of us have felt moments similar to our feet collapsing through the floor, when our stomachs decide to become gymnasts inside of us and where we suddenly are at a loss for words. None of these feelings can accurately describe how I feel knowing that my friend my comrade and an honest cadre our hero is no longer with us on Earth.
Those who didn’t know Masimba He was a great man for what he did for Zimbabwe in the hostile lands of the United Kingdom. Masimba was a source of hope and inspiration for many around the UK. AND to many he was this hero out there who had direct impact on their lives. Masimba was closer to people closer to their lives and more real than reel.
Today, that light has been turned off and it feels as though we are surrounded by darkness… His departure from this earth only a few hours before the new year has left a big void in ZANU PF UK and Europe.
When one grows up, reflecting to both adolescent and teenage years, there are many days of unexplainable pain. This kind of pain came out of no where and had its own agenda of where it would reside for an x amount of time. The pain we feel now no one can understand it. We have lost a pillar and a man who looked more ti life than to death.
His physical presence is gone, but the lessons he taught us in life and while courageously approaching death will serve us all well for many years to come.
On his death, calls and messages poured in from far and wide, as testament to the man, to his life, and to the impression he had left behind! His life was a tremendous learning experience and example for the generations that are to follow, and the biggest lesson came at the end. Because of Masimba I realized how important it is to treat everyone with respect… and most importantly, to smile! Masimba was a smiling machine.
We must however never let that sense of loss get us down.
The only certainty in a hero’s life is that it could end at any moment. As a hero, comrade Masimba Tawengwa could not banish dangers, but could banish fears.
But Cde Masimba the hero who was not recognised in his death will not be forgotten soon. Those of us who knew him best will tell stories of his bravery, his heroism, and his sacrifice. Cde Masimba Tawengwa was the chairperson of ZANU PF Uk and Europe and he has shown outstanding performance and immeasurable contributions to the country before and after he became the chairperson. Even though his position was being disputed by cde Gore and his team cde Masimba executed his duties professionally
Besides his political career Cde Tawengwa was the director of:
M.TAWENGWA INTERNATIONAL LIMITED (10297731) He was again a director Of
MUSHANDIRAPAMWE BUSES (PVT) LIMITED (09057171)
This company was an offshoot of the Mushandirapamwe pvt which ran buses and hotels
Cde Tawengwa was the grandson of cde George Tawengwa (born 6 March 1915 – died 13 April 1982 in Harare) was the first black millionaire (in US dollars) in Zimbabwe, a prominent businessman who was engaged in transport, retail, hotel and agriculture industries. He was the owner of the Mushandirapamwe Hotel in Highfield, Harare and others. In 1960 he was the first black person to purchase a 1,872.0-hectare commercial farm (Zimdale farm in Marondera) from a white farmer,in the then colonial system by a racist white minority of Southern Zimbabwe He went on to purchase other surrounding farms to Zimdale, namely: Sandra farm, Keal (B) farm and Mhendamu.he bought two other commercial farms at Chemagora near Gokwe which he bequeathed to his two eldest sons Garikayi and Solomon when he was still alive. Solomon Tawengwa who was the father of cde Masimba Tawengwa was the Mayor of Harare and a very staunch member of ZANU PF..
Solomon chirume Tawengwa was a Zimbabwean politician and Executive Mayor for Harare from 1996 to 1999. Solomon Tawengwa was the first executive mayor of Harare and Zanu-PF politburo member. He died in 2004. Cde Mugabe told mourners that Tawengwa fought for social justice, social welfare and economic empowerment for the marginalised. This is the spirit Solomon imparted unto Masimba Tawengwa.
Cde Tawengwa taught me how to be strong, how to smile and how to be optimistic about tomorrow during the most difficult times of life. I never knew of his depression, but I want to say my obliviousness stemmed from his ability to make the sun shine through every window of every room he stood in.
He calmly handled the infighting which was caused by the departure of cde Nick Mangwana who was appointed into Civil Service. His departure left a vacancy which took a nasty bitter fight which saw cde Masimba Tawengwa emerging as the chairperson of ZANU PF in the UK.
The death of our present-day hero has shaken us to the core, and it’s safe to say anyone else who saw him as another guiding father figure might feel this way as well.
Masimba Tawengwa’s loss has hit home, like the death of a family member and will forever be imprinted in my mind. But I have to thank him for more than the past, for his tragic passing has given me the courage to write this unbelievably personal post for the online world to potentially come across. There are few things I am afraid of now because the nature of his character, both on and off screen, metaphorically held my hand when no one else could.
If there is anything you should take away from this, let it be that you hold the power to change your life. Some of us realize this on our own, without the conscious or subconscious guidance of another, but many of us fail to recognize our true potential when devastation arrives. Whether it be a poor grade on a test, a consequential mistake in a social situation or an unlucky draw of a painful diagnosis, every situation holds the same amount of importance. What seems small to some might be another’s entire world and the more open the mind is to hope and change, the more likely our days will become permanently better. Tawengwa put many in business regardless of your political beliefs.
The world has lost one of the most talented and life-changing individuals today.
His works encompassed Pan-African values while advocating unity among Zimbabweans.
May he wait for the Lord in peace. We await the day the Lord will come. This body prone to pain will be changed in a moment in the twinkling of an eye.
And the trumpet will sound and the dead will be raised incorruptible.
There will never again be any death, for death will be defeated.
We all hope and pray that on that blessed morning when our eyes will see the glory of the coming of the Lord we will see comrade Masimba Tawengwa rising to glory.
Comrade Masimba might not be at the Heroes acre but his work proclaim a Hero above heroes.
May God comfort the Tawengwa family and all the Zimbabwe family.
May the works of comrade Tawengwa be our motivation in serving Zimbabwe. Comrade Masimba would say Zimbabwe first and indeed he is rested.
Only God will reward his sacrifices.
By A Correspondent| President Mnangagwa has congratulated Douglas Mwonzora for winning the opposition MDC-T leadership a day after Mwonzora declared he was willing to work with Zanu-PF.
Mwonzora was elected MDC-T president after defeating Thokozani Khupe in a disputed party presidential election in which he got almost 1,000 votes.
Speaking at his first press briefing as President of the MDC-T at Morgan Richard Tsvangirai House, Mwonzora rubbished claims he was on Zanu-PF payroll, describing it as a malicious attempt by his political rivals to taint him. But said he was willing to work with the ruling party for the good of the nation.
Writing on Twitter, Mnangagwa assured the MDC-T leader of his ‘collaboration towards’ national growth.
Said Mnangagwa:
“During this time of reflection and celebration;let us all pledge to re-commit ourselves to serve and work hard for the success and prosperity of our great country.
“In Unity, peace and harmony, we are well able to overcome any tough times or situations that may come our way.
During this time of reflection and celebration;let us all pledge to re-commit ourselves to serve and work hard for the success and prosperity of our great country.
In Unity ,peace and harmony, we are well able to overcome any tough times or situations that may come our way.(1)— President of Zimbabwe (@edmnangagwa) December 31, 2020
“A few days ago ,the opposition MDC-T party held its elective Congress, in full compliance with, and fulfillment of ,court judgments.Let me take this opportunity to formally and personally congratulate Mwonzora for prevailing at that Congress.
A few days ago ,the opposition MDC-T party held its elective Congress, in full compliance with ,and fulfillment of ,court judgments.Let me take this opportunity to formally and personally congratulate @DMwonzora for prevailing at that Congress.(2)— President of Zimbabwe (@edmnangagwa) December 31, 2020
“We took particular note of his declared wish to guide and reshape the politics of opposition towards constructive engagement with the Government of the day.This is a very welcome move for our Nation which is likely to put politics of rancour behind us.
We took particular note of his declared wish to guide and reshape the politics of opposition towards constructive engagement with the Government of the day.This is a very welcome move for our Nation which is likely to put politics of rancour behind us.(3)— President of Zimbabwe (@edmnangagwa) December 31, 2020
“Thus triggering collaboration, development and the harmony we solely needed for national progress.
“Both as the Ruling ZANU-PF Party, and as the Government, we assure Senate Mwonzora and the MDC-T leadership of collaboration towards the growth of prosperity of our nation.
thus triggering collaboration, development and the harmony we solely needed for national progress.
Both as the Ruling ZANU-PF Party,and as the Government,we assure Senate Mwonzora and the MDC-T leadership of collaboration towards the growth of prosperity of our nation.(4)— President of Zimbabwe (@edmnangagwa) December 31, 2020
“We appeal to all those still stuck to yesterday’s politics of destructive and obstruction to learn from this salutary gesture by the MDC-T. To be in opposition need not mean being unduly negative, confrontational, divisive and disloyal to one’s Nation and People.
We appeal to all those still stuck to yesterday’s politics of destructive and obstruction to learn from this salutary gesture by the https://t.co/wcUKEDEghH be in opposition need not mean being unduly negative,confrontational,divisive and disloyal to one’s Nation and People.(5)— President of Zimbabwe (@edmnangagwa) December 31, 2020
ZANU PF has been plunged in sorrow as its UK/EU District chairman Masimba Tawengwa has died of Covid-19.
He was 48. Masimba died of complications similar to COVID even though he tested COVID 19 negative on Wednesday the 30th of December. He died at Arundel Hospital in Harare around 4pm on the New year’s eve.
Cde Tawengwa got sick while at his farm in Marondera on the 31st December and suffered from shortness of breath, and was then taken to Harare for hospitalisation.
Permanent secretary for Information, Publicity and Broadcasting Services, Mr Nick Mangwana, who worked with him in the UK, said he died 10 minutes after being put on oxygen.
Talking in Harare the ZANU PF UK/Europe Secretary General cde Xavier Zvavare said”. Words do fail me cde. Masimba was a colleague and a friend. He loved his party and he was a people’s leader. Cde Tawengwa always fought for people. He was fighting for the diaspora to own land in Zimbabwe. Despite that he had his own farm in Marondera cde Tawengwa knocked every door in the high office fighting for the people. He was a selfless leader a leader with people at heart. He was soft spoken a little bit shy but resolute in his purpose. We have lost a man who had the whole future ahead of him and he had plans for the country. Cde Tawengwa had started a project to help diaspora into transport business. He was assisting in coach building for busses. We have lost” cde Zavare said his voice cracking with grief.
“It is with a deep sense of shock and sadness that we received news of the death of Cde Masimba Tavengwa, our Zanu PF UK/ Europe Chairman. Cde Tavengwa will be remembered as a calm but brave and loyal cadre of Zanu PF. He was the epitome of patriotism and inspired so many of his countrymen in the Diaspora. Zanu PF UK family is all the poorer without him. Revolutionaries never die, they just fade away. Rest in Peace Cde Tavengwa ????” Cde Edias Mushayanyama, Zanu PF member, Bristol, UK
“I am in deep shock, just can’t believe it. I have done business with CDE Tawengwa and he was such a lovely man. My prayers and thoughts are with his family at this difficult time. MHSRIP.” CDE Kampira ZANU PF UK said amidst the pouring of grief from all corners of Europe. Cde Mashanda from Germany said.
“Cde Tawengwa was a leader who can not be replaced. He stood for ZANU PF in very unfriendly grounds May His Soul Rest In Peace” Comrade Ushe an Executive member of ZANU PF UK said “We have lost a friend and a leader. Cde Tawengwa had time for everyone and would be happy to help or signpost you to those he knew would be able to address your issues. RIP cde.” Cde Musukutwa wrote
“I sat with Cde Masimba on initiatives requested by the Vice President and Minister of Health to help introducing new strategies and approach in compliance with initives implemented by VP Chiwenga in reformation of our Health system. I am still working on the document ment to be presented before VP in January. He was a humbly and strategic man, he was good at gathering knowledge from people who lead fields, group them to formulate a Think Tank. The man was a true leader, will sadly missed, we had so much in making but all has been hijacked by death. We feel robbed!” Several people have texted their condolence messages. Cde Tawengwa was a unifier.
God has taken and we can never know why?
Cde Kuda Mugari was loss of words. He just said “Why why Why??” Funeral arrangement are still underway.
By A Correspondent| A renowned Zimbabwean midwife at Whittington hospital in the United Kingdom, Nowelyn Chitewe has succumbed to the deadly COVID-19 pandemic.
According to Edna Rudairo Gwaze, the organiser of a fundraising campaign for burial of Chitewe, she was a dedicated NHS midwife for 13 years.
“Nowelyn Chitewe was a dedicated NHS Midwife for 13years at Whittington Hospital. She recently sadly died of Covid….She was a hard working, humbled midwife who was very popular and well liked by all . She served the NHS well, she had a passion for mothers and babies, a kind soul…She loved her family , husband and 2 children who are devastated by her loss.. Our maternity unit is shaken by her death… We are all heartbroken. Please help us to give her a befitting send off, and help her family,” said Gwaze.
The Meteorological Services Department has confirmed that the tropical storm Chalane that has been anticipated to hit Zimbabwe from the 30th to 1st of January is gone, in what comes as a major relief to the people of Chipinge and Chimanimani who were living in fear of a repeat of the devastating Cyclone Idai that left hundreds dead while infrastructure worth millions of dollars was destroyed.
According to MSD, the tropical chalane has greatly weakened and is now passed.
The department said it will continue monitoring areas along the path of the system including Chivhu which received 69 mm, Tsholotsho 87 mm, 63mm Lupane and 58mm for Chikomba.
Below is the MSD message confirming that Chalane has indeed passed and left without any causalities as widely feared.
By A Correspondent| Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ) has successfully applied for bail pending appeal for the incarcerated widowed teacher Sheila Chisirimunhu who was jailed 16 months for protesting against poor salaries.
ARTUZ said they struggled to get the court record which enables them to apply for bail.
“It was a struggle to get record at Masvingo magistrates court. Martin Mureri of @ZLHRLawyers had to put up a fight. Finally we managed to apply for bail pending appeal at the High Court. We remain hopeful that #FeeSheila will be freed!! We wont report for duty until she is free,” said ARTUZ.
There has been increased noise over her detention which many felt was politically motivated as her crime did not warrant a jail sentence.
By Masimba Mavaza | ZANU PF and Zimbabwe have been plunged in sorrow as cde Masimba dies. Zanu PF UK/EU District chairman Cde Masimba Tawengwa has died of Covid-19.
He was 48.Cde Masimba died of complications similar to COVID even though he tested COVID 19 negative on Wednesday the 30th of December. He died at Arundel Hospital in Harare around 4pm on the New year’s eve.
Cde Tawengwa got sick while at his farm in Marondera on the 31st December and suffered from shortness of breath, and was then taken to Harare for hospitalisation. Permanent secretary for Information, Publicity and Broadcasting Services, Mr Nick Mangwana, who worked with him in the UK, said he died 10 minutes after being put on oxygen.
Talking in Harare the ZANU PF UK/Europe Secretary General cde Xavier Zvavare said”. Words do fail me cde. Masimba was a colleague and a friend. He loved his party and he was a people’s leader. Cde Tawengwa always fought for people. He was fighting for the diaspora to own land in Zimbabwe. Despite that he had his own farm in Marondera cde Tawengwa knocked every door in the high office fighting for the people. He was a selfless leader a leader with people at heart. He was soft spoken a little bit shy but resolute in his purpose. We have lost a man who had the whole future ahead of him and he had plans for the country. Cde Tawengwa had started a project to help diaspora into transport business. He was assisting in coach building for busses. We have lost” cde Zavare said his voice cracking with grief.
“It is with a deep sense of shock and sadness that we received news of the death of Cde Masimba Tavengwa, our Zanu PF UK/ Europe Chairman. Cde Tavengwa will be remembered as a calm but brave and loyal cadre of Zanu PF. He was the epitome of patriotism and inspired so many of his countrymen in the Diaspora. Zanu PF UK family is all the poorer without him. Revolutionaries never die, they just fade away.
Rest in Peace Cde Tavengwa ????” Cde Edias Mushayanyama, Zanu PF member, Bristol, UK
“I am in deep shock, just can’t believe it. I have done business with CDE Tawengwa and he was such a lovely man. My prayers and thoughts are with his family at this difficult time. MHSRIP.” CDE Kampira ZANU PF UK said amidst the pouring of grief from all corners of Europe.
Cde Mashanda from Germany said “Cde Tawengwa was a leader who can not be replaced. He stood for ZANU PF in very unfriendly grounds May His Soul Rest In Peace” Comrade Ushe an Executive member of ZANU PF UK said “We have lost a friend and a leader. Cde Tawengwa had time for everyone and would be happy to help or signpost you to those he knew would be able to address your issues. RIP cde.” Cde Musukutwa wrote “I sat with Cde Masimba on initiatives requested by the Vice President and Minister of Health to help introducing new strategies and approach in compliance with initives implemented by VP Chiwenga in reformation of our Health system. I am still working on the document ment to be presented before VP in January. He was a humbly and strategic man, he was good at gathering knowledge from people who lead fields, group them to formulate a Think Tank. The man was a true leader, will sadly missed, we had so much in making but all has been hijacked by death. We feel robbed!” Several people have texted their condolence messages. Cde Tawengwa was a unifier. God has taken and we can never know why? Cde Kuda Mugari was loss of words. He just said “Why why Why??” Funeral arrangement are still underway.
By Jane Mlambo| Presidential spokesperson George Charamba has explained why newly elected MDC-T President Douglas Mwonzora cannot replace his now deputy Thokozani Khupe as the leader of opposition in Parliament.
Charamba said leader of opposition was reserved for the most senior person in the lower House which effectively means Khupe’s position will not be threatened by the recent leadership changes in her party.
There were claims that Mwonzora was planning to take over the leader of the opposition in Parliament from Khupe.
“All ye citizens of Political Society, know thee that Leader of the Opposition title goes to a Lower House representative of the next major political party after the ruling party. Not a holder of Senatorial position!!!! Ndini hangu ndadaro,” said Charamba through his Jamwanda2 Twitter account.
By A Correspondent- The Harare City Council (HCC) has been hit by a fresh corruption scandal after a tender to supply 10 000 Tyvek Covid-19 protective overalls worth ZW$51 520 000 was awarded without going to tender to a briefcase company, whose owner was blacklisted for similar allegations, an internal audit has revealed.
The confidential audit report by City of Harare audit manager Archibald Nyamurova, also revealed that prices for the equipment were heavily inflated, while the city’s procurement and compliance officer and buyer Abel Dzuke allegedly took delivery of a brand new Isuzu KB300 truck as a kickback for facilitating the shady deal.
Suspended Harare Town Clerk Hosiah Chisango ordered the audit after learning of the fishy deal in which the shelf company, Eqstra Hardware and Electrical, was cherry-picked to supply the Tyvek coveralls under order number 0105212.
The audit recommended that the matter be referred to the Zimbabwe Anti-Corruption Commission (Zacc) for further investigation.
The initial purchase order (0105212) for Eqstra Hardware and Electrical to supply Council with 15 000 Tyvek suits at a price of ZW$2 997 (US$37) per unit at a total value of ZW$44 650 000 was way cheaper, despite having more units.
The shelf company did not appear on the shortlist of qualified bidders published weekly by the Ministry of Health and Child Care and thus Council officials flouted Circular 1 of 2020, the 25-page internal audit report seen this week by the Zimbabwe Independent reveals.
Council was prejudiced of ZW$19 720 000 (or ZW$5 972 per unit) because of the overpricing of the Tyvek suits by Eqstra Hardware and Electrical. The auditors noted that suppliers recommended by the Ministry of Health and Child Care had significantly lower prices. Surprisingly, Council officials who entered a contract with the hardware company on May 8, 2020 also acceded to an upward price variation by the company from ZW$2 997 to ZW$5 521 per unit on June 18 despite the fact that the exchange rate remained constant at rate of US$1 to ZW$25.
Auditors further discovered that the council procurement department abused the request for quotations method to accept a request to vary and overprice the products.
As the report’s findings show, Council only received 10 000 kits, instead of the 15 000 it had procured from Eqstra Hardware and Electrical, and in the process of the controversial transaction lost US$1 030 400.
In simple terms, Eqstra Hardware and Electricals, as revealed by the audit report, lacked the financial wherewithal and capacity to meet the City’s requirements.
“Council was deprived of its right to receive ZW$25 760 000 worth of stock as result of the 5 000 units which were not delivered to Council. Eqstra Hardware and Electrical was awarded an order by Council to supply 15 000 suits, however, the company only supplied Council with 10 000 Tyvek suits at a price of $5 152 per unit. In US dollar terms, a benefit of $ 1 030 400 was forgone as a result of the non-delivery.
“Council engaged Eqstra Hardware and Electrical, who had no capacity to deliver the 15 000 Tyvek suits on the initial contract. After Council authorised a reduction of the 15 000 units to 10 000 units, Eqstra Hardware and Electrical took four months to deliver the 10 000-unit consignment. However, the company had indicated on its first bid that the 15 000 units were immediately available.”
The report further says council was prejudiced of US$862 000 because of the authorised but unjustified price variation.
The Zimbabwe Independent now understands that already, heads are rolling at Town House after authorities ordered an investigation into the deal and suspended the contract with the hardware company, pending finalisation of inquiries.
By A Correspondent | “Zanu PF UK/EU District chairman Masimba Tawengwa (48) died of Covid-19 today at Arundel Hospital in Harare, 10 minutes after being put on oxygen,” Human Rights Watch Director Dewa Mavhinga narrates.
He continues: “He attended ZANUPF Central Committee meeting yesterday. “
Tawengwa who is physically based in the United Kingdom, was visiting Zimbabwe at the time.
in a report by legal analyst Masimba Mavaza, it was said Tawengwa had tested negative earlier before his sudden death. – MORE TO FOLLOW
By Jane Mlambo| Presidential spokesperson George Charamba has explained why newly elected MDC-T President Douglas Mwonzora cannot replace his now deputy Thokozani Khupe as the leader of opposition in Parliament.
Charamba said leader of opposition was reserved for the most senior person in the lower House which effectively means Khupe’s position will not be threatened by the recent leadership changes in her party.
There were claims that Mwonzora was planning to take over the leader of the opposition in Parliament from Khupe.
“All ye citizens of Political Society, know thee that Leader of the Opposition title goes to a Lower House representative of the next major political party after the ruling party. Not a holder of Senatorial position!!!! Ndini hangu ndadaro,” said Charamba through his Jamwanda2 Twitter account.
By Jane Mlambo| Presidential spokesperson George Charamba has explained why newly elected MDC-T President Douglas Mwonzora cannot replace his now deputy Thokozani Khupe as the leader of opposition in Parliament.
Charamba said leader of opposition was reserved for the most senior person in the lower House which effectively means Khupe’s position will not be threatened by the recent leadership changes in her party.
There were claims that Mwonzora was planning to take over the leader of the opposition in Parliament from Khupe.
“All ye citizens of Political Society, know thee that Leader of the Opposition title goes to a Lower House representative of the next major political party after the ruling party. Not a holder of Senatorial position!!!! Ndini hangu ndadaro,” said Charamba through his Jamwanda2 Twitter account.
Controversial socialite, Olinda Chapel has sensationally claimed that she is now a millionaire.
In an Instagram post on New Year’s Eve, the UK based businesswoman said she feels like the Biblical Job who lost his family and fortune and after great suffering, had all his possession restored double. She wrote:
This time 2019 I was letting go of my pain and preparing to walk 2020 alone. I stood still and let God be God.
All I remember was telling God my burdens were too heavy and I couldn’t walk another step.
God asked me “do you trust in me?” Undoubtedly I said, “I trust you, Lord”.
He asked me to put my burdens down. So I did. Lord did I feel lighter. I allowed myself grace.
With 2019 I had had. I didn’t believe my 2020 would end this way. Call me Job because I shared his lamentations.
Call me Job because despite the devils lies and thievery. God restored it all.
My family is a family again. 2020 God officially made me a 7 figure earner.
He took my sorrows and turned them into happiness. He restored what the devil had stolen.
By Jane Mlambo| Presidential spokesperson George Charamba has explained why newly elected MDC-T President Douglas Mwonzora cannot replace his now deputy Thokozani Khupe as the leader of opposition in Parliament.
Charamba said leader of opposition was reserved for the most senior person in the lower House which effectively means Khupe’s position will not be threatened by the recent leadership changes in her party.
There were claims that Mwonzora was planning to take over the leader of the opposition in Parliament from Khupe.
“All ye citizens of Political Society, know thee that Leader of the Opposition title goes to a Lower House representative of the next major political party after the ruling party. Not a holder of Senatorial position!!!! Ndini hangu ndadaro,” said Charamba through his Jamwanda2 Twitter account.
By A Correspondent| Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ) has successfully applied for bail pending appeal for the incarcerated widowed teacher Sheila Chisirimunhu who was jailed 16 months for protesting against poor salaries.
ARTUZ said they struggled to get the court record which enables them to apply for bail.
“It was a struggle to get record at Masvingo magistrates court. Martin Mureri of @ZLHRLawyers had to put up a fight. Finally we managed to apply for bail pending appeal at the High Court. We remain hopeful that #FeeSheila will be freed!! We wont report for duty until she is free,” said ARTUZ.
There has been increased noise over her detention which many felt was politically motivated as her crime did not warrant a jail sentence.
By A Correspondent- Zimbabwe’s participation at next month’s African Nations Championship (Chan) finals is in doubt after Warriors coach Zdravko Logarušic was said to be among the 14 players and officials who contracted the virus.
Nine of the 23 players in the final squad tested positive for COVID-19 upon their return to camp on Monday.
Five members of the technical team also tested positive including Logarušic.
The players that tested positive have been isolated, while those that tested negative stayed in camp, but training has been suspended as Zifa consults stakeholders that include the government and the Confederations of African Football (Caf).
Warriors team manager Wellington Mupandare yesterday said another round of testing would be conducted today in case some of the negative tests were still in the incubation period.
Mupandare said 11 new players have been put on standby and ready to fill the gaps.
The eleven players that have been put on standby are Devon Chafa, Nqobizitha Masuku, Valentine Musarurwa, Tymon Mvula, Diro Nyenye, Frank Makarati, Ishmael Wadi, Tichaona Chipunza, Thomas Chideu, Phineas Bamusi and Jeansmith Mutudza.
However, the new players will also have to be tested before they are allowed to join camp.
Those, who will test positive for the virus will need to be quarantined for a mandatory 10-day period before they are cleared to join camp.
But with Caf registration deadline a week away, the Warriors technical team is in a quandary.
“Everything now hinges on the outcome of tomorrow’s tests,” Mupandare said when asked about the Warriors’ Chan participation status.
The Warriors are expected to leave for the finals on January 10.
The Chan finals, a tournament reserved for players plying their trade in their respective domestic leagues, kicks off on January 16 with Zimbabwe taking on hosts Cameroon.
Logarušic had hoped to have two friendly matches against Premier Soccer League sides before they travelled to Cameroon after they failed to organise international friendlies.
Already, the coach was worried about the team’s fitness levels ahead of the tournament considering that the players have not played competitively all year.
The domestic topflight league failed to take off due to the pandemic and it is hoped that it will return in March.
However, surge in infections has cast doubt on the resumption in March considering that local football, unlike other sporting disciplines cannot afford the bio-bubble concept.
Zimbabwe are in Group A and will face hosts Cameroon in the tournament curtain raiser. Mali and Burkina Faso are the other group members.
Warriors Chan squad
Goalkeepers: Ariel Sibanda (Highlanders), Simba Chinani (Dynamos), Nelson Chadya (Ngezi)
Defenders: Peter Muduwa (Highlanders), Partson Jaure (Dynamos), Tafadzwa Jaravani (CAPS Utd), Ian Nekati (Chicken Inn), Qadr Amini (Ngezi), Carlos Mavhurume (CAPS Utd), Pawell Govere (Golden Eagles), Andrew Mbeba (Highlanders), Talent Chamboko (Manica Diamonds)
Midfielders: Richard Hachiro (CAPS Utd), Ronald Chitiyo (CAPS Utd), Gabriel Nyahwa (Bulawayo Chiefs), Wellington Taderera (Ngezi), Leeroy Mavunga (CAPS Utd), Tatenda Tavengwa (Harare City), King Nadolo (Dynamos), Denver Mukamba (Ngezi)
By A Correspondent- MDC-T former president Dr Thokozani Khupe who resume her role as leader of the opposition in Parliament after she and 14 others from her party were sworn-in as members of the National Assembly and Senate on 7 October has the same perks as that of a Cabinet Minister.
This was revealed by Mnangagwa’s government spokesperson Nick Mangwana on microblogging site Twitter.
Said Mangwana:
“As it currently stands, Leader of the Opposition in Parliament has the same perks as that of a Cabinet Minister.”
By A Correspondent- A Bindura based Kombi driver is assisting police with investigations after he fatally knocked down a 7 year-old boy at the 58 kilometer peg along Mukumbura – Harare highway on Sunday.
The speeding driver Chaparadza Zienderana (62) of Aerodrome, Bindura failed to brake and hit Tafadzwa Sakupwanya who was crossing the road.
Mashonaland Central police spokesperson Inspector Milton Mundembe confirmed the case.
“I can confirm a fatal road accident at the 58 kilometer peg where a seven year old boy succumbed to injuries sustained from the accident,” Mundembe said.
It is further alleged that the now deceased Sakupwanya sustained chest pains and died along the way to Bindura provincial hospital.
Police warned motorist to travel at safe speeds during this rainy season.
“We are urging motorists to travel at safe speed especially during this rainy season, life is precious hence drive to remain alive.”
By A Correspondent- The Harare City Council (HCC) has been hit by a fresh corruption scandal after a tender to supply 10 000 Tyvek Covid-19 protective overalls worth ZW$51 520 000 was awarded without going to tender to a briefcase company, whose owner was blacklisted for similar allegations, an internal audit has revealed.
The confidential audit report by City of Harare audit manager Archibald Nyamurova, also revealed that prices for the equipment were heavily inflated, while the city’s procurement and compliance officer and buyer Abel Dzuke allegedly took delivery of a brand new Isuzu KB300 truck as a kickback for facilitating the shady deal.
Suspended Harare Town Clerk Hosiah Chisango ordered the audit after learning of the fishy deal in which the shelf company, Eqstra Hardware and Electrical, was cherry-picked to supply the Tyvek coveralls under order number 0105212.
The audit recommended that the matter be referred to the Zimbabwe Anti-Corruption Commission (Zacc) for further investigation.
The initial purchase order (0105212) for Eqstra Hardware and Electrical to supply Council with 15 000 Tyvek suits at a price of ZW$2 997 (US$37) per unit at a total value of ZW$44 650 000 was way cheaper, despite having more units.
The shelf company did not appear on the shortlist of qualified bidders published weekly by the Ministry of Health and Child Care and thus Council officials flouted Circular 1 of 2020, the 25-page internal audit report seen this week by the Zimbabwe Independent reveals.
Council was prejudiced of ZW$19 720 000 (or ZW$5 972 per unit) because of the overpricing of the Tyvek suits by Eqstra Hardware and Electrical. The auditors noted that suppliers recommended by the Ministry of Health and Child Care had significantly lower prices. Surprisingly, Council officials who entered a contract with the hardware company on May 8, 2020 also acceded to an upward price variation by the company from ZW$2 997 to ZW$5 521 per unit on June 18 despite the fact that the exchange rate remained constant at rate of US$1 to ZW$25.
Auditors further discovered that the council procurement department abused the request for quotations method to accept a request to vary and overprice the products.
As the report’s findings show, Council only received 10 000 kits, instead of the 15 000 it had procured from Eqstra Hardware and Electrical, and in the process of the controversial transaction lost US$1 030 400.
In simple terms, Eqstra Hardware and Electricals, as revealed by the audit report, lacked the financial wherewithal and capacity to meet the City’s requirements.
“Council was deprived of its right to receive ZW$25 760 000 worth of stock as result of the 5 000 units which were not delivered to Council. Eqstra Hardware and Electrical was awarded an order by Council to supply 15 000 suits, however, the company only supplied Council with 10 000 Tyvek suits at a price of $5 152 per unit. In US dollar terms, a benefit of $ 1 030 400 was forgone as a result of the non-delivery.
“Council engaged Eqstra Hardware and Electrical, who had no capacity to deliver the 15 000 Tyvek suits on the initial contract. After Council authorised a reduction of the 15 000 units to 10 000 units, Eqstra Hardware and Electrical took four months to deliver the 10 000-unit consignment. However, the company had indicated on its first bid that the 15 000 units were immediately available.”
The report further says council was prejudiced of US$862 000 because of the authorised but unjustified price variation.
The Zimbabwe Independent now understands that already, heads are rolling at Town House after authorities ordered an investigation into the deal and suspended the contract with the hardware company, pending finalisation of inquiries.
However, the city Treasurer’s Department still suspiciously hurriedly made several payments, including ZW$9 377 550 (US$114 250), to Eqstra Hardware and Electrical during the period.
Auditors also questioned why the city Treasurer’s Department authorised payments to the company in the absence of necessary supporting documentation.
Other bidders with lower prices had their costs inflated through misrepresentation by the procurement officials so that they would not land the contract, the audit also reveals.
“Allegations are that Eqstra Hardware and Electrical gave the compliance officer an Isuzu truck as a bribe to facilitate the awarding of the contract to Eqstra Hardware and Electrical. Allegations are that Eqstra Hardware and Electrical bribed Council officials to be awarded the contract in question,” the audit report further reads.
Auditors further noted during their investigation that Albert Ndabambe, owner of Eqstra Hardware, is not new to controversy at Town House. His other company, Furbank Hardware and Electrical, was blacklisted after it won a bid to supply bin liners and refuse bags at exorbitant prices through unfair competition tendencies, according to a Procurement and Creditors Payments Audit Report dated October 19, 2017. Council then suffered a prejudice of US$37 084 as a result of overpricing, according to the report.
The audit recommends that the procurement and compliance officer and buyer, Dzuke, should face disciplinary procedures for flouting of Circular 1 of 2020 as he lacked due diligence in the course of his work, adding “personal interest on part of the compliance officer cannot be ruled out and there could have been collusion to prejudice council through unjustified price variation”.
The auditors also recommended that measures should be taken against officials in the Finance department.
“The acting finance director, the principal accountant and other officials should face disciplinary hearings for authorising a payment of ZW$9 377 550, while the company was under investigation,” recommends the report.
“Dr Dzuke was given an Isuzu KB AFE 5649 as a bribe to award Eqstra Hardware and Electrical a contract of ZW$44 655 000. Audit established that the allegations are true as he is in possession of the car in question,” the report further reads.
Dzuke could not be reached for comment this week, but according to the audit report, he denied taking any bribes.
“In an interview with auditors, Dr Dzuke dismissed the allegations. He said that he sold his Mercedes Benz (AFG 1737) in a swap and top up transaction of US$7 000 in exchange for the Isuzu KB300 AFE 5649 on the 3rd of June 2020. The parties involved in the transaction were one D Chazirani 83112011R83 and Dr Dzuke 63-849626R18.
“Evidence availed to audit appears to be not tallying, as Dr Dzuke availed sale agreements in which he purchased both the Discovery Channel ADQ2832 and Isuzu KB300 AFE 5649 in separate occasions upon exchanging his Mercedes Benz AEG 1737 and topping up US$7 000. He has not availed the registration book for the Isuzu KB AFE 5649 in question. However, Central Vehicle Registration records availed to audit showed that the car is in the name of one Mubayiwa.
He admitted that the transaction took place when issues were being raised on the awarding of the contract to Eqstra Hardware and Electrical on the 8th of May 2020,” the audit report reads.
The report also recommended that Council should engage the Procurement Regulatory Authority of Zimbabwe to debar Eqstra Hardware and Electrical in future procurement proceedings with council for transparency.
Efforts to get comments from Ndabambe were fruitless.
By A Correspondent| A renowned Zimbabwean midwife at Whittington hospital in the United Kingdom, Nowelyn Chitewe has succumbed to COVID-19.
According to Edna Rudairo Gwaze, the organiser of a fundraising campaign for the burial of Chitewe, she was a dedicated NHS midwife for 13 years.
She said:
“Nowelyn Chitewe was a dedicated NHS Midwife for 13years at Whittington Hospital. She recently sadly died of Covid….She was a hard working, humbled midwife who was very popular and well liked by all . She served the NHS well, she had a passion for mothers and babies, a kind soul…She loved her family , husband and 2 children who are devastated by her loss.. Our maternity unit is shaken by her death… We are all heartbroken. Please help us to give her a befitting send off, and help her family.”
By A Correspondent- The Zimbabwe Revenue Authority (Zimra) has garnished City of Harare bank accounts over unpaid taxes, in a move the local authority claims has derailed service delivery in the capital.
The local authority currently owes the tax collector ZW$115 million (US$1,42 million) in outstanding taxes.
City of Harare confirmed the development in a statement yesterday, saying Zimra’s move had virtually crippled operations at Town House, as the local authority claims it is now unable to provide essential services like water reticulation and refuse collection.
The beleaguered local authority also claimed it was failing to pay salaries and for services such as fuel, electricity and water treatment chemicals because of the garnish.
“City of Harare wishes to advise residents and ratepayers that the Zimbabwe Revenue Authority (Zimra) last week garnished our bank accounts demanding full payment of ZW$115 million in outstanding taxes,” the statement reads.
“The garnishee order is adversely affecting the council’s daily operations, as the city cannot honour payments to service providers, including fuel and water treatment chemical suppliers. This has seen the city failing to collect refuse in time resulting in garbage piling up across the city. The city is resultantly failing to pay its workers,” the statement further reads.
“Management is currently engaging the revenue collector to seek relief so that available resources can be ploughed into service delivery. Revenue inflows have been greatly affected by the effects of Covid-19.”
The local authority has been under fire from residents and other stakeholders for poor service delivery over the past few years, as corruption and incompetence have taken their toll.
The situation was worsened by the recalling of a number of councillors and the arrest of mayor Jacob Mafume, his deputy Luxon Mukunguma and town clerk Hosiah Chisango, among other senior council executives, on allegations of corruption.
There are also indications that the government, through the Ministry of Local Government, could be planning to replace the depleted council with a special commission to run the city’s affairs.-TheIndependent
By A Correspondent- Vimbai Mukambi a Zimbabwean model based in the UAE is over the moon and she seals off 2020 after she was featured on the social media pages of one of the biggest publication, the Dubai Mall.
Mukambi’s pictures were posted on the social media pages of the Dubai Mall and the post went viral,
Mukambi who models for UAE brand Bhype DxB Luxury fashions and Turkishbrand Les Benjamin’s Supreme and many others said the social media recognition by one of the country’s biggest social media pages was an achievement.
Mukambi will next month be on a billboard as a cover-girl in UAE further recognizing the model’s work in a foreign country.
Speaking about the recognition, and her work in general, Mukambi said:
Modelling is a career that needs to be taken seriously as it sustains livelihood.
2020 has been a difficult year but I can say that I have managed to survive and started on a good note.
Early in January I got a deal with brands like, “Iceberg”, “BlackPyramid”, “Pardon my French”, “Supreme”, “ElleEse” and “Rugrats”.
In December I got what they wanted to have my face on a billboard for the 2021 summer season.
I was then surprised they used my images on DubaiMall Instagram pages which is actually a big thing here in Dubai and the social media post had gone viral.
Speaking about the future, Mukambi said:
I will remain a commercial model but I also want to venture on image consultancy as a profession because of how she is being pestered and nagged in her direct inbox with different people including celebrities.
Some even visit my work place and ask how I do my makeup, matching it with my outfits and sometimes some of the local models and celebrities I give them tips.
I am not going to open an agency but I will just do it on a contract basis hence will not be clinched to anyone.
My love is on commercial modelling.
I have also worked with designer brands like “Uche” from Nigeria, “Black Pyramid” by Chris Brown,DJ Snake’s popular, “Pardon my French,” “Moho” and “Vintage Frames” among others.
The Meteorological Services Department has confirmed that the tropical storm Chalane that has been anticipated to hit Zimbabwe from the 30th to 1st of January is gone, in what comes as a major relief to the people of Chipinge and Chimanimani who were living in fear of a repeat of the devastating Cyclone Idai that left hundreds dead while infrastructure worth millions of dollars was destroyed.
According to MSD, the tropical chalane has greatly weakened and is now passed.
The department said it will continue monitoring areas along the path of the system including Chivhu which received 69 mm, Tsholotsho 87 mm, 63mm Lupane and 58mm for Chikomba.
Below is the MSD message confirming that Chalane has indeed passed and left without any causalities as widely feared.
South Africa’s biggest football clubs Kaizer Chiefs and Mamelodi Sundowns are believed to be in a race for the signature of hotshot Zimbabwe warriors striker Prince Dube.
Dube who moved to Tanzanian premier league from Highlanders early this year is one of the brightest prospects from the current warriors squad and has netted on all his debut matches.
By A Correspondent- A Harare man allegedly smashed a 65-year-old woman with a brick on the head several times resulting in her death after she tried to restrain him from assaulting his girlfriend.
Nicholas Matarirano (27) of Stoneridge Park allegedly struck Joyce Garikai on her head after she tried to restrain him from attacking his lover, Kundai Kanupula, following a misunderstanding.
Matarirano was taken to Mbare magistrates court charged with murder. He was not asked to plead to the charges when he appeared before magistrate Ms Feresi Chakanyuka, who remanded him in custody to January 14, 2021 and advised him to approach the High Court for bail application.
According to prosecutor Lawrence Gangarahwe, on December 28 at around 2am Matarirano was at Taisekwa Shops in Stoneridge with his lover, Kundai. The two allegedly had a misunderstanding that resulted in Matarirano assaulting Kundai.
A 65-year-old woman then intervened and tried to restrain Matarirano from assaulting his lover. A seemingly not to be outdone Matarirano picked a brick and struck the senior citizen on the head several times leaving her with a deep wound.
The late Garikai was rushed to Sally Mugabe Central Hospital where she was pronounced dead on arrival.
Matarirano was was arrested and taken to court charged with murder. He will return to court on January 14 for his routine remand.-statemedia
By A Correspondent| Government has announced that President Emmerson Mnangagwa will be taking his annual leave from the 1st of January to the 2nd of February.
In Mnangagwa’s absence, his deputies Kembo Mohadi and Constantino Chiwenga will take turns to be Acting Presidents.
“We wish to advise the Nation that HE, President @edmnangagwa 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,” government has announced.
By A Correspondent| Zimbabwe’s Meteorological Services Department says Tropical Storm Chalane has weakened and passed.
Authorities, however, said they will continue “to monitor specific areas to assess rainfall and downstream effects”.
The Met Department said light rains, cloudy and windy conditions are expected to continue across the Southern African country.
“We will continue to assess and advise in liason with the Civil Protection Unit for the safety of the public,” the Met Department said in its latest update on Thursday.
The department emphasised that the weather phenomenon experienced in some parts of the country was not a tropical cyclone.
“The highest stage it reached was a tropical storm. It was not a tropical cyclone.”
By A Correspondent| A renowned Zimbabwean midwife at Whittington hospital in the United Kingdom, Nowelyn Chitewe has succumbed to the deadly COVID-19 pandemic.
According to Edna Rudairo Gwaze, the organiser of a fundraising campaign for burial of Chitewe, she was a dedicated NHS midwife for 13 years.
“Nowelyn Chitewe was a dedicated NHS Midwife for 13years at Whittington Hospital. She recently sadly died of Covid….She was a hard working, humbled midwife who was very popular and well liked by all . She served the NHS well, she had a passion for mothers and babies, a kind soul…She loved her family , husband and 2 children who are devastated by her loss.. Our maternity unit is shaken by her death… We are all heartbroken. Please help us to give her a befitting send off, and help her family,” said Gwaze.
By A Correspondent- The Infomation and publicity and broadcasting services permanent secretary the pecks of the leader of the opposition in parliament is similar to the pecks of a government minister. Mangwana was speaking after Douglas Mwonzora beat Thokozani Khupe to become the MDC T’s president.
Mangwana tweeted:
As it currently stands, Leader of the Opposition in Parliament has the same perks as that of a Cabinet Minister. #JustSaying (semunhu asati ambotaura)
This is not the first time government officials have commented on the pecks of the leader of the opposition in parliament. A few months ago President Mnangagwa’s Press secretary George Charamba said something similar to that when he said:
Leader of the opposition portfolio comes with perks
The clerk of Parliament Kennedy Chokuda just after Thokozani Khupe bounced back in parliament in October said:
Ask the politicians. The position of leader of the opposition in the House has always been recognised, from way back, you recall Gibson Sibanda. The post is there in Parliament and the leader of the opposition is consulted when business is done.
Meanwhile, the Justice Minister Ziyambi Ziymabi has said Nelson Chamisa was never offered the position of the leader of the opposition in parliament contrary to popular reports claiming otherwise.
By A Correspondent- A woman from Chivhu was this week arrested after her neighbors tipped off law enforcement agents for neglecting her child who later died in hospital a day after she was arrested.
This was revealed by ZRP on Twitter which stated that the woman abused her 1 year 9 months old child by leaving her unattended without food and not changing her diaper for 3 days.
ZRP Tweeted:
A Chivhu woman was arrested on 27/12/20 for ill treating her one year nine months old daughter. The suspect abandoned the child at home without food or being changed diapers for over three days and left her unattended.
Police received a tip-off from members of the public before rescuing the baby and taking her to a local hospital. However the minor died on 28/12/20 whilst admitted in hospital. #notochildabuse
ZRP cautioned parents to take care of their young children and always monitor their movements and reported about the case of another toddler dying after drowning in a dam in Binga:
Police continue to urge parents to monitor children as they play. A minor aged four years drowned and died in a small dam at Songwa Village, Chief Sinamagonde, Lusulu on 28/12/20. The infant was herding goats with three colleagues when they proceeded to a small dam to swim.
As the victim was removing his clothes, he slipped and fell into the water and drowned
ZRP also said cases of rape of minor children aged between 13 and 17 surged over the Christmas holiday countrywide.
It is foolhardy to believe that a genuine Mdc outfit can drag itself to secure transport services from Zanupf-controlled buses. The presence of Zupco buses at the Mdc-T inquorate Extra-Ordinary Congress resembles a fortified destructive hand of the clueless rogue regime aimed at crippling the people’s project led by President Advocate Nelson Chamisa. Mdc Alliance Namibia urges the Mwonzora led party to halt reading from Zanupf books of violence and barefaced looting and corruption in the party that purports to be democratic and transparent.
Furthermore, the violence that marred the proceedings is characteristic of the national religion of their enablers who use state-sponsored violence to achieve political goals. This was evidenced when Khupe (the former Acting President) received a hard slap from the marauding party members after she stood firm challenging rigging and embezzlement of funds by the cunning, dishonesty and corrupt Douglas Togarasei Mwonzora. The counterfeit Constitutionalists exhibited their lack of comprehension of the preamble of their own constitution. In the preamble it is unequivocally stated clearly that when a Convention of social democrats converged to deliberate on the serious national issues, they unanimously resonated to confront the dismal failure and inability of the Zanupf totalitarian government to govern Zimbabwe justly, transparently, honestly, fairly and equitably.
Despite such a clear preamble, Mwonzora and cronies continue with injustice, dishonesty, inequality and self-enrichment using the peoples’ money. Khupe told the press that she regretted working with Mwonzora because he withdrew party funds without the consent of others which becomes both criminal and unconstitutional. There is no transparency in the Zanupf-made party. It is imperative for all social democrats to open their eyes wide to survive deception from these political hypocrites and deceivers.
Moreover, the Mdc-T constitution provides the obligation to empower the people by respecting their basic universal freedoms of choice, expression and association. In contravention of this constitutional provision, Mwonzora and cabal went on to disempower our people through illegal recalls supported by the captured courts, parliament and and police. Their constitution is very clear on the need to fight disempowerment of the people , breach of the rule of law through state-sponsored violence and abuse of human rights. On the contrary, it is the autocratic Mwonzora who is facilitating the forcible deprivation of power and liberty of voters who chose Mdc Alliance Councillors and MPs ahead of MdcT in 2018 to represent them in local councils and parliament. This can only happen with the aid of the satanic regime.
Mdc-T is absolutely infringing its own party law by displaying a cold shoulder to the core values of ensuring that the party strive for the democratic structural economic liberation, empowerment and complete transformation of Zimbabwe. Instead of embracing this democratic trajectory enshrined in the party supreme law, Mwonzora proves to be lacking transparency and public accountability in this political institution. Mdc Alliance Namibia lampoons the lack of ideological orientation and dedication to eradicate all forms of corruption including an unsanctioned withdrawal of public coffers. These Zanupf surrogates must stop singing from the hymn book of corruption copying from their desperate masters if they desire to be seen as an alternative government by the innocent citizenry.
It is quite perturbing to witness the illegal arrest and detention of our Mayor His Worship Jacob Mafume. This is a foolish attempt by Zanupf and their proxies to weaken the power of the people of Harare who voted for Mdc Alliance since the inception of the political dynamo in 1999. We comprehend the attempt by these sons and daughters of Satan to derail the revolutionary train by weaponising the law to gain political mileage as well as paving way for looting with impunity. We demand resistance to the imposition of a Zanupf and Zanupf lite commission proposed by the frustrated regime which wants to continue eating while the general citizenry is wallowing in abject poverty. Zanupf must free all political prisoners.
In a nutshell, Mdc Alliance Namibia would like express its astounding gratitude to the leader of the political mountain President Advocate Nelson Chamisa for completely distancing us from this Zanupf agenda. We believe in the change that delivers. As a District, we are delighted that finally, the concealed Zanupf hand in the Mdc-T was unearthed manifesting in Zupco buses and politically motivated violence as Zanupf’s certified belief system.
By A Correspondent- The MDC held a bruising conference to choose a new leader in December and it has resulted in a legal battle.
The MDC’s Thokozani Khupe ran to be the party’s leader against Douglas Mwonzora. She lost the vote and filed a court case to throw out the results, claiming the vote was rigged.
This is just one in a series of legal battles that has weakened and divided the opposition.
In April, the MDC’s Khupe won a Supreme Court judgement to use the official name of the party, MDC-T. Opposition leader Nelson Chamisa opposed Khupe and at the time of the 2018 national elections was the candidate of a coalition of political parties called the MDC Alliance.
Khupe has been stamping her authority on the party by recalling elected members of parliament, causing them to lose their seats.
Expulsion wave
Some 31 legislators have been expelled in terms of Section 129 (1) (K) of the constitution, which stipulates that “a member of parliament loses his/her seat if he/she ceases to be a member of the party under which they were elected.”
Settlement Chikwinya, an MDC Alliance legislator for Mbizo, Kwekwe (Midlands province) tells The Africa Report: “The recall of a member of parliament removes the right to enjoy representation for the electorate and the right to represent by the member of parliament.”
Constitutional law expert and University of Zimbabwe professor Lovemore Madhuku explains:
“An MP loses his/her seat merely on account of being recalled by the party that he was voted into parliament at the time of election. They lose their seats yet they might still be capable and have confidence in the voters.”
Chamisa not chuffed
Chamisa accuses the Supreme Court of bias and political meddling. When the elections were held, Nelson Chamisa led the MDC Alliance, which was recognised as a political party. It appeared on the ballot paper and the MPs campaigned using the MDC Alliance name instead of the MDC-T.
In Gwanda, Matabeleland South, Alice Masawi MDC Alliance district secretary tells The Africa Report how the expulsions of the representatives in parliament has violated the voting rights of the electorate.
“A constituency without representation in parliament lacks in terms of its issues being forwarded, there is no legislative response and it is left,” argues Masawi.
Masawi adds: “We elected the leaders of our choice to represent us in parliament, the recall which was done mysteriously at a critical time when the country was battling with the deadly pandemic coronavirus has severely impacted on our rights as the electorate.”
“We voted for MDC Alliance MPs led by Nelson Chamisa, not MDC-T led by Thokozani Khupe. It was very clear on the ballot paper and we know whom we voted for. The decision to recall our MPs is not justified. It has severely impacted on women as we strive for equal representation in parliament,” Masawi concludes.
Shrinking space
A 2020 Crisis in Zimbabwe Coalition publication, The Southern Africa Power Matrix- Covid-19 and the Shrinking Democratic Space in SADC, exposes how authoritarian governments with the SADC region have closed democratic space following the outbreak of global pandemic, coronavirus.
“The outbreak of the Covid-19 pandemic in Southern Africa in early March 2020 saw most governments passing emergency laws, decisions which have far-reaching consequences for political participation and inclusion, risking a new crisis of democracy,” read the report.
Chikwinya tells The Africa Report that, “The subtraction of legislators from parliament has further weakened the opposition in the 9th parliament. It is a travesty of justice and dark period for democracy in Zimbabwe and the executive is using Covid-19 regulations, which are not superior to the constitution, to stifle the holding of by-elections,” Chikwinya adds.
The constitution of Zimbabwe provides that where a vacant has arisen in parliament it has to be filed within 90 days. The Crisis in Zimbabwe Coalition report that the government has used the global pandemic to stifle electoral and democratic rights of citizens.
“In Zimbabwe, the government used a cocktail of strategies to weaken the opposition, a position that was interpreted as interference into the oppositions’ factional differences and prop up the ruling party’s preferences. Elections were modified, postponed and cancelled considering the health risks posed by the pandemic,” read the report.
By-elections to fill the vacant posts have been postponed. Without a budget for elections, the elections are likely be held after July 2021.
Chikwinya says: “The objective of the ruling party is to destroy the opposition. The minister of finance refused to budget for by-elections this year. For us to hold by-elections we will need an extra supplementary budget that can only be debated in July 2021.”
By A Correspondent- A Harare man allegedly smashed a 65-year-old woman with a brick on the head several times resulting in her death after she tried to restrain him from assaulting his girlfriend.
Nicholas Matarirano (27) of Stoneridge Park allegedly struck Joyce Garikai on her head after she tried to restrain him from attacking his lover, Kundai Kanupula, following a misunderstanding.
Matarirano was taken to Mbare magistrates court charged with murder. He was not asked to plead to the charges when he appeared before magistrate Ms Feresi Chakanyuka, who remanded him in custody to January 14, 2021 and advised him to approach the High Court for bail application.
According to prosecutor Lawrence Gangarahwe, on December 28 at around 2am Matarirano was at Taisekwa Shops in Stoneridge with his lover, Kundai. The two allegedly had a misunderstanding that resulted in Matarirano assaulting Kundai.
A 65-year-old woman then intervened and tried to restrain Matarirano from assaulting his lover. A seemingly not to be outdone Matarirano picked a brick and struck the senior citizen on the head several times leaving her with a deep wound.
The late Garikai was rushed to Sally Mugabe Central Hospital where she was pronounced dead on arrival.
Matarirano was was arrested and taken to court charged with murder. He will return to court on January 14 for his routine remand.-statemedia
By A Correspondent- Political activist and National Patriotic Front (NPF) member Jim Kunaka was on Tuesday denied bail on allegations of trying to incite the public to engage in violence in August.
Kunaka was facing charges of incitement to participate in a gathering with intent to promote public violence, breach of Peace or biogotry and an alternative charge of incitement of gatherings of more than 50 people without permission and contravening the Public health (Covid-19 prevention,containment and treatment).
The state led by Mr Lancelotte Mutsokoti was opposed to bail arguing that Kunaka was likely to abscond as he defaulted another pending case on August 7 in which he is facing charges of subverting a constitutionally elected Government. He further submitted that since then Kunaka never bothered to attend court for default inquiry.
Harare Magistrate Mrs Judith Taruvinga denied Kunaka bail saying he demonstrated the propensity to abscond since he was on the run for five months.
The court heard that during the period extending from March 1 to July 30, Kunaka intending to persuade and induce other persons or realising that there was real risk or possibility that by such communication other persons may be persuaded or induced to engage in public violence or participate in a gathering that would disturb peace, posted a video on social media inciting people across the country to participate in illegal demonstrations on July 31 2020 .
In the video the accused said the following words: “Good evening Zimbabwe my name is Jim Kunaka, today I am in Rushinga, Mt Darwin. We were conducting our mobilisation for tomorrow’s demonstration, we have finished work here in Mt Darwin in Mashonaland Central Province. People have accepted, people have agreed with us that corruption has caused our suffering and hunger. People who are looting the national cake have left us with nothing to eat so we have agreed here in Mashonaland Central that people will come out to demonstrate in their numbers.
By A Correspondent- Newly-elected MDC-T president, Mr Douglas Mwonzora, yesterday assumed his new role as opposition leader and immediately unveiled a new executive in which he retained his election rivals – Dr Thokozani Khupe, Mr Morgan Komichi and Engineer Elias Mudzuri.
This is despite the fact that the trio had earlier on rejected Mr Mwonzora’s electoral victory, accusing him and his supporters of rigging.
This comes as MDC-T lawyer, Professor Lovemore Madhuku gave a legal opinion in which he averred that Mr Mwonzora was duly elected as president of the party and Dr Khupe could not lawfully nullify the election process once it had been placed in motion.
Prof Madhuku said once an independent election management body took over running of election and the first vote cast, all candidates including Dr Khupe were equal and could not unilaterally nullify the process except that election body charged with running of polls or a competent court of law.
“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 to 2020 without that meeting having been convened by him or under his authority,” reads the legal opinion. Further, if it is accepted that the extraordinary congress was never cancelled at law, the meeting of 28 December 2020 could neither confirm, endorse or ratify a non-existent cancellation.”
Yesterday’s press conference was held at Morgan Richard Tsvangirai House, the party headquarters where Mr Mwonzora announced a new leadership that constituted the party’s standing committee and retained his rivals among other key appointments.
According to the new structure of the executive, Dr Khupe reverted to her position as first vice president alongside Eng Mudzuri while Mr Komichi retained his post as national chairperson.
The press conference was also attended by other party bigwigs who include Dr Tapiwa Mashakada, who was appointed national treasurer general while Ms Paurina Mpariwa took over from Mr Mwonzora as secretary-general.
Addressing journalists, Mr Mwonzora said the extraordinary congress held at the weekend was in compliance with the Supreme Court ruling that directed that the party convene an extraordinary congress to replace the party’s founding president, Mr Morgan Tsvangirai.
He condemned the assault of Dr Khupe, saying investigations to identify the culprit were underway.
Zanu pf acting spokesperson, Cde Patrick Chinamasa, yesterday said while they had no business in the way the opposition was run, they were keen to establish Mr Mwonzora’s attitude on sanctions, which have caused untold suffering to ordinary citizens after the MDC-T called for the imposition of the embargo.
Cde Chinamasa said this yesterday at the party headquarters while fielding questions from journalists during a post-Central Committee media briefing.
“We have an opposition that asked for sanctions, an opposition which has been co-habiting with countries that seek to undermine our development trajectory.
“I would want a categoric statement from Mwonzora on sanctions to say he was mistaken and he must apologise to the Zimbabwean people for causing pain, something that has affected our development,” said Cde Chinamasa.
He said they were happy that former acting MDC-T leader Dr Khupe had denounced sanctions during the time she led the opposition outfit.
Asked to comment on the just-ended chaotic MDC-T extraordinary congress, Cde Chinamasa said the opposition had violent tendencies and were fond of refusing to accept defeat as what obtained during their congress.
Mr Mwonzora said he was prepared to work with all political parties to achieve unity of purpose.
“We want to unite this party, we want tolerance, we appeal for patience, we want to rebuild this movement. What we demand from Zanu PF is what they would have demanded from us when we get into power. It is clear that Zimbabwe needs a shared national vision,” said Mr Mwonzora. Following Mr Mwonzora’s ascension, Mr Komichi said he will be working with the new president.
“I have been working behind the scenes to avoid a split. We are putting our interests aside and the party interests ahead. The party is very weak and so I took a position that we cannot afford another split. We are trying to save the party from collapse so we are going to support Douglas Mwonzora. As far as I know everyone supports Mwonzora,” said Mr Komichi.
Meanwhile, Dr Khupe yesterday posted on her Twitter handle that she had tested positive for Covid-19 and gone into self-quarantine.
1. They spent years & acres of space in state media lampooning Morgan Tsvangirai. But in death, they eulogise him. It is not because they have discovered respect for the man, no. They do it to use him as a source of legitimacy by way of heirship to their preferred “successor”.
2. They abused Tsvangirai while he lived. They still abuse him after his death. They think if they can attach their horse to Tsvangirai he will earn legitimacy in the eyes of the MDC community. The aim is not to praise Mwonzora but to undermine their true & feared rival Chamisa.
3. The irony is that they applaud Mwonzora for the so-called notion of “responsible opposition” while at the same time naming him the true successor to Tsvangirai as if they ever recognised Tsvangirai as “responsible opposition”. In fact, they called him a puppet & beat him up.
4. For someone trying so hard to uplift their chosen horse & to pretend the MDC Alliance is irrelevant, Charamba spends far too much time throwing jabs at Chamisa & the MDC Alliance. MDC people can tell who is the successor to Tsvangirai by the amount of abuse from ZANU PF people.
5. The MDC community knows that the Mnangagwa regime wants to build an opposition party that it can control. The MDC Alliance refused to be that kind of party. The regime found a willing horse in the MDC-T & they have been at it all year expelling MPs & grabbing party funds.
6. Charamba says he sees more high level defections. Of course some elected representatives will out of self-interest try to protect their small perks. But they will be signing their political death warrants in the eyes of the voters. They will never be trusted again.
7. The regime might give their preferred horse everything else but what it cannot deliver are the people to support them. This group damaged itself when it went on a rampage expelling elected representatives instead of showing forbearance. They lost the respect of the electorate.
8. But behind that velvet glove of apparent praise for Mwonzora, Charamba was wielding an iron fist. The instruction is simple: Join POLAD, like Khupe did before you or you will be behaving irresponsibly. Mwonzora is going to have to join the band of enablers. It’s co-optation.
9. For ZANU PF there’s only ever one true adversary and that is the MDC Alliance led by Chamisa. It is the only one that poses a threat to its power. ZANU PF is not a party that treats rivals with kindness & respect as ZAPU, ZUM and the MDC led by Tsvangirai can testify.
10. For the MDCT, it must pray the suspension of by-elections stays on a little longer to keep the facade. Because it is on the electoral field where the lads will eventually be separated from the men. They will be punished severely by voters for political treachery & betrayal.
11. The warm embrace by ZANU PF is a kiss of death. People are accustomed to ZANU PF’s rough tactics against the opposition. When they see a wolf giving comfort to a lamb, they become suspicious. They start to think that there’s something sinister behind the lamb’s skin.
Here is Joe Biden in the late 70s, an all weather Revolutionary, who helped Zimbabwean blacks attain independence, assisted South African blacks to shake off apartheid, and in 2001 personally sponsored the ZIDERA Act so to stop this criminal @edmnangagwa. https://t.co/xKA7eea9Ydpic.twitter.com/wnB8Qwgvan
South Africa’s biggest football clubs Kaizer Chiefs and Mamelodi Sundowns are believed to be in a race for the signature of hotshot Zimbabwe warriors striker Prince Dube.
Dube who moved to Tanzanian premier league from Highlanders early this year is one of the brightest prospects from the current warriors squad and has netted on all his debut matches.
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.
