Denied entry into South Africa for not wearing a mask | YOUR REACTIONS TO THIS pic.twitter.com/LWv3mooMFI

— ZimEye (@ZimEye) January 1, 2021

By Luke Tamborinyoka | Arsenal’s emphatic win over Chelsea at the Emirates stadium on Boxing day lifted my spirits in a tenuous and gloomy year in which the despondent people of this country were boxed down mainly by the twin evils of a global pandemic and an inept regime with a penchant for repression and violence.

The year 2020 was just an unforgettable year that has etched its own unique space in the history of humankind, particularly for the weatherbeaten people of this our beloved country.

For lovers of the world’s most beautiful game, records were either made or broken in this tumultuous year. Liverpool’s 7-0 trouncing of Crystal Palace at Selhurst Park was the first time the Reds have won an away match in the English top flight by a margin of seven goals in their illustrious history. This year will also go down in history as the year in which football talisman Lionel Messi, who is having a bad season by his own lofty standards, scored his 643rd goal for Barcelona to equal football legend Pele’s record of goals for a single club which the Brazilian star achieved at Santos.

Otherwise for most Zimbabweans, the year 2020, which ended only a few hours ago, will go down in history as a year to forget. Given our collective nightmarish experience as a nation in 2020, it was shocking last night to watch and hear Mr Mnangagwa in his televised address telling Zimbabweans the country had just had a successful and a productive year.

The man must certainly be living in a different world. And he most certainly must have lived a different year from the one lived by all of us.

It was a wicked year in which the Covid-19 pandemic swept across the world, leaving in its wake almost two million graves and more battered and bereaved souls. This is not to mention dislocated livelihoods and locked down means of survival.

By last night, Zimbabwe had officially lost 360 innocent souls to the pandemic, with the actual figure presumed to be far much higher. Israel Murefu, the president of the Employers Confederation of Zimbabwe (EMCOZ), says more than 30 percent of formal jobs were lost in the Covid-19-induced lockdown.

The pandemic-induced lockdowns in this eventful year managed to lock down livelihoods, particularly in highly informalised economies such as ours, where most transactional activities now take place by the roadside and on the street pavements where teeming vendors have resorted to eking a living through the rigour of honest, hard work.

2020 was a bad year in which wicked governments such as the regime in Harare took advantage of the lockdowns to display their callousness. Soldiers were wheeled out of the barracks purportedly to enforce the Covid-19 lockdown when the actual intention was to suppress citizen rights, particularly the rights related to free movement, expression and political choice.

No one was spared in the 2020 clampdown as evidenced by the spate of State-sponsored abductions, murders, arbitrary arrests and the gross interference in the work and mandates of independent institutions.

Journalists, judges, MPs, lawyers, the church, political and civic activists all had a torrid time under the Mnangagwa regime in 2020. For the first time in the history of this country, a global campaign dubbed # ZimbabweanLivesMatter became a strident and sonorous chorus across mother Earth as the world stood in solidarity with the repressed people of Zimbabwe.

In 2020, we had SADC, the AU, the UN, the church mainly through the Catholic bishops as well as the Zimbabwe Human Rights Commission all condemning the State-instigated gross human rights violations in Zimbabwe. The regime responded by stating that all these esteemed institutions had been captured by the British.

Perhaps the stand-out insidious event of 2020 was what became known as the infamous Covid-19 Supreme Court judgement. The judgment inadvertently transferred the July 2018 electoral votes from a political party called the MDC Alliance to a regime surrogate called MDC-T or MDC-Thoko, which name has now further morphed to MDC-Togaraseyi (Mwonzora).

The highly political judgement was a deliberate ploy by the regime to decimate the MDC Alliance by stripping the party of its human and material assets. The 2018 vote was reversed, the MDC Alliance party headquarters was grabbed and handed to the regime’s stooges while the people’s MPs and councillors were recalled by a party they had defeated.

But despite the vicious body blows, the people’s party and its leader Nelson Chamisa remain standing to this day only because they are the true repository of the people’s hopes and aspirations.

The interference with autonomous and independent institutions has intensified under the Mnangagwa regime. We even had judges writing a letter complaining about the gross interference in their work. What stood out in this blight of interference in the work of independent institutions was when we had the Minister of Health suspending elections in the country, in the process brazenly usurping the powers of the Zimbabwe Electoral Commission.

But while by-elections and other gatherings to entrench democracy were banned, purportedly for fear of spreading the Covid-19, Zanu PF’s DCC elections and Mnangagwa’s rallies were allowed to proceed. Even the circus of an extraordinary Congress by the regime’s surrogates has just been allowed to take place.

Covid-19 the pandemic brought about Covidgate, the corruption angle to the pandemic, most of it linked to the well-heeled elite. Mnangagwa’s blood relatives and those around him were caught up in the corruption scandals. Stephen Tserayi, Henrietta Rushwaya, Obediah Moyo and many others were fingered in shady deals, some of them linked to the First family.

The year 2020 was the year in which the regime practically demonstrated its despicable position on women. Barely four days after Mothers’ Day, the day in which the world celebrates the chastity of women and mothers, the Mnangagwa regime brutally assaulted, abused and abducted MDC Alliance activists Cecilia Chimbiri, Netsai Marova and Joannah Mamombe, an elected MP. The world was appalled.

The year 2020 was the year in which the military over-reach stretched to the broadcasting sector, further raising the tempo in the call for security sector reforms. The Broadcasting Authority of Zimbabwe in November awarded six television licences, two of them to media houses with links to the military. The two television licences, among the six, were given to Rusununguko Holdings and Fairtalk Communications, both with links to the military. Armed with the experience of Sibusiso Moyo, who became a temporary news anchor at ZBC in the early hours of 15 November 2017 during the coup, the military probably presumed itself ready to run its own television stations.

The dignity of civil servants, particularly those in the health and education sectors, hit new lows in the year 2020. Teachers, nurses and doctors are on the frontline in the wake of the Covid-19 pandemic but this inept government has dismally failed to provide them with both a living wage and the requisite PPEs.

It has been quite a tenuous year in which we in the democratic movement have lost comrades and and senior party members, among them Hon. Miriam Mushayi, a member of the National Standing Committee. Our President, Advocate Nelson Chamisa also lost his mother in this difficult year.

Our mayors, councillors and party leaders across the country have been brutalised and victimised. The mayor for Harare, Clr Jacob Mafume, is currently in prison on trumped-up charges.

It has just been a tenuous year in many respects. Ginimbi and Gringo are gone, taken away from us by the grim spectre of death.

We are ending a brutal year with the smell of death and destruction yet again in the air. After cyclone Idai, which killed people and destroyed livelihoods, cyclone Chalane has bared her deadly fangs once again. There is just no respite for the wretched and despondent people of this land.

And yet there lies a lot of hope ahead: a new year, a new paradigm and new settings. We have for long played and transacted our politics in predictable fora. Perhaps in this new year, it’s time to change turf. We must now act the action. All bark and no bite serves not much purpose.

Perhaps this is the year to show our teeth.

For now, it ain’t no goodbye to the year 2020. It’s a badbye to a bad year!

Luke Tamborinyoka is the Deputy Secretary__for Presidential Affairs in the MDC Alliance led by Advocate Nelson Chamisa . He is a multiple award-winning journalist who was once elected and served as the secretary-general of the Zimbabwe Union of Journalists . Tamborinyoka also served as spokesperson for almost 10 years to the country’s democracy icon , Morgan Tsvangirai , until the latter’s death in 2018 . He has just graduated with a Master of Science degree in International Relations at the University of Zimbabwe . He is an ardent political scientist who won the Book Prize for Best Student when he graduated with a Bachelor of Science Honours degree in Political Science at the University of Zimbabwe . You can interact with him on Facebook or on the twitter handle @ luke_tambo .

By Dr Masimba Mavaza | Zimbabwe woke up today to a showering of Grief over the death of cde Masimba Tawengwa.

Cde Obert Mpofu texted to say “
“We are devastated. We are still under observation after a serious covid attack on us too. I have no words an I can only ask God to comfort you and comfort the Tawengwa family.”

Cde Belinda penned this heart wrenching message to cde Nickie Mangwana.
“Let me start my year by saying THANK YOU to you instead.

Thank you for allowing me to have a friendship with this Beautiful soul.
You’ll never know how close me and Masimba became in this journey.
We never skipped a week without talking and for hours.

He had so much stuff planned for his branch and his personal life.

I always felt he had a huge task to fulfil by filling up your shoes.

You were somewhat a hero, leader to him. Sometimes I’d listen to him express how neglected he felt since you got promoted.
I’d quickly rush to blot out those thoughts of self pity coz you know how much he got used to you Hand holding him.
He was our Big baby.

I watched him grow out of that too. He got his footing right day by day. Slowly he could spell out his own vision for UK branch. I think you can safely testify, he was coming right.
Nick, you didn’t just have a friend in Masimba, he was your brother. He held the fort for you with the family too in your absence. Your wife must be torn. He was a source of comfort I know. Ever reliable, faithful, loyal, God fearing.
Along the way, I got impressed by one thing more than others, Masimba loved God. We actually would pray a bit during our conversations, we had a lot coming for us a some point but God saw I threw.
Life is too short. I wish we just took that drive to Mazowe that moment instead of plan.
I recall something in me saying, “Call Nick now”. I’m glad I listened. I know Masimba didn’t hold grudges so I’m confident that very day he literally buried the hatchet. He was a bit sulky that you hadn’t made time for him but Ill tell you after you drove off, it was his ‘Happy new year’!
Typing through a river of tears. It’s the pureness if his heart that I’m mourning. Very few people of his kind in this life, especially in our party.
You have lost, I have lost. I’m sorry I can’t comfort you as I would be expected. I’m the one whose tough on the outside type.
I hope you get closure along the way. I’ll need all your prayers. I’m carry a lot of his stuff on me Andrew literally even.
I’ll be looking out to hear from you.
Take care of yourself ❤️”
Cde Nick Mangwana said “ We can never know why God allowed this to happen but the same God has His way to comfort all. MHDSRIP”
Many ZANU PF members in UK have expressed their condolences the grief is so thick that you can touch it.
Rest in power our comrade.

[email protected]

By Nyahunda Struggle Desire

Many a times a generation in waiting for years wandering in the wilderness , losing the Pillar of cloud around the Plains of Marah, disappearance of the Pillar of Fire in the midway, Israelites were made to wait for years waiting for the return of the cloud and fire to guide them. However, was it necessary for them to wait when the espionage was done and when the great men amongst them had the directions to the promised Land? What was it that made them to wait for the reappearance of the two, for them to resume with their journey.

Many a times many schools of thought proffered their analysis on the state of affairs in MDCT with a closer reference to EOC, which I think I need to also add my voice in as much as I am concerned. What worries the most is how some bogus analysts try to juxtapose mere crap happening in the defunct entity which is only existing in the minds of few political orphans.

The basis of this analysis which I will restrict due to time constraints is centered around claims of CONSTITUTIONALISM, PRINCIPLE and UPRIGHTNESS.

PROGNOSIS

1. Whether the disciples of MDCT are CONSTITUTIONALISTS are mere chancers and LUCKSTERS
2. Whether PRINCIPLE was the guiding indicator or a mask facade of benevolence
3. Whether in it’s UPRIGHTNESS the EOC was conducted in accordance with POLITICAL PRAXIS 101 or a mere gathering of a BABOON KINGDOM (CONGRESS)
4. Did thy enforce the SC judgement as outlined by the courts of the law or they just conducted a gathering to hoodwink their handlers under the guise of EOC?

FUNDAMENTAL INDICATORS

1. When Adv Tendai Biti , Adv Muchadehama, Adv Falcrum, Adv Magaisa all concurred that the SC judgement was unenforceable and MOOT, many armchair critics came out guns blazing attacking them as biased towards their political inclinations. It is now for all to see when MDCT agrees that it did not get the quorum because some members of 2014 structures either died, left the party, resigned, or retired. What does this mean to the enforceability of a judgement which is difficult to be implemented by it’s convenors?
2. The Judgement was refferred to be as MOOT on the basis that Khupe had formed her political party ahead of 2018 plebiscite, Mwonzora , Komichi, Mudzuri were in another political entity which metamorphosised into a political party post 2018 according to the article 8.1.2 of the COMPOSITE POLITICAL AGREEMENT (CPA) which gave greenlight to MDC ALLIANCE politics principals to transform the PACT into a political Party after the Elections which was done in May 2019 in Gweru. This simply means , for Khupe or Komichi or Mudzuri or Mwonzora to agree on the terms of SC was not based on PRINCIPLE, rather sour grapes reigned supreme on two basis, viz:

(a). Khupe had lost dismally the 2018 plebscite at hands of Chamisa Nelson and was waiting for any moment to wage a revenge on Chamisa

(b). Mwonzora, Komichi, Mudzuri failed to make it at the Gweru convergence and braced the judgement on the basis of sour grapes and not PRINCIPLE

WHAT UNITED THEM WAS A VINDICTIVE AGENDA, RETRIBUTIVE IN NATURE DRIVEN BY A DISGRUNTLED CABAL EAGER TO SELL THEIR SOULS ONLY FOR EXPEDIENCY REASONS

3. The CONSTITUTIONALISTS forgot they did not convene a fully constituted National Council meeting, a fully constituted National Executive and a fully constituted Standing Committee because they had no numbers, thanks to Covid 19 which they blamed for their failure to conduct structural meetings and all decisions were ratified on WhatsApp
4. Engineer MUDZURI who now says MDCT is dead and we are to blame was present on the WhatsApp meeting of May 2020 which ratified and resolved to expell President Chamisa because he was their number one threat! Was due process followed when Chamisa was expelled from the party purportedly by members of the First Estate who were taking orders from the Jongwe House?
5. Mass recall of Mps, Senators and councillors followed without due process. Decisions were ratified in mere WhatsApp platform by a mere cabal of the Inner circle which had sold it’s soul to Lucipher at the tune of few sheckles and denaries! When all this was done, non amongst them questioned the logic whether was this being done to protect the movement or orders were coming from a higher office for implementation by pawns in the political Chess game? This is TERMITICIDE which the QUARTET must swallow with seeking public sympathy
6. The Expulsion of the Organising Secretary Hon Bhebhe just because he had massacred the Regime Enabler in her backyard during Bulawayo nominations was another case of assassination of PRINCIPLE at the Alter Of Machiavellianism. The proponents of CONSTITUTION as they claimed can not sit to expell someone just because he defeated the preferred candidates, it is for all to see and judge post EOC
7. The shambolic voters roll overseen by a Secretary General after expulsion of the custodian of party structures , Hon Bhebhe revealed that the said CONSTITUTION which the members of the First Estate were claiming to be following was a guise of a fading and pale shadow of democracy which was frogmarched at the ALTER OF POLITICAL EXPEDIENCY, the results were there for all to see , Vincent Tsvangirai who was a boy in his wet dreams in 2014 voted at the just ended EOC, a mere 1000 delagates attended the Kangaroo Praise and Worship Gathering in the name of Congress at HICC amid ban of political gatherings for MDC ALLIANCE out of 4500 expected delegates! What a shameful compromise which exposed the junta footprints in all the unfolding events which I feel has left scars enough to annihilate the movement that was born to complete the unfinished business of the Liberation Struggle and explore a new economic conundrum and turn around suffocated by a corterie and myriad of scandals that rocked the pseudo liberation movement time immemorial.
8. A CONSTITUTIONALIST who appointed an Independent Electoral Management Board to oversee the Congress bussiness can not stoop so low during business of the Congress to attempt to call off a said CONGRESS after sensing defeat! This reminds me of Ayago in Orthello, one Shakespearean books exposing her as a twin sister of the devil, swallowing the Cyanide is the only option for Madam Khupe on the Highway to Justice
9. For Mwonzora again to claim he can not be suspended by another candidate when he also suspended Hon Bhebhe , another candidate is ASSASSINATION OF PRINCIPLE ON THE ALTER OF MACHIAVELLIANISM. He must again swallow his poison.

LIKELY EVENTS

1. Court litigation by losers of the bogus gathering seeking nullification of the Congress
2. The court dismiss their application on the basis of technicalities and merits
3. Mwonzora continues to reach out to his Zanu Lite members to come back and move on. At this stage Khupe will be deserted by the PRAISESINGERS around her if she doesn’t make a quick political master stroke
4. Zanu stronger faction will try to unite the warrying members of the First Estate to make sure they continue to wage vicious attacks on MDC ALLIANCE leader Chamisa Nelson and members as their common enemy is Chamisa and noone else
5. Further recalls of the remnants of MDC ALLIANCE aligned members, even some who were double dipping for betraying Queen Mother at the Congress. THE AXE IS LOOMING

Above all the question remains whether the SC judgement followers who claimsed to be CONSTITUTIONALISTS were really CONSTITUTIONALISTS or MERE LUCKSTERS AT A DIPLOMATIC MARKET BATTERING HAPPINESS OF MILLIONS OF PEOPLE IN A SCENTED SMILE(Sir Harold Nicholson)

(Nyahunda SD is Social and Political analyst, Peace and Development Practitioner. MDC ALLIANCE MASVINGO YTH ASSEMBLY DIRECTOR OF ELECTIONS, Dip In Theology, Dip In Cr, BA HDS, Bsc HPCG, MADVS student. [email protected]
)

2021 Here We come!

2021 must bring a new Zimbabwe- look at the present Zimbabwe, A spate of abductions, arbitrary arrests , massive human rights abuses , a generation scorned bullied and brutalized for demanding what is right. A youth robbed of a future, Women and girls abused and raped. This is not the Zimbabwe we want. A system that allows this is not a system that no one should put up with . Its a system that needs to be destroyed, it needs to be swept off the face of the earth. And it can be! … By a revolution- no doubt!

2021 must be the year of action and the year we reclaim our diginity and save our very existence. Zanu Pf will not stop it must be stopped lest we all perish. Nothing short of an uprising will save us .

2021 must be a year of ACTION! Action is not an impossible dream. An uprising is not unrealistic either. A call for change cannot be deemed a crazy or dangerous idea. Neither should it be regarded illegal. What is crazy and dangerous is tolerating the way things are or expecting things to change under the same system. Nothing will change with Zanu pf- We need an uprising!

2021 must bring a paradigm shift. We need new strategies, new way of doing things , new way of confronting a dangerous and ruthless regime. We can’t keep doing the same things we used to do. May 2021 give us more wisdom, inspiration and appetite to free ourselves. We need an uprising!

My fellow Zimbabweans I wish you all a better 2021 . We have a every reason to be thankful-We are still here. I want to believe we are still here for a reason. Let’s finish this struggle! We can do this , yes we can!

Tawanda D Svosve
North America Provincial Chairperson

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.

[email protected]

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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.

[email protected]

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.

FreeSheila

FreeJacob

FreeTunga

FreeLast

FreeAllan

ZanupfMustGo

FreeAllPoliticalPrisoners

DiasporaVote

ComprehensiveReforms

Mdc Alliance Namibia
Rundu Branch Spokesperson
Robson Ruhanya

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/xKA7eea9Yd pic.twitter.com/wnB8Qwgvan

— Simba Chikanza (@schikanza) November 8, 2020

Reading this article, is @ProfMadhuku hiding a bomb from @nelsonchamisa ?
https://t.co/GoxGVpy2oB

— ZimEye (@ZimEye) December 31, 2020

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 |

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.

1. 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.
2. 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.
3. 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 

1. not in the record of High Court
   1. 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

1. 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.
   1. 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.
   1. 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.
   1. 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.
   1. 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 “this matter” particularise the matter and its interests, where as the appeal relates to interests of any other people.

1. 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.
2. 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.

1. 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. 
2. 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.
3. 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 corrective measure 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  1^st 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.

1. 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?

1. Because Tsvangirai Alliance Agreement in 2017 as president of MDC T.
2. Because Mwonzora want to claim the role principal of MDC T in order to claim right over MDC A.
3. 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.

If I am wrong do advise me. 

Reading this article, is @ProfMadhuku hiding a bomb from @nelsonchamisa ?
https://t.co/GoxGVpy2oB

— ZimEye (@ZimEye) December 31, 2020

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 |

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.

1. 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.
2. 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.
3. 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 

1. not in the record of High Court
   1. 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

1. 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.
   1. 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.
   1. 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.
   1. 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.
   1. 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 “this matter” particularise the matter and its interests, where as the appeal relates to interests of any other people.

1. 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.
2. 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.

1. 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. 
2. 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.
3. 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 corrective measure 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  1^st 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.

1. 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?

1. Because Tsvangirai Alliance Agreement in 2017 as president of MDC T.
2. Because Mwonzora want to claim the role principal of MDC T in order to claim right over MDC A.
3. 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.

If I am wrong do advise me. 

Sanctions are good for Zimbabwe they help remove Mnanctions that have gotten 30,000 people killed (1983-2020) | DISAGREE/AGREE? pic.twitter.com/hgawWXxRiO

— ZimEye (@ZimEye) December 31, 2020

WHAT MNANGAGWA WILL DO TO DOUGY WHEN MWONZORA FAILS TO REMOVE SANCTIONS AGAINST ED?

— ZimEye (@ZimEye) December 31, 2020

Mwonzora Announces His Personal MDC Outfit Will "Urgently" Remove Sanctions Against Mnangagwa https://t.co/6YncTdOSbs pic.twitter.com/TRc0NyYyVf

— ZimEye (@ZimEye) December 31, 2020

WHAT MNANGAGWA WILL DO TO DOUGY WHEN MWONZORA FAILS TO REMOVE SANCTIONS AGAINST ED?

— ZimEye (@ZimEye) December 31, 2020

Mwonzora Announces His Personal MDC Outfit Will "Urgently" Remove Sanctions Against Mnangagwa https://t.co/6YncTdOSbs pic.twitter.com/TRc0NyYyVf

— ZimEye (@ZimEye) December 31, 2020