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Driver: Confucius Institute

<p>Citizens’ Coalition for Change (CCC) leader Nelson Chamisa has expressed confidence that he will win next year’s presidential election and has urged President Emmerson Mnangagwa to prepare for his retirement.</p>
<p>Chamisa said God had endorsed him as Zimbabwe’s next president adding that Mnangagwa and his deputy, Vice President Constantino Chiwenga should start preparing for retirement. Said Chamisa:</p>
<blockquote>
<p>I am going to lead, no doubt about that. I feel it, the heavens have endorsed me. Even endorsed me (sic).</p>
<p>Even my brother Mnangagwa is feeling the heat. We are not going to let go of our victory this time.</p>
<p>My brother Mnangagwa will be on pension in Kwekwe, while we will be leading this country to glory.</p>
<p>Even (Vice-President) Constantino Chiwenga, will be in his rural home of Wedza enjoying pension benefits. An old man cannot till the land, while a young man is there.</p>
</blockquote>
<p>The CCC Change Champion in Chief made the remarks while addressing scores of mourners at the burial of the late constitutional law expert and academic Alex Tawanda Magaisa in Mangisi Village, Chikomba District in Wedza, Mashonaland East Province on Tuesday, 28 June.</p>
<p>Meanwhile, ZANU PF director for information Tafadzwa Mugwadi said Chamisa is hallucinating, adding: “The boy is over-excited for nothing.”</p>
<h4>More: <a href="https://www.newsday.co.zw/2022/06/prepare-to-retire-chamisa-tells-ed/">NewsDay</a></h4>


Pindula News

Chamisa Tells ED To Start Preparing For Retirement

<p>The body of the late academic Alex Magaisa will arrive in Zimbabwe on Saturday 25 June for burial next week.</p>
<p>Magaisa succumbed to a chronic heart ailment on 5 June at the Queen Elizabeth Hospital in Kent, England.</p>
<p>Family spokesperson Esteri Magaisa on Thursday said the date for the burial of the constitutional law expert will be announced in due course. She said:</p>
<blockquote>
<p>His body will arrive on Saturday (tomorrow) around 2:30 pm and his body will go to the Nyaradzo funeral parlour.</p>
<p>Then on Sunday, we will have a memorial church service for his friends, family and the Big Saturday Read fans at East End Hall at the Showgrounds, Harare. This has been cleared by the police.</p>
<p>With regards to burial, we still want time with him as a family. As you can see, his body will arrive on a weekend and we don’t know the procedures.</p>
<p>We are still grieving and need time with him. In addition, we need to process a burial order first. So with regards to the burial date that will be announced later.</p>
</blockquote>
<h4>More: <a href="https://www.newsday.co.zw/2022/06/magaisas-body-arrives-tomorrow/">NewsDay</a></h4>


Magaisa's Body Arrives In Zimbabwe On 25 June

<p>The Zimbabwe Republic Police (ZRP) has declined to grant a request by Heal Zimbabwe to hold a candlelight commemoration of the late academic, Alex Tawanda Magaisa, in the Harare Gardens on 11 June.</p>
<p>In a letter dated 9 June 2022, the Officer Commanding Harare Central District Superintendent G Moyo advised Heal Zimbabwe that he would not sanction the event saying the organisers did not comply with provisions of the Maintenance of Peace and Order. Wrote Superintendent Moyo:</p>
<blockquote>
<p>Your notification letter dated 9 June 2022 to hold a candle lighting commemoration of Dr Alex Magaisa on the 11th of June 2022 at Harare Gardens from 1200 hours to 1500 hours has been noted.</p>
<p>I am not in a position to sanction the gathering. You did not comply with Section 7 (1) (a) of the Maintenance of Peace and Order Chapter 11:23.</p>
</blockquote>
<p>Magaisa died on Sunday at Margate Hospital in the United Kingdom after suffering a cardiac arrest.</p>
<p>The former advisor to late former Prime Minister Morgan Tsvangirai worked at the University of Warwick, the University of Nottingham and since 2007, he was based at Kent Law School, the University of Kent at the time of his death on 5 June 2022.</p>
<p>His main area of teaching and research was company and financial services law.</p>
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>


Police Refuse To Sanction Alex Magaisa Candlelight Commemoration

<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;"><strong><a href="https://www.pindula.co.zw/Alex_Magaisa">Alex Tawanda Magaisa</a></strong>, a Zimbabwean-born University of Kent law lecturer died on Sunday in the United Kingdom where he was based. According to journalist <strong><a href="https://www.pindula.co.zw/Hopewell_Chin%27ono">Hopewell Chin’ono</a></strong>, Magaisa suffered a cardiac arrest at Margate Hospital at 10 am. Pindula News presents five things you probably didn’t know about WaMagaisa:</span></p>
<blockquote>
<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;">1). Magaisa worked at the University of Warwick, the University of Nottingham and was based at Kent Law School, the University of Kent at the time of his death on 5 June 2022. His main area of teaching and research was company and financial services law.</span></p>
<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;">2). Magaisa was Chief of Staff in the office of a late former Prime Minister of Zimbabwe, <a href="https://www.pindula.co.zw/Morgan_Tsvangirai" title="Morgan Tsvangirai">Morgan Tsvangirai</a> in the period to the July 2013 parliamentary and presidential election in Zimbabwe. <sup class="reference" id="cite_ref-1"></sup></span></p>
<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;">3). He was the technical adviser to the <a class="new" href="https://www.pindula.co.zw/index.php?title=Constitution_Parliamentary_Select_Committee&amp;action=edit&amp;redlink=1" title="Constitution Parliamentary Select Committee (page does not exist)">Constitution Parliamentary Select Committee</a> (COPAC), the organ that wrote the new Constitution of Zimbabwe in the period of the March 2013 constitutional referendum.</span></p>
<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;">4). Magaisa also worked in financial services regulation, having spent three years at the Jersey Financial Services Commission (JFSC), the financial services regulator in Jersey, the international financial centre based in the Channel Islands.</span></p>
<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;">5). Magaisa was born on 9 August 1975 in the then <a class="new" href="https://www.pindula.co.zw/index.php?title=Charter_District&amp;action=edit&amp;redlink=1" title="Charter District (page does not exist)">Charter District</a>, <a href="https://www.pindula.co.zw/Rhodesia" title="Rhodesia">Rhodesia</a> (now <a class="new" href="https://www.pindula.co.zw/index.php?title=Chikomba_District&amp;action=edit&amp;redlink=1" title="Chikomba District (page does not exist)">Chikomba District</a>, <a href="https://www.pindula.co.zw/Zimbabwe" title="Zimbabwe">Zimbabwe</a>. He grew up in both rural and urban Zimbabwe.</span></p>
</blockquote>
<h2><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;">More: <a class="external text" href="https://zero.pindula.co.zw/download/" rel="nofollow">Pindula News </a>is best enjoyed via <a class="external text" href="https://zero.pindula.co.zw/download/" rel="nofollow">the App. Download it here</a></span></h2>


Five Things You Probably Didn't Know About Alex Tawanda Magaisa

<h2>Full statement by Citizens Coalition for Change (CCC) Spokesperson Fadzayi Mahere on the death of UK-based Zimbabwean academic Alex Tawanda Magaisa.</h2>
<blockquote>
<p>Today, Zimbabwe received the tragic news of the untimely passing of academic, lawyer and champion of democracy – Dr Alex Tawanda Magaisa.</p>
<p>We are informed that he passed away around 10 AM this morning following a cardiac arrest.</p>
<p>Magaisa was a patriot who contributed to the betterment of Zimbabwe in a number of spheres.</p>
<p>He was born on the 9th of December 1975. He read law at the University of Zimbabwe and at the University of Warwick.</p>
<p>He participated in Zimbabwe’s constitution-making process as a key advisor to COPAC, the parliamentary committee that wrote Zimbabwe’s 2013 Constitution.</p>
<p>He also served as an advisor to the former Prime Minister of Zimbabwe, Dr Morgan Tsvangirai between 2012 and 2013.</p>
<p>He taught law at the University of Kent in the United Kingdom and was a prominent constitutional expert.</p>
<p>Magaisa was a towering figure in the Citizen Movement. He exhibited thought leadership and endlessly gave of his intellect, ideas and insight to the struggle for democracy.</p>
<p>He firmly believed in the philosophy of placing citizens at the centre of all matters of governance.</p>
<p>He loved Zimbabwe and always spoke fondly of his communal lands in Njanja, Chivhu.</p>
<p>Most citizens will remember Magaisa for his widely-acclaimed blog, The Big Saturday Read which offered in-depth analyses of law and politics in Zimbabwe.</p>
<p>Magaisa was unafraid to speak truth to power and to offer constructive criticism to friends and foes alike.</p>
<p>He had a remarkable capacity to deconstruct complex principles and ideas into bite-size treatises that gripped the attention of citizens of all walks of life.</p>
<p>True to his commitment to enhancing a culture of respect for the rule of law and constitutionalism, he wrote a handbook on citizens’ fundamental rights and freedoms under the Zimbabwean Constitution.</p>
<p>A dark cloud has fallen over the nation. The citizens have been robbed of a voice, a heart and a beautiful mind.</p>
<p>Magaisa leaves a rich legacy and an indelible mark on the struggle for democracy and good governance in Zimbabwe.</p>
<p>We are grateful for his industry in sharing his bold ideas for a better Zimbabwe and we pay homage to him for seamlessly adhering to principle – even when it was inconvenient or unpopular. It is going to be impossible to fill the void left by him.</p>
<p>As a tribute to his legacy, we undertake to champion the values he stood for and to ensure that his dream for a prosperous Zimbabwe where the dignity of all people is respected comes to fruition.</p>
<p>We extend our deepest sympathy to his wife, Shamiso, his family, siblings and loved ones.</p>
<p>Rest in peace, Musaigwa.</p>
</blockquote>
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>


"A Dark Cloud Has Fallen Over The Nation", CCC Pays Tribute To Magaisa

<p>Legal experts say President Emmerson Mnangagwa’s ban on bank lending has no legal force.</p>
<p>On Saturday, Mnangagwa banned banks from lending to both corporates and individuals as one of the measures meant to stabilise the local currency, the Zimbabwe dollar/RTGS dollar.</p>
<p>On Monday, the Reserve Bank of Zimbabwe (RBZ) ordered banks to take heed of Mnangagwa’s announcement and threatened to take action against non-compliant banks.</p>
<p>United Kingdom-based lawyer Alex Magaisa said Mnangagwa’s decree has no legal foundation and there is no law compelling banks to comply with such measures. Wrote Magaisa:</p>
<blockquote>
<p>This is a shameful document by Zimbabwe’s central bank. Since it knows the decree has no legal foundation it distances itself by calling it a ‘Presidential Announcement’. </p>
<p>There is no legal instrument under Zimbabwe’s laws called a ‘Presidential Announcement’.</p>
<p>He could have used the Presidential Powers (Temporary Measures) Act even if that would still be controversial. But no, he couldn’t be bothered.</p>
<p>And here the central bank colludes in the lawbreaking by purporting to enforce the illegal decree. But the pliant banks will oblige.</p>
</blockquote>
<p>Lawyer Obey Shava concurred with Magaisa, saying there is no law giving effect to the President’s announcement. Added Shava:</p>
<blockquote>
<p>Banks are not legally obliged to act upon this RBZ directive.</p>
</blockquote>
<p>CCC spokesperson and lawyer, Fadzayi Mahere warned that if banks fail to challenge the directive, it will be the end of banking law as we know it. Mahere said:</p>
<blockquote>
<p>This decree is unconstitutional in its substance and ultra vires the law.</p>
<p>You can’t undo the entire law of banking, violate the constitutional right to trade and freedom of commerce — and do so by memo!</p>
<p>If banks don’t challenge this, it will be the end of banking law as we know it.</p>
</blockquote>
<p>However, in an interview with <em>NewsDay</em>, corporate lawyer Rodgers Matsikidze said the RBZ directive remains binding on banks unless they challenge it in the courts. Said Matsikidze:</p>
<blockquote>
<p>Basically, what the President did was pronounce policies.</p>
<p>The relevant procedure was that the relevant minister should have drafted the legal principles of the policies and submitted them to the Attorney-General.</p>
<p>The President could have used the Presidential Powers Act to enact a law on economic policies.</p>
<p>In the meantime, RBZ has proceeded to issue a statement on the announced measures and unless that is set aside by a court of law, it remains binding.</p>
<p>RBZ is a regulator, so unless its directive is challenged in a court of law.</p>
</blockquote>
<h4>More: <a href="https://www.newsday.co.zw/2022/05/ban-on-bank-lending-null-and-void/">NewsDay</a></h4>


Ban On Bank Lending Has No Legal Force - Experts

<p>Alpha Media Holdings chairman and former member of the Presidential Advisory Council (PAC), Trevor Ncube says CCC president Nelson Chamisa has no capacity to lead Zimbabwe out of its current economic challenges.</p>
<p>In his article published by <em>NewsDay</em> on 12 April 2022, Ncube said Chamisa has good oratory skills at political rallies but doesn’t have what it takes to make tough decisions to navigate the country out of the economic quagmire. Wrote Ncube:</p>
<blockquote>
<p>The Nelson Chamisa-led Citizens Coalition for Change (CCC) claims to have the answers to all that afflicts Zimbabwe.</p>
<p>As things stand, I am far from persuaded that Chamisa has what it takes to dig the country out of the ZANU PF-created morass.</p>
<p>I, too, sense the palpable excitement for the possibility of something new and the desperate desire for change after 42 years of authoritarian rule that has blighted the country’s fortunes.</p>
<p>Oratory is the skill required at rallies while governing requires a different skillset and the courage to make decisions to administer tough love to the adoring masses.</p>
<p>There is no doubt that Zimbabwe is ripe for change. Unless we are clear about the change we want, then anything that looks like a change will suffice. Have we waited this long to shortchange ourselves?</p>
<p>The country has been ready and on the cusp of change for a while now. Brute force, intimidation and daylight electoral robbery have subjugated the majority to the whims of narrow and selfish political, military and economic interests.</p>
<p>To many Zimbabweans, particularly the youth, Chamisa holds the key to the escape door out of years of the ZANU PF dictatorship.</p>
<p>He has captured the mood and his speeches at rallies, while underwhelming on substance, have connected with many, especially the young.</p>
<p>There is a personality cult that says he can do or say no wrong. Any criticism is seen as sacrilege at worst and a reckless attempt to derail the people’s hopes and march towards the new.</p>
<p>Criticising Chamisa or pointing to his shortcomings is often equated to supporting ZANU PF.</p>
</blockquote>
<p>Responding to Ncube, Alex Magaisa, a former advisor to the late former Prime Minister Morgan Tsvangirai, questioned his political judgement, saying his previous political projects failed. <a href="https://twitter.com/Wamagaisa/status/1513804312878723072"><span style="text-decoration: underline;"><strong>Wrote Magaisa on Twitter:</strong></span></a></p>
<blockquote>
<p>@TrevorNcube I’ve read your piece &amp; there are loose ends that need clarity. You say you supported Mssrs Makoni &amp; Moyo in their political projects.</p>
<p>It’s common cause that 1. both failed &amp; 2. you abandoned them. Could you elaborate on why they failed despite the merits you saw?</p>
<p>Secondly, you pledge a holy petition that Chamisa “attracts men &amp; women who are far better than him to add content, vision and strategy to his ambitions”, an indirect claim that he has none. Is that how lowly you regard accomplished peers like Welshman Ncube &amp; Tendai Biti?</p>
<p>Who might these men and women be that you have in mind so that we can also assess their qualities and your judgment?</p>
<p>When you joined PAC were you satisfied that Mnangagwa had men and women of the calibre that you suggest? If so who were they and why did they fail?</p>
<p>You have joined Mssrs [Simba] Makoni, [Nkosana] Moyo and Mnangagwa in their political projects and it’s been a hat-trick of failures, walking out on all 3.</p>
<p>On that record, do you think you’ve just been unlucky to be on the wrong side of chance or does it say something about your political judgment?</p>
</blockquote>
<p>In 2018, Ncube tweeted that President Emmerson Mnangagwa had made an offer to Chamisa that he said the opposition leader couldn’t reject.</p>
<p>He, however, didn’t disclose the nature of the offer or whether it was indeed made to Chamisa or not.</p>
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>


Chamisa Doesn't Have What It Takes To Lead Zimbabwe, Says Trevor Ncube

<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">Alex Tawanda Magaisa, a Law lecturer at Kent University in the United Kingdom has dissuaded the opposition from considering boycotting the 26 March by-elections saying the citizenry has a message to deliver.</span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">The by-elections are meant to fill 133 vacant local government and parliamentary seats most of which were left vacant when opposition MDC-T led by Douglas Mwonzora recalled members of rival MDC Alliance accusing them of ceasing to be members of the MDC-T.</span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">Some members of the MDC Alliance are suggesting that the party could boycott the by-elections if the requisite electoral reforms have not been implemented. </span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">The implementation of electoral reforms has been a topical issue across the political divide with the MDC-T having approached President Emmerson Mnangagwa to propose that the elections be postponed to allow for reforms to take place first.</span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">Meanwhile, Magaisa who is a former Chief of Staff in the office of a former Prime Minister of Zimbabwe, the late Morgan Tsvangirai, believes elections must proceed. He said:</span></p>
<blockquote>
<p><span style="font-family: 'comic sans ms', sans-serif;">Any thought of boycotting by-elections would be a gross misreading of the political mood in the country. These particular by-elections mean a great deal to citizens whose representatives were unjustly removed by individuals wearing stolen robes. They have a statement to deliver.</span></p>
</blockquote>
<p><span style="font-size: 14pt; font-family: 'times new roman', times, serif;">Some political analysts say the by-elections will work as a gauge for the country’s preparedness to hold the 2023 harmonised elections.</span></p>
<p><span style="font-size: 14pt; font-family: 'times new roman', times, serif;">Some, however, say it will be unfair for those who would have been elected in March to serve up to 2023 instead of a five-year term.</span></p>
<h2><span style="font-family: 'times new roman', times, serif;">More: <a href="https://news.pindula.co.zw/">Pindula News</a></span></h2>


Citizens Have A Message To Deliver In The March By-Elections - Magaisa

<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;"><strong><a href="https://www.pindula.co.zw/Alex_Magaisa">Alex Tawanda Magaisa</a></strong>, a former Chief of staff in the office of a late former Prime Minister of Zimbabwe, <strong><a href="https://www.pindula.co.zw/Morgan_Tsvangirai">Morgan Tsvangirai</a></strong> has said “the politically homeless must not overestimate their worth,” remarks that have been viewed as directed at former Minister Jonathan Moyo.</span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">Magaisa, a Law lecturer at Kent University in the United Kingdom, makes the remarks at the backdrop of verbal warfare with Moyo who is currently in exile after the latter <strong><a href="https://news.pindula.co.zw/2021/12/20/g40-kingpins-gang-up-on-magaisa-after-stinging-bsr/">suggested how MDC should use the money</a></strong> donated <strong><a href="https://news.pindula.co.zw/2021/12/10/update-on-chamisas-new-car-donations-surpass-target-of-us120k/">to buy an armoured vehicle for Nelson Chamisa.</a></strong></span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">In a series of messages posted on Twitter, Magaisa rebuked those defending “the politically homeless”  urging them to “stop it.” </span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">Moyo is allegedly a member of the defunct G40, a ZANU PF faction that fought with Lacoste that was aligned to then Vice President Emmerson Mnangagwa. </span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">The members of the G40 faction were scattered in 2017 following the ouster in 2017 of the late founding leader of Zimbabwe, the late Robert Mugabe. Some are now in exile. Pindula News Presents Magaisa’s messages:</span></p>
<blockquote>
<p><span style="font-family: 'comic sans ms', sans-serif;">We have always stood by the movement. From 1999 we don’t have to tag leaders for approval. We don’t owe them anything &amp; we don’t require their approval. If they lose track we will tell them in a convivial way. We have never hurt them &amp; they know they are dispensable.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">The party is the people. That’s why Nelson succeeded Morgan &amp; people approved of him despite the challenges. Those who want to come in &amp; hang on to the leadership are gravely mistaken if they think they can mock the people just because they can blackmail the leadership.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">The politically homeless must not overestimate their worth. They must be humble &amp; appreciate the hurt they caused. The system is what it is because of their actions. The human factor. Haikonai kutiudzira zvekuita. You think elite pacts will buy tickets to glory. They won’t.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">And you comrades who never stood up to condemn lies, only to stand up to defend known tormentors, please stop it. We work hard to support the cause. They lie &amp; malign &amp; you pretend you don’t see it. Whatever kompromat they have against you, ignore. It doesn’t matter.</span></p>
</blockquote>
<p><span style="font-size: 14pt; font-family: 'times new roman', times, serif;">In one of his previous Big Saturday Read (BSR) Magaisa <strong><a href="https://news.pindula.co.zw/2021/03/07/mohadi-affairs-opposition-zanu-pf-must-be-worried-magaisa/">defined Kompromat as blackmailing</a></strong> opponents by threatening to or actually exposing private lives they would not have otherwise wished to be in the public domain.</span></p>
<p><span style="font-size: 14pt; font-family: 'times new roman', times, serif;">The United Kingdom-based law expert said this is done for bargaining in business and political deals.</span></p>
<h2><span style="font-family: 'times new roman', times, serif;">More: <a href="https://news.pindula.co.zw/">Pindula News</a></span></h2>


The Politically Homeless Mustn't Overestimate Their Worth - Magaisa

<p>University of Kent law lecturer Alex Magaisa said that exiled former ZANU PF officials, the so-called G40 kingpins, have not changed and will still abuse power if given another chance.</p>
<p>Posting on the microblogging site, Twitter, Magaisa said the likes of Patrick Zhuwao and Jonathan Moyo are still as vile as they were during the Robert Mugabe era and behave as if they have title deeds to name-calling.</p>
<p>Magaisa was responding to Zhuwao, a nephew to the late former president Robert Mugabe, who had suggested that his latest BSR was a personal attack on Jonathan Moyo and other former G4O kingpins. Below is Magaisa’s post in its entirety:</p>
<blockquote>
<p>[Patrick Zhuwao] you say I want to silence you and your friend, Prof Jonathan Moyo. I have no such power.</p>
<p>You silenced yourselves by the egregious abuse of power during your time in govt.</p>
<p>You lost the moral authority to speak on issues that you now claim to be champions of.</p>
<p>Check your friend’s record when he was Information Minister and how many journalists, media houses and citizens he mocked and silenced when he had the power to promote freedom.</p>
<p>Daily News press bombing, Capital Radio, ZBC journalists, foreign journalists like Andrew Meldrum.</p>
<p>You behaved like demigods as if power would not end. And I haven’t even mentioned the abuse of Morgan Tsvangirai, the name-calling and the disgusting, cruel and hurtful words when Itai Dzamara was abducted and caused to disappear in 2015 when you were all in government.</p>
<p>And even now, you both behave like you have title deeds to name-calling. I wanted to show that you have not changed, notwithstanding the pontification over the last 4 years of exile.</p>
<p>You’re still the same vile characters who revel in using uncouth language towards others.</p>
<p>You clearly haven’t come to terms with losing power. And your conduct in recent days confirms what I (and probably others) always suspected: that if given another chance in or near power you will be just as vile and dangerous as you were during the Mugabe regime.</p>
<p>The axe might forget, but the tree never does. It’s tough and traumatic to be in exile; to be unable to return home because <em>kwakaberekera ngwena</em>.</p>
<p>Humility is an underrated but beautiful thing. Respect the people that suffered abuse. Deal with the reality of the post-power phase.</p>
</blockquote>
<p>Meanwhile, Zhuwao did not take Magaisa’s criticism lying down but sarcastically referred to the academic as “Mighty Professor Magaisa”. Said Zhuwao:</p>
<blockquote>
<p>I don’t claim to be a champion of anything oh Mighty Professor [Alex Magaisa]. I only urged my colleagues to not give up politics because the ranks of the opposition are bereft of politically astute characters.</p>
</blockquote>
<h4><strong>More: <a href="https://news.pindula.co.zw/">Pindula News</a></strong></h4>


Magaisa Responds To Mugabe's Nephew, Says "You Have Not Changed"

<p><span style="font-family: times new roman, times, serif; font-size: 14pt;">Alex Tawanda Magaisa, a Law lecturer in the United Kingdom has said the 2018 election dispute between MDC Alliance’s Gift Konjana and ZANU PF’s Dexter Nduna shows the shortcomings of the Zimbabwe Electoral Commission (ZEC). Nduna lost the Chegutu West Parliamentary election to Konjana but ZEC announced him the winner. Nduna’s victory was challenged and ZEC admitted to making an error, but, Nduna is still the MP and is set to finish the term. Pindula News presents <strong><a href="https://tweetdeck.twitter.com/#">Magaisa’s submission</a></strong> on the matter.</span></p>
<blockquote>
<p><span style="font-size: 12pt; font-family: comic sans ms, sans-serif;">Konjana v Nduna: defiling the will of the people</span></p>
<p><span style="font-size: 12pt; font-family: comic sans ms, sans-serif;">1. This is the affidavit of Godfrey Maisiri, @ZECzim’s District Elections Officer for Chegutu. He explains how Dexter Nduna benefited from an “error” in the collation of results at the constituency office when votes for Gift Konjana were exchanged with another candidate’s votes.</span></p>
<p><span style="font-size: 12pt; font-family: comic sans ms, sans-serif;">2. Konjana’s 121 votes at Proposed Primary School polling station were given to Simon Kache who had received just one vote. This “error” led to Konjana losing to Nduna. Despite this admission under oath, @ZECzim failed to correct the “error”.</span></p>
<p><span style="font-size: 12pt; font-family: comic sans ms, sans-serif;">3. Despite this glaring irregularity, ZEC failed and/or neglected to correct it. It was left to the winner to go through the legal jungle to fix it. Incredibly, despite the plain injustice, the judicial process has failed to give effect to the will of the people.</span></p>
<p><span style="font-size: 12pt; font-family: comic sans ms, sans-serif;">4. I have seen some people say Konjana deserves it because he later deserted the MDC Alliance for Mwonzora’s outfit. This is short-sighted. The case demonstrates the shortcomings of our institutions: ZEC, the judiciary &amp; the Electoral Law. It’s not just Konjana’s problem.</span></p>
<p><span style="font-size: 12pt; font-family: comic sans ms, sans-serif;">5. The precedent set is dangerous: it means ZEC can make an error, declare a winner, admit to the error &amp; sit back while the winner is thrown from pillar to post in the judicial process.That’s why anyone with an interest in democracy &amp; elections should be concerned.</span></p>
<p><span style="font-size: 12pt; font-family: comic sans ms, sans-serif;">6. The bizarreness of this case is truly staggering and hard to fathom. It sounds like a work of fiction. But hey, this is Zimbabwe, where losers win elections and judges say it’s absolutely fine, we can’t be bothered. I understand why some feel utterly despondent about the elections process.</span></p>
<p><span style="font-size: 12pt; font-family: comic sans ms, sans-serif;">What’s the point, they ask, when the loser is declared the winner of an election and the entire system, including the courts, does nothing to fix it?</span></p>
<p><span style="font-size: 12pt; font-family: comic sans ms, sans-serif;">I do not believe that ZEC is fit for purpose. In other countries, heads would have rolled after such a calamity. The court itself does not even take a moment to rebuke ZEC for its failings and the negative effect it has on the integrity of elections.</span></p>
<p><span style="font-size: 12pt; font-family: comic sans ms, sans-serif;">WaMagaisa</span></p>
<p><img alt="" class="i09qtzwb n7fi1qx3 datstx6m pmk7jnqg j9ispegn kr520xx4 k4urcfbm" decoding="async" src="https://scontent.fhre2-2.fna.fbcdn.net/v/t1.6435-9/p480x480/244664635_10161392024274942_5958087644669617919_n.jpg?_nc_cat=106&amp;ccb=1-5&amp;_nc_sid=8bfeb9&amp;_nc_ohc=_mD-id-iGdAAX85fDmD&amp;_nc_ht=scontent.fhre2-2.fna&amp;oh=c9106ceae61d980a89e30e9e15e6dee6&amp;oe=61835A3C"/><img alt="" class="i09qtzwb n7fi1qx3 datstx6m pmk7jnqg j9ispegn kr520xx4 k4urcfbm" decoding="async" src="https://scontent.fhre2-2.fna.fbcdn.net/v/t1.6435-9/p480x480/244652849_10161392024319942_3480286878401646645_n.jpg?_nc_cat=104&amp;ccb=1-5&amp;_nc_sid=8bfeb9&amp;_nc_ohc=67mWYIlHeM4AX-LyG1_&amp;_nc_ht=scontent.fhre2-2.fna&amp;oh=9d47d930fa931e90d0b33b4ae8a05d2c&amp;oe=6185E3AE"/><img alt="" class="i09qtzwb n7fi1qx3 datstx6m pmk7jnqg j9ispegn kr520xx4 k4urcfbm" decoding="async" src="https://scontent.fhre2-2.fna.fbcdn.net/v/t1.6435-9/p526x296/244669462_10161392024369942_4637523472010342444_n.jpg?_nc_cat=110&amp;ccb=1-5&amp;_nc_sid=8bfeb9&amp;_nc_ohc=H_UzFY04ejoAX-Wyj2w&amp;_nc_ht=scontent.fhre2-2.fna&amp;oh=b5632eb0850b491ab908ceef12c13532&amp;oe=61835E5C"/></p>
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<p><span style="font-size: 14pt; font-family: times new roman, times, serif;"><strong>More: <a href="https://news.pindula.co.zw">Pindula News</a></strong></span></p>


Konjana v Nduna: Defiling The Will Of The People - Magaisa

<p><span style="font-family: times new roman, times, serif; font-size: 14pt;">The Zimbabwe Electoral Commission (ZEC) has come under fire for claiming that the commission is neutral. </span></p>
<p><span style="font-family: times new roman, times, serif; font-size: 14pt;">Last week ZEC was also accused of being a ZANU PF tool to fight the opposition after the commission conducted stakeholders’ engagement meetings without inviting MDC Alliance led by Nelson Chamisa.</span></p>
<p><span style="font-family: times new roman, times, serif; font-size: 14pt;">Posting on Twitter Thursday morning, ZEC said it is neutral in applying the laws made by the legislature. Read the tweet:</span></p>
<blockquote>
<p><span style="font-family: comic sans ms, sans-serif;">The first hallmark of Justice is upholding the law. Whatever it is Agree with it/Disagree with it. ZEC will uphold the law until it is changed. Misinformation and disinformation is subversion of democracy. Laws are changed in Parliament not by an Electoral Management Body.</span></p>
<p><span style="font-family: comic sans ms, sans-serif;">ZEC is neutral in that it applies the law consistently.</span></p>
</blockquote>
<p><span style="font-family: times new roman, times, serif; font-size: 14pt;">In response, Alex Tawanda Magaisa, a law lecturer in the United Kingdom who is also a former Chief of Staff in the office of the late former Prime Minister of Zimbabwe, Morgan Tsvangirai, said:</span></p>
<blockquote>
<p><span style="font-family: comic sans ms, sans-serif; font-size: 12pt;">There’s no law that stops you from correcting your mistake. If anything you, as a reasonable referee, should have approached the court to fix your error. Now the people of Chegutu West have a loser for an MP courtesy of your “error” &amp; you claim to be “upholding the law”?</span></p>
<p><span style="font-family: comic sans ms, sans-serif; font-size: 12pt;">You should take responsibility instead of pontificating about “upholding the law”. What law says a loser will be an MP? You failed in your duty as an elections management body. Anywhere else heads would roll. But you’re @ZECzim and what do you care about standards?</span></p>
</blockquote>
<p><span style="font-family: times new roman, times, serif; font-size: 14pt;">MDC Alliance activist, Pedzisayi Ruhanya questioned the independence of the electoral body after announcing a losing ZANU PF candidate as the winner in the 2018 Parliamentary elections. He said:</span></p>
<blockquote>
<p><span style="font-family: comic sans ms, sans-serif;">Why did you announce Dexter Nduna of ZANU PF as MP for Chegutu West after he lost the election to MDC Alliance’s Gift Konjana; which law allows you to do that? Can you do or did you ever do that against a winning ZANU PF candidate. You are a disgraceful election management body.</span></p>
</blockquote>
<p><span style="font-size: 14pt; font-family: times new roman, times, serif;">This is happening when Zimbabwe is scheduled to have general elections in 2023.</span></p>
<p><span style="font-size: 14pt; font-family: times new roman, times, serif;">Stakeholders have been calling for the implementation of reforms to ensure a level playing field with Chamisa threatening to boycott the elections if ZEC is not reformed.</span></p>
<p><span style="font-size: 14pt; font-family: times new roman, times, serif;">More: <a href="https://news.pindula.co.zw">Pindula News</a></span></p>


ZEC Under Fire For "We're Neutral" Remarks

<p>United Kingdom-based Zimbabwean academic Alex Magaisa has criticised Harare Provincial Development Coordinator (PDC), Tafadzwa Muguti for purportedly exercising powers that he doesn’t possess.</p>
<p>This comes after Muguti Wednesday directed Non-governmental organisations (NGOs) and churches, among other organisations, to seek operational clearance through his office.</p>
<p>Commenting on Muguti’s directive, Magaisa, a law lecturer at the University of Kent, United Kingdom, said Muguti is now “intoxicated by a false sense of power”. Wrote Magaisa:</p>
<blockquote><p>This chap, one Tafadzwa Muguti* has a disproportionately elevated opinion of himself. If he’s not demolishing homes, he’s trying to control civil society organisations.</p>
<p>Conspicuously missing in this extravagant demand is the law under which he’s exercising his phantom power. He just refers to an MoU. An MoU is not a law.</p>
<p>It is trite that the conduct of governmental and administrative affairs must be based on the law.</p>
<p>Someone told him he is a Provincial Development Coordinator &amp; he sees himself as Harare’s Prime Minister.</p>
<p>He even has “Office of the Provincial Coordinator” on his letterhead! Intoxicated by a false sense of power, he just wakes up and decides that he’s going to do something, no legal basis for it, just his whim!</p>
<p>A decent bureaucrat would have said, “acting under X Act, I require the following information which is required in terms of the law”.</p>
<p>But Muguti cannot do that because his role is a fiction created by the regime. He’s just a ZANU PF impostor masquerading as a serious public officer. His demand in this poorly written letter cannot survive judicial review.</p>
<p>The first basic test of any administrative action is that it must be lawful. Section 68 of the Conis clear but he probably doesn’t even have a copy of the supreme law of the country. In other words, it must be based on existing law.</p>
<p>There’s no law that gives this chap the power that he’s flaunting. It’s called arbitrary rule. The chap is, quite clearly, a danger to society and to himself.</p>
<p>The trouble is that instead of getting together to resist this unlawful demand, some will quietly comply, giving him an unwarranted sense of self-importance.</p>
<p>That is the problem of habituating to authoritarian rule. People comply with unlawful demands in the name of survival.</p>
<p>The proper way is to challenge the unlawful exercise of this power through judicial review.</p>
<p>… For the avoidance of doubt to my fellow St Francis of Assisi alumni, this not our Tafadzwa Muguti. He is a decent man schooled by the Franciscans!</p></blockquote>


'Muguti Clearly A Danger To Society And To Himself'

<p>President Emmerson Mnangagwa erred in claiming that the late former Zambian president Kenneth Kaunda was the last surviving Elder Statesman in the SADC region, a prominent political commentator has noted.</p>
<p>In his statement on Friday announcing the government’s decision to declare three days of national mourning in honour of Kaunda, President Mnangagwa described the late statesman as “our Region’s last surviving Elder Statesman, leader of the Frontline States in the struggle against Colonialism”.</p>
<p>However, United Kingdom-based Zimbabwe law expert Dr Alex Magaisa pointed out that Mnangagwa’s assertion is a gross misrepresentation of facts as the leader of Namibia’s SWAPO party, Sam Nujoma is still alive. <a href="https://twitter.com/Wamagaisa/status/1406141032308391937" rel="noopener" target="_blank">Said Magaisa:</a></p>
<blockquote><p>Maybe they were just excitable but President @edmnangagwa killed and buried Sam Nujoma in that ahistorical statement.</p>
<p>This might be explained by incompetence and lack of probity. It might also be a deliberate distortion of history. Or just a lack of regard for Nujoma and SWAPO.</p></blockquote>
<p>Except for Nujoma, all regional leaders who led their countries to black majority rule are now late. Kaunda died on Thursday aged 97 while Zimbabwe’s Robert Mugabe passed away in 2019.</p>
<p><a href="https://news.pindula.co.zw/2021/06/18/ed-declares-3-days-of-national-mourning-in-honour-of-kenneth-kaunda/" rel="noopener" target="_blank"><strong>READ MORE: ED Declares 3 Days Of National Mourning In Honour Of Kenneth Kaunda</strong></a></p>
<p>Other departed regional Elder Statesmen are Kamuzu Banda (Malawi), Samora Machel (Mozambique), Julius Nyerere (Tanzania), Sir Seretse Khama (Botswana), Agostinho Neto (Angola), and Nelson Mandela (South Africa).</p>


Mnangagwa's 'Ahistorical' Statement Condemned

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<p class="js-tweet-text tweet-text txt-size-variable--18 margin-b--10 with-linebreaks padding-t--10" lang="en">Law expert, <a href="https://www.pindula.co.zw/Alex_Magaisa">Alex Tawanda Magaisa</a> has described the judgment in the case of New York Times journalist, Jeffrey Moyo as mutilation of the Constitution.</p>
<p lang="en">Moyo was arrested and detained for violating Section 36 of Zimbabwe’s <a aria-label="External link: Immigration Act" href="https://zimlii.org/zw/legislation/act/1979/18" rel="noopener" target="_blank">Immigration Act</a> by allegedly helping two <em>New York Times</em> journalists, Christina Goldbaum and Joao Silva, obtain false media accreditations<em>. </em></p>
<p lang="en">The two reporters have since been deported.</p>
<p></p>
<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/30/zmc-responds-to-deportation-of-new-york-times-reporters/">ZMC Responds To Deportation Of New York Times Reporters</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/29/nick-mangwana-speaks-on-detained-new-york-times-journalist/">Nick Mangwana Speaks On Detained New York Times Journalist</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/27/canadian-ambassador-laments-continued-harassment-of-journalists/">Canadian Ambassador Laments Continued Harassment Of Journalists</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/20/police-block-chinonos-lawyers-from-addressing-journalists/">Police Block Chin’ono’s Lawyers From Addressing Journalists</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/update-on-journalists-arrested-over-mliswa-exs-story/">UPDATE On Journalists Arrested Over Mliswa &amp; Ex’s Story</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/06/09/new-york-times-journalist-a-threat-to-national-security-court/">New York Times Journalist “A Threat To National Security” – Court</a></li>
</ul>
<p lang="en">Speaking on the judgment delivered by Senior Magistrate Mukanga at Bulawayo, Magaisa said:</p>
<blockquote>
<p class="js-tweet-text tweet-text with-linebreaks" lang="en">I have been reading the judgment by Senior Magistrate R. Mukanga at Bulawayo in the matter involving New York Times journalist Jeffrey Moyo. I’m horrified by the mutilation of the Constitution. Let me explain the horror show step by step.</p>
<p class="js-tweet-text tweet-text with-linebreaks" lang="en">Moyo argued for release because he was detained for more than 48 hours before he was brought to court. Section 50(3) states that if this happens the person “must be released immediately” unless a competent court has earlier extended it. There was no such earlier extension.</p>
<p class="js-tweet-text tweet-text with-linebreaks" lang="en">The Magistrate accepted that Moyo was over-detained. The state did not dispute it. But, incredibly, the Magistrate had a strange interpretation of section 50(3). He said it does not entitle an over-detained person to immediate release, the opposite of what the provision says.</p>
<p class="js-tweet-text tweet-text with-linebreaks" lang="en">Section 50(3) is mandatory: the person “must be released immediately”. For some strange reason Magistrate Mukanga thought the over-detained person has no right to be released because he has another remedy, which is compensation. This is not just absurd but illegal.</p>
<p class="js-tweet-text tweet-text with-linebreaks" lang="en">It’s hard to imagine that these absurd interpretations are down to incompetence alone. There’s a whiff of malice in the misreading &amp; misapplication of the law. It’s unreasonable &amp; in bad faith, which is why such judicial officers must be sued in their personal capacity.</p>
<p class="js-tweet-text tweet-text with-linebreaks" lang="en">Once a magistrate finds that an arrested person has been over-detained &amp; there’s been no lawful earlier extension, the only thing to do is to order their release. There are no ifs or buts. To allow what the magistrate says simply gives police the licence to over-detain people.</p>
<p class="js-tweet-text tweet-text with-linebreaks" lang="en">This miscarriage of justice is the reason why Last Maingehama &amp; Tunga Madzokere spent a decade in jail: incompetent &amp; malicious police &amp; judicial officers mutilating the law. That’s why the <a class="link-complex" data-user-name="clczimbabwe" href="https://twitter.com/clczimbabwe/" rel="noopener user" target="_blank">@<span class="link-complex-target">clczimbabwe</span></a> wants to embark on constitutional education even among judicial officers.</p>
</blockquote>
<p><strong>More: <a href="https://news.pindula.co.zw">Pindula News</a></strong></p>
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Mutilation Of Constitution: Magaisa On Detention Of New York Times Journalist

<p>A ZANU PF activist’s<a href="https://news.pindula.co.zw/2021/06/06/zanu-pf-activist-in-bid-to-rescue-malaba/" rel="noopener" target="_blank"><strong> bid to have former Chief Justice Luke Malaba’s term of office extended</strong></a> beyond the retirement age has been described as a classic example of a tortoise on a lamppost.</p>
<p>The activist, Marx Mupungu, on Friday filed a Constitutional Court (ConCourt) application seeking to nullify a judgement that ended Malaba’s term as chief justice.</p>
<p>University of Kent Law lecturer Alex Magaisa argued that Mupungu is being used by the system as a tactic to pretend that judges of the ConCourt are uninvolved and therefore can sit in judgment of the matter. Magaisa posted on Twitter:</p>
<blockquote><p>I read the application by one Marx Mupungu who says he wants the ConCourt to “vary an order of constitutional invalidity”. In colloquial parlance, <em>atenga nyaya yaMalaba</em>. (He has bought Malaba’s case). But he is a classic tortoise on a lamppost. It did not get up there alone.</p>
<p>The tortoise on the lamppost’s stratagem is plain: pretend that judges of the ConCourt are uninvolved &amp; therefore can sit in judgment of the matter. But the reality is that the order that he wants varied binds those judges. The party guest cannot determine the guest list.</p>
<p>Those who put the tortoise on the lamppost know that all current judges of the ConCourt are conflicted. They cannot be players &amp; referees in the same match. They cannot even choose new referees because they have an interest. This gimmick is meant to cleanse them.</p>
<p>But it can’t. These judges cannot sit to vary an order that binds them as parties. That would be a gross violation of the Constitution that Mupungu purports to have motivated him to buy the case. It would be contrary to the right to a fair hearing.</p>
<p>The tortoise says it wants to bring the current confusion to finality in a swift &amp; cheap way. It has only succeeded in adding to the confusion. That the man is going to these lengths to save his job shows desperation. But each step he takes exposes him even more. Embarrassing.</p></blockquote>
<hr/>
<h4><strong>More: <a href="https://twitter.com/Wamagaisa/status/1401551453215506438?s=20" rel="noopener" target="_blank"><em>Alex Magaisa on Twitter</em></a></strong></h4>


'Classic Tortoise On A Lamppost', Magaisa On Mupungu ConCourt Application

<p>Law expert, Alex Tawanda Magaisa has said it is possible for two opposition MDC activists who were wrongfully jailed to receive compensation.</p>
<p>The activists, Tungamirai Madzokere and Last Maengahama who were arrested and jailed at Chikurubi Prison in 2016 for allegedly killing a police officer were found not guilty by the Supreme Court.</p>
<p>They had already served 8 years of their 20-year jail time when they were acquitted this week.</p>
<p></p>
<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/06/04/mdc-duo-found-not-guilty-after-serving-8-years-for-alleged-murder/">MDC Duo Found Not Guilty After Serving 8 Years For Alleged Murder</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/us75-million-for-brothers-wrongfully-arrested-and-convicted-of-rape-and-murder/">US$75 Million For Brothers Wrongfully Arrested And Convicted Of Rape And Murder</a></li>
<li class="entry-title"><strong><a href="https://news.pindula.co.zw/2021/05/05/cop-convicted-of-murdering-george-floyd-seeks-new-trial/">Cop Convicted Of Murdering George Floyd Seeks New Trial</a></strong></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/06/life-in-prison-for-american-students-convicted-of-murdering-italian-cop/"><strong>Life In Prison For American Students Convicted Of Murdering Italian cop</strong></a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/04/06/full-text-haruzivishe-to-appeal-against-whistleblowing-conviction-and-36-month-long-imprisonment/"><strong>FULL TEXT: Haruzivishe To Appeal Against “Whistleblowing” Conviction And 36 Month-Long Imprisonment</strong></a></li>
<li class="entry-title"><strong><a href="https://news.pindula.co.zw/2020/09/18/war-vets-sue-ed-over-3-5-billion-white-farmers-compensation-deal/">War Vets Sue ED Over $3.5 Billion White Farmers Compensation Deal</a></strong></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2020/09/17/court-orders-matanga-to-pay-56k-compensation-for-police-misdemeanors/"><strong>Court Orders Matanga To Pay $56k Compensation For Police Misdemeanors</strong></a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2019/12/03/jestina-mukoko-recalls-how-she-was-abducted-on-3-december-2008-then-tortured/">Jestina Mukoko Recalls How She Was Abducted On 3 December 2008, Then Tortured</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2020/10/30/kazembe-pays-police-assault-victim-to-avoid-imprisonment/">Kazembe Compensate Police Assault Victim To Avoid Imprisonment</a></li>
</ul>
<p>Speaking on the prospects of the wrongfully jailed MDC activist getting compensation, Magaisa who is a former Chief of Staff in the office of the late former Prime Minister, Morgan Tsvangirai said:</p>
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<p class="js-tweet-text tweet-text txt-size-variable--18 margin-b--10 with-linebreaks" lang="en"><em>_So many have asked whether Last Maingehama and Tungamirai Madzokere are entitled to compensation. The question sounds odd to legal ears because the answer is plain. But I understand why people are asking. At law, any person who suffers a wrong has the right to sue for damages._</em></p>
<p class="js-tweet-text tweet-text txt-size-variable--18 margin-b--10 with-linebreaks" lang="en"><em>_When <a href="https://www.pindula.co.zw/Jestina_Mukoko">Jestina Mukoko</a> was wrongfully abducted &amp; tortured in 2008, not only was her prosecution stopped by the court, she sued and won damages against the State. It took an inordinately long time to receive her compensation. But her case stands as a good &amp; recent precedent._</em></p>
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<p lang="en">A number of people have in the recent past approached the courts seeking compensation for wrongful arrests and detentions.</p>
<p lang="en">This year, Home Affairs minister, Kazembe Kazembe avoided spending 60 days in prison by paying ZW$199 500 <a href="https://news.pindula.co.zw/2020/10/30/kazembe-pays-police-assault-victim-to-avoid-imprisonment/">as compensation to a Gweru-based student</a> who was illegally arrested and brutally assaulted by police in 2018.</p>
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<p lang="en"><strong>More: <a href="https://news.pindula.co.zw">Pindula News</a></strong></p>
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Magaisa Discusses Prospects Of Compensation For Wrongfully Jailed MDC Duo

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<div class="css-901oao r-18jsvk2 r-1qd0xha r-1blvdjr r-16dba41 r-vrz42v r-bcqeeo r-bnwqim r-qvutc0" dir="auto" lang="en"><span class="css-901oao css-16my406 r-poiln3 r-bcqeeo r-qvutc0">Alex Magaisa, a law lecturer at Kent University in the United Kingdom, has said the actions of Chief Justice Luke Malaba show that he is unsure of the outcome of his contempt of court case.</span></div>
<div class="css-901oao r-18jsvk2 r-1qd0xha r-1blvdjr r-16dba41 r-vrz42v r-bcqeeo r-bnwqim r-qvutc0" dir="auto" lang="en"><span class="css-901oao css-16my406 r-poiln3 r-bcqeeo r-qvutc0"> </span></div>
<div class="css-901oao r-18jsvk2 r-1qd0xha r-1blvdjr r-16dba41 r-vrz42v r-bcqeeo r-bnwqim r-qvutc0" dir="auto" lang="en"><span class="css-901oao css-16my406 r-poiln3 r-bcqeeo r-qvutc0">Three High Court judges recently rejected President Emmerson Mnangagwa’s extension of Malaba’s term of office but the state appealed the ruling at the Supreme Court. The outcome is pending and Malaba has been reporting for work since the appeal.</span></div>
<div class="css-901oao r-18jsvk2 r-1qd0xha r-1blvdjr r-16dba41 r-vrz42v r-bcqeeo r-bnwqim r-qvutc0" dir="auto" lang="en"><span class="css-901oao css-16my406 r-poiln3 r-bcqeeo r-qvutc0"> </span></div>
<div class="css-901oao r-18jsvk2 r-1qd0xha r-1blvdjr r-16dba41 r-vrz42v r-bcqeeo r-bnwqim r-qvutc0" dir="auto" lang="en"><span class="css-901oao css-16my406 r-poiln3 r-bcqeeo r-qvutc0">Speaking on the development, Magaisa, a former Chief of Staff in the office of the late former Prime Minister, Morgan Tsvangirai said:</span></div>
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<div class="css-901oao r-18jsvk2 r-1qd0xha r-1blvdjr r-16dba41 r-vrz42v r-bcqeeo r-bnwqim r-qvutc0" dir="auto" lang="en"><em><span class="css-901oao css-16my406 r-poiln3 r-bcqeeo r-qvutc0">_Malaba was The case against former CJ Malaba for contempt is in court. He claims he’s lawfully in office. But he skipped the swearing in of ConCourt judges last week. Today he skipped the swearing in of Supreme Court judges. The man is unsure. You can’t have your cake &amp; eat it._</span></em></div>
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<div class="r-1adg3ll r-13qz1uu"><em>_Why would a man who is confident of the legality of his position act in ways that are inconsistent with his claims? If he were on sure legal footing he would be asserting his position &amp; claiming effective occupation. But no, he’s prevaricating. He knows he’s on slippery ground._</em></div>
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<div class="css-1dbjc4n"><em>_Even if he stays after all this the man and his reputation are damaged goods. His moral authority is eroded. He is supposed to be the person telling politicians to respect the law; judging their conduct. That his conduct is the subject of litigation is a huge embarrassment._</em></div>
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<div class="css-901oao r-1awozwy r-m0bqgq r-6koalj r-1qd0xha r-a023e6 r-16dba41 r-1h0z5md r-rjixqe r-bcqeeo r-o7ynqc r-clp7b1 r-3s2u2q r-qvutc0" dir="ltr">
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<div class="css-1dbjc4n r-1niwhzg r-sdzlij r-1p0dtai r-xoduu5 r-1d2f490 r-xf4iuw r-1ny4l3l r-u8s1d r-zchlnj r-ipm5af r-o7ynqc r-6416eg"><em>_Tomorrow a challenge over the appointment of Supreme Court judges is also being heard in court. But in another show of judicial contempt President Mnangagwa went ahead &amp; unilaterally appointed the judges knowing very well that there’s a legal challenge that he’s opposing._</em></div>
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<div class="css-1dbjc4n"><em><span class="css-901oao css-16my406 r-poiln3 r-bcqeeo r-qvutc0">_He could have waited for the conclusion of the legal challenge. After all, he is opposing it. But before the court even hears the matter, he just went ahead &amp; appointed anyway, with the pious <a class="css-4rbku5 css-18t94o4 css-901oao css-16my406 r-1n1174f r-1loqt21 r-poiln3 r-bcqeeo r-qvutc0" dir="ltr" href="https://twitter.com/JSCZim" role="link">@JSCZim</a> </span><span class="css-901oao css-16my406 r-poiln3 r-bcqeeo r-qvutc0">acquiescing as usual. No effort to advise against the odious conduct._</span></em></div>
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<div class="css-1dbjc4n"><em>_But the biggest Pandora’s box awaits after one judge recused himself from the contempt case citing the fact that the <a class="css-4rbku5 css-18t94o4 css-901oao css-16my406 r-1n1174f r-1loqt21 r-poiln3 r-bcqeeo r-qvutc0" dir="ltr" href="https://twitter.com/JSCZim" role="link">@JSCZim</a> Secretary had met with him. What might the Secretary, himself an active litigant in this mess, have been doing meeting a judge? Why? On whose behalf?_</em></div>
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<ul>
<li><a href="https://news.pindula.co.zw/2021/05/29/17-supreme-con-court-judges-appeal-high-court-ruling-on-malaba-case/">17 Supreme, Con-Court Judges Appeal High Court Ruling On Malaba Case</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/19/luke-malaba-case-government-appealed-to-wrong-court-magaisa/">Luke Malaba Case: Government Appealed To Wrong Court – Magaisa</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/ill-unleash-proof-ziyambi-on-judiciary-capture/"><b>“I’ll Unleash Proof,” – Ziyambi On Judiciary Capture</b></a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/justice-minister-ziyambi-facing-the-chop-report/"><b>Justice Minister Ziyambi Facing The Chop – Report</b></a></li>
<li><a href="https://news.pindula.co.zw/2021/05/16/well-oppose-any-appeal-against-malaba-ouster-lawyers/"><b>We’ll Oppose Any Appeal Against Malaba Ouster – Lawyers</b></a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/things-might-get-little-messy-if-malaba-appeals-magaisa/"><b>Things Might Get Little Messy If Malaba Appeals – Magaisa</b></a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/magaisa-says-mnangagwa-could-appoint-a-cj-worse-than-malaba/"><b>Magaisa Says Mnangagwa Could Appoint A CJ Worse Than Malaba</b></a></li>
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<div class="css-1dbjc4n">Some of Malaba’s colleagues in the legal fraternity have been urging the learned judge to voluntarily step down to preserve the dignity of the judiciary.</div>
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<div class="css-1dbjc4n">It seems Malaba is determined or is being compelled to continue fighting.</div>
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<div class="css-1dbjc4n">More: Pindula News</div>
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Malaba "Unsure" As He Skips Swearing In Of Judges - Magaisa

<p>The recently gazetted Statutory Instrument (SI) 127 of 2021 has been met with fierce criticism from various quarters as it has resulted in a sudden hike in USD prices of goods and services.</p>
<p>University of Kent law lecturer Alex Magaisa said the law will lead to the expansion of the foreign currency black market and push the country towards an economic crisis akin to what obtained in 2008. Magaisa posted on his Facebook page:</p>
<blockquote><p><strong>SI 127 of 2021: Rule by the hammer – it doesn’t work</strong></p>
<p>1. One general rule that I have learnt purely by experience as a Zimbabwean is that there is a positive correlation between more decrees to control the foreign currency (forex) market and the expansion of the parallel (black) market in forex, goods and services.</p>
<p>2. In other words, the more the government tries to command &amp; control the formal market by decree, the more the informal/parallel market grows. This is partly because economic actors seek to avoid the debilitating &amp; punitive impact of the formal market decrees. And when they do the parallel market expands.</p>
<p>3. It also grows because formal market controls create opportunities for arbitrage. This happens because the formal market, access of which is restricted to a few, offers cheap forex which can be sold at higher rates either directly on the forex parallel market or as goods for sale.</p>
<p>4. It’s usually the case that beneficiaries of these cheap schemes are PEPs (Politically Exposed Persons) or enablers to use the BSR nomenclature. They simply buy forex from the government &amp; sell it on the parallel market. It’s a trick that’s been used for decades. The Willowgate Scandal in 1988 was based on the same principles.</p>
<p>5. PEPs bought imported vehicles at cheap rates from a government company &amp; sold them on the parallel market for huge profits. It’s been happening at a great scale since 2000, leading to record hyperinflation in 2007-08. The government thinks more controls will solve it. This is wishful thinking.</p>
<p>6. If the government were a doctor, its diagnosis would be awfully bad. The issue lies in the old laws of supply &amp; demand. There’s more demand for forex which can’t be met by supply. If there were adequate forex supplies, there would be no need for these stringent decrees. We do earn forex but there’s too much corruption and leakages. Few individuals benefit but the economy and the general public suffer.</p>
<p>7. As long as the government allocates itself the role of supplying forex at artificially low rates, there’s always an opportunity for arbitrage because there’s someone out there who needs forex or goods &amp; is prepared to pay a higher rate for them. The government, therefore, is the supplier to the parallel market that it is purportedly trying to control.</p>
<p>8. Government is now trying to direct the market using SI 127 but as always happens, the market will devise ways to dodge these rules. The principal dodge agents are the PEPs. One prediction is that because SI 127 is a device for price controls, we will end up with a shortage of certain goods in formal shops, but an abundance of them on the street but sold at parallel market rates. Just go back to 2007/8 and remember what happened.</p>
<p>9. Those who can afford it will hoard goods at controlled rates and sell them on at parallel market rates on the street. The formal shops might even direct goods to the parallel market. “The street” is both literal &amp; metaphorical. Since the controlled rate is rigged, government has effectively imposed price controls. It never ends well. It always ends in tears.</p></blockquote>


New Rules On Pricing In Forex Will End In Tears - Analyst

<p>The Zimbabwe government made a mess of its appeal against a recent High Court ruling on former Chief Justice Luke Malaba’s case by lodging its papers at the Supreme Court instead of the Constitutional Court (ConCourt).</p>
<p>This was said by law expert and lecturer at Kent University, Alex Magaisa in an interview with <strong>NewsDay</strong> on Tuesday.</p>
<p>It comes after three High Court judges – Justices Happias Zhou, Jester Helena Charehwa and Edith Mushore, on Saturday ruled against the extension of the former Chief Justice’s term of office by five years.</p>
<p>Magaisa argued that the appeal should have been brought before the ConCourt rather than the Supreme Court. He said:</p>
<blockquote><p>We are talking of either two avenues, it could be an appeal, the legality of the legal process of having an appeal from a decision of the High Court would be that it doesn’t go to the Supreme Court and this in terms of the very reason which was made in 2020 by Justice Paddington Garwe and agreed to by fellow judges of the Supreme Court, that such an application goes direct to the ConCourt and this is in the case of Mfundo Mlilo versus the President of Zimbabwe.</p>
<p>So in my opinion and I think the opinion of most lawyers who appreciate the legalities of this, it’s a fact that the application in the Supreme Court is in the wrong forum and it has to go to the ConCourt.</p></blockquote>
<p>Magaisa further stated that even if the case was correctly in the ConCourt, that did not solve the problem because all the judges of the two courts were cited and were conflicted. He said:</p>
<blockquote><p>Even the point that the case has to go to the ConCourt for confirmation, even assuming that’s the correct position, still requires to be heard by a full bench of the ConCourt.</p>
<p>As I pointed out before, all those judges of the ConCourt are conflicted. This is the nub of the crisis that we face and I have explained that a constitutional crisis arises from many situations.</p>
<p>One of the situations is when the constitutional arrangements no longer have mechanisms to provide a resolution to a dispute.</p>
<p>One option is to find judges either retired judges or appoint judges of the High Court to sit on the panel, maybe even foreign judges to do so.</p>
<p>But again we have a problem because someone has to appoint them. Judges of the ConCourt or Supreme Court are not chosen by the President, I mean acting judges, such acting judges have to be appointed by the CJ and we don’t have a substantive CJ.</p>
<p>Even if we had the CJ himself or outgoing, he is conflicted because he is part to the action and has an interest in the matter.</p>
<p>The Deputy CJ who is acting CJ is also in a similar position and all those judges are in the same position. This is what I warned about a month ago that we now have a constitutional crisis.</p></blockquote>
<p>Magaisa opined that the issues which were being pointed out about the technicalities and procedures all led up to a <em>cul de sac</em> (dead end). He said:</p>
<blockquote><p>The question you should be asking me is: What happens since we now have a constitutional crisis? We have to seek a political solution.</p>
<p>In my opinion, this is where citizens meet together in a sober way to find a political solution to this crisis.</p></blockquote>
<p>Magaisa’s sentiments were echoed by professor of world politics at the School of Oriental and African Studies University of London, Stephen Chan who said the appeal should be heard in the ConCourt.</p>
<p>Meanwhile, Advocate Lewis Uriri said the High Court judgment had no effect until confirmed by the ConCourt. Said Uriri:</p>
<blockquote><p>Whether or not the judgment is purely declaratory is regardless. It has the effect that the conduct of the President in extending the CJ’s term is constitutionally invalid. It is this effect that has no force unless it is confirmed by the ConCourt.</p>
<p>An appeal by the respondents, while the route to take if they disagree with the judgment, is strictly not necessary. There have to be confirmation proceedings before the ConCourt.</p></blockquote>
<h4><strong>More: <a href="https://www.newsday.co.zw/2021/05/malaba-saga-govt-appeals-to-wrong-court/" rel="noopener" target="_blank">NewsDay</a></strong></h4>


Luke Malaba Case: Government Appealed To Wrong Court - Magaisa

<p class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-1jhrc">Law expert, Alex Tawanda Magaisa has said President Emmerson Mnangagwa could appoint someone worse than Mr Luke Malaba for the Chief Justice post.</p>
<p class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-1jhrc">The UK-based law lecturer was discussing possible ways through which Mnangagwa can appoint a replacement to Malaba who was ousted recently by the High Court.</p>
<p class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-1jhrc">Magaisa observes that the invalidation of the extension of former Chief Justice Malaba’s term means there is now a vacancy in the office of the Chief Justice.</p>
<p class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-1jhrc">He also observed that finding Malaba’s replacement was an urgent matter considering that the Constitutional Court has already operated for a year without substantive judges apart from the Chief Justice who is now no longer in office. He added:</p>
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<p class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-1jhrc">It is simply untenable that the superior court in the third arm of the state should remain constituted by acting judges.</p>
<p class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-1jhrc">But once you embark on appointing judges of the Constitutional Court and consequently the Supreme Court, you must deal with the urgent issue of the head of the judiciary. The Malaba chapter is over. There is no need to force it. The High Court judgment has dealt a heavy blow on his standing and reputation which will be hard to repair. He has lost moral authority among his peers and subordinates. One might say he is now a liability.</p>
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<div data-hook="rcv-block38">Magaisa also notes that Amendment No. 1 changed the procedure for appointing the Chief Justice, Deputy Chief Justice, and the Judge President so that <strong><span style="color: #0000ff;">they are now directly appointed by the President after consulting the Judicial Services Commission.</span></strong> He added:</div>
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<div data-hook="rcv-block38">The President can solicit the views of the JSC, but he has no obligation to follow those views, which is why Amendment No. 1 has been criticized for increasing the power and influence of the President in the composition of the judiciary’s leadership.</div>
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<div data-hook="rcv-block38">Before Amendment No. 1 all judges were appointed after a rigorous public interviewing process. This is how former Chief Justice Malaba came into the office 4 years ago. Amendment No. 2 built on the first amendment by giving more power to the President to directly appoint judges of the Supreme Court and the Constitutional Court from among the pool of serving judges without the need for public interviews. If this system is used, it means President Mnangagwa has a large discretion over whom he appoints. It cannot be the former Chief Justice Malaba because he is already 70 years old. <strong><span style="color: #0000ff;">But it could be someone worse</span></strong>. There is certainly no guarantee that President Mnangagwa will appoint someone better than former Chief Justice Malaba. If that happens, it will have been a case of one step forward and three steps backward. Nevertheless, there is a problem with both amendments which means they are ripe for legal challenges.</div>
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<div data-hook="rcv-block40">He also indicated that Amendment No. 1 had already been passed by the 8th Parliament and signed into law by then-President Robert Mugabe in 2017.</div>
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<div data-hook="rcv-block40">It was successfully challenged at the Constitutional Court because it violated the special procedure for amending the constitution and had lapsed in 2018 when the 8th Parliament was dissolved by operation of law.</div>
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<div data-hook="rcv-block40">As a result, the 9th Parliament which was elected in 2018 had no authority to pass a non-existent constitutional bill. Parliament had no duty to carry out an unconstitutional order and this is one of the grounds upon which Amendment No. 1 is being challenged. He further explains:</div>
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<div class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-8clpb">This means if the President appoints a Chief Justice under Amendment No. 1, which might later be declared invalid, that appointment will also be invalid. This is where the issue of Acting Chief Justice Gwaunza comes in. She was appointed the Deputy Chief Justice in 2017, after Amendment No. 1 was passed, and before it was declared invalid by the Constitutional Court.</div>
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<div class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-8clpb">Magaisa concludes that if Amendment No. 1 is declared illegal for violating section 147 of the constitution, <strong><span style="color: #0000ff;">this will render Justice Gwaunza’s appointment illegal once again.</span></strong></div>
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<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/17/things-might-get-little-messy-if-malaba-appeals-magaisa/"><b>Things Might Get Little Messy If Malaba Appeals – Magaisa</b></a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/malaba-case-important-for-democracy-magaisa/"><b>Malaba Case Important For Democracy – Magaisa</b></a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/well-oppose-any-appeal-against-malaba-ouster-lawyers/"><b>We’ll Oppose Any Appeal Against Malaba Ouster – Lawyers</b></a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/zanu-pf-official-criticises-ziyambi-for-attacking-judiciary-over-malaba-ouster/"><b>ZANU PF Official Criticises Ziyambi For Attacking Judiciary Over Malaba Ouster</b></a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/minister-ziyambi-attacks-judiciary-over-malaba-ouster/"><b>Minister Ziyambi Attacks Judiciary Over Malaba Ouster</b></a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/judges-threaten-to-resign-over-malaba-reinstatement/"><b>Judges Threaten To Resign Over Malaba Reinstatement</b></a></li>
</ul>
<div class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-8clpb"><b>More: <a href="https://news.pindula.co.zw/">Pindula News</a>; <a href="https://www.bigsr.co.uk/single-post/bsr-special-explaining-the-historic-high-court-judgment">Alex Magaisa BSR</a></b></div>

Magaisa Says Mnangagwa Could Appoint A CJ Worse Than Malaba

<p>Former advisor to the late former Prime Minister Morgan Tsvangirai, Alex Magaisa says the appointment of Obert Gutu to the National Peace and Reconciliation Commission (NPRC) shows President Emmerson Mnangagwa’s true colours.</p>
<p><a href="https://zero.pindula.co.zw/ed-appoints-obert-gutu-to-the-national-peace-reconciliation-commission/" rel="noopener" target="_blank">Mnangagwa named Gutu, a former MDC spokesperson who recently defected to the ruling ZANU PF party, among the six new NPRC commissioners.</a></p>
<p>Magaisa, who is a law lecturer at the University of Kent, United Kingdom, said Mnangagwa showed his arrogance, indifference and malevolence in appointing Gutu to the Commission. Wrote Magaisa on Twitter:</p>
<blockquote><p>Appointing Obert Gutu who has made it his business to spew vitriol on anyone challenging ZANU PF as a commissioner of a body meant to promote peace and reconciliation is Mnangagwa at his most natural: no pretence, arrogant, indifferent, malevolent, just raw and unadulterated power.</p>
<p>It’s not just a reward for joining ZANU PF – no person in recent history has sung for his supper like Obert Gutu. It’s also a big middle finger to the idea of peace and reconciliation. How does a man who gets so excited at taunting the opposition promote peace and reconciliation?</p>
<p>The NPRC was already a huge disappointment. The appointment of Gutu is Mnangagwa’s way of saying he doesn’t take the idea of peace and reconciliation seriously. It’s just a charade. If he cared he would show more respect to survivors of Gukurahundi and political violence than this.</p>
<p>It’s like appointing a hyena to be in charge of a body to promote peace and reconciliation between hyenas and goats. But I wonder how long-serving ZANU PF cadres are taking it: new recruits being rewarded with cushy seats on the gravy train while they wallow in cattle class?</p></blockquote>
<p><strong>More: <a href="https://twitter.com/Wamagaisa/status/1390929449181450244" rel="noopener" target="_blank"><em>Alex Magaisa on Twitter</em></a></strong></p>


'Mnangagwa's NRPC Appointments Show Him At His Most Natural'

<p><em><strong>Full Twitter thread by University of Kent Law lecturer Dr Alex Magaisa on the clash of Zimbabwe’s older and younger generations.</strong></em></p>
<p><strong>Clash of generations:</strong> there’s a generation that remembers a Zimbabwe of high standards; a country that worked &amp; had promise. There’s a generation of young adults with no such memory. Their universe was shaped by falling standards; a Zimbabwe that doesn’t work; without promise.</p>
<p>One generation remembers a Zimbabwe where buses had a timetable &amp; ran on time; cities where running water &amp; electricity were the norm; a Zimbabwe where the milkman left milk bottles at the gate &amp; the postman delivered letters in the box &amp; the Zimbabwe Dollar was proper money.</p>
<p>For the other generation, queuing for water at the borehole is normal. For the bucket generation, the bathtub &amp; shower are exceptions. Mushikashika. Kungwavhangwavha. Potholed roads. Dark streets. It’s the norm. It came into a world without things that others take for granted.</p>
<p>One generation is motivated by the aspiration to at least go back to how things were, for things worked. The other has no such motivation because it doesn’t know any better. It doesn’t have that memory. The only life it has known is a life of low standards; things don’t work.</p>
<p>In the past, they learned to write application letters &amp; CVs. They aspired to work as their parents. Today, it seems pointless because even their parents have no jobs. From school, they find refuge on street corners &amp; in intoxicating substances; excited by little things.</p>
<p>Is it any surprise then that there’s a preoccupation with frivolity &amp; an apparent lack of care for public affairs? One generation measures its world by the memory of what it knows is possible. The memory of the other is a world shaped by hyperinflation &amp; useless “billions”.</p>
<p>The challenge of declining standards of the last 20 years, in particular, is not just in physical infrastructure – bad roads, poor schools &amp; hospitals, etc. It is also in the mindset, individual &amp; collective; the mental universe. There’s a huge battle to repair &amp; reform that.</p>
<p>It is not unusual for people to get comfortable in conditions of want; to adjust &amp; accept it as fateful. Some might even doubt liberation from their tormentors; to say it’s not possible &amp; it’s pointless to try. The emancipation of minds is the great generational imperative.</p>
<p>Without freeing minds and showing the boundless possibilities, the nation will continue to generate more and more for whom mediocrity &amp; frivolity are “normal”. When you know no better &amp; when you don’t have better to do, frivolity &amp; mediocrity become a way of life.</p>
<p>It’s the challenge of leaders to inspire people into seeing these boundless possibilities. Leaders shape ‘imagined realities’ &amp; sell them to the people. Zimbabwe is an increasingly young voting population. Those whose imagined realities are believed by the young will succeed.</p>
<h4><strong>More: <a href="https://twitter.com/Wamagaisa/status/1388761156198731777" rel="noopener" target="_blank"><em>Alex Magaisa on Twitter</em></a></strong></h4>


Zimbabweans' Minds Need To Be Repaired And Unfrozen - OPINION

<p>The Dinde Community in Hwange is facing a serious predicament at the hands of the government. They face expulsion from their ancestral homes to make way for a Chinese mining company, Beifa Investments (Pvt) Ltd, all in the name of “development”.</p>
<p>Beifa was granted a mining exploration permit by the Government to conduct exploration activities in the Dinde area. A large cross-party section of the Dinde Community is opposed to this unwelcome intrusion into their way of life. They have protested but so far to no avail.</p>
<p>One Never Tshuma was arrested &amp; detained after leading a community protest. Although Tshuma is a ZANU PF member and has been condemned by leaders of his own party, he has received solidarity &amp; support from the local MDC Alliance MP, @molokele &amp; the rest of the community.</p>
<p>Tshuma is being charged with inciting public violence, the same offence for which Makomborero Haruzivishe was unjustly convicted by the regime in a different matter. Tshuma is one of the leaders who are resisting the unpopular intrusion of the Chinese company.</p>
<p>Tshuma appears to have been thrown under the bus by his party. There is suspicion that the local ZANU PF &amp; traditional leadership have been compromised &amp; are batting for the Chinese company under the guise of development. It’s telling that Beifa reported its case to ZANU PF.</p>
<p>How does a foreign investor deal with a political party on matters of investment and law enforcement? This conflation between party and state is dangerous. From reports in Dinde, this is not simply a ZANU PF issue. This is a community issue regardless of party affiliation.</p>
<p>This is yet another example of conflicts between the central government and local communities, caused by the central government imposing itself on the local communities without proper consultation. The investor finds itself sandwiched between competing interests.</p>
<p>All this is done in the name of “development”. But “Development” is a complex process that is not one-dimensional. For local communities, there are certain intangibles to which they place value in their lives, which may not seem so to investors &amp; bureaucrats sitting in Harare.</p>
<p>So-called “development” that fails to respect the interests, rights and expectations of local communities is not worth it. They have also seen how the extractive state &amp; its local &amp; foreign elites have plundered resources elsewhere leaving local communities with nothing.</p>
<p>Diamonds in Marange, Black Granite in Mtoko, plush tourist resorts in Hwange, Gonarezhou &amp; others – local communities have nothing to show for the resources upon which these multi-million dollar businesses are built. Therefore, they are sceptics of the “development” narrative.</p>
<p>The government must respect the people of Dinde just like it must respect the Chilonga community and others around the country. It is notable that in both cases, vulnerable &amp; often neglected &amp; forgotten ethnic minorities are at the rough end of this mistreatment.</p>
<p>In Chilonga it was the Shangaan. In Dinde it’s the Nambya and Tonga. The government has long neglected these areas &amp; the first thing it does is to send a foreign company to disrupt their way of life. At least start by fixing roads, schools and hospitals there. Show you care!</p>
<h4><strong>More: <a href="https://twitter.com/Wamagaisa/status/1384793479998582784" rel="noopener" target="_blank"><em>Alex Magaisa on Twitter</em></a></strong></h4>


Magaisa Comments On The Plight Of The Dinde Community {Full Thread}

<p>Political analysts have warned the MDC Alliance against boycotting elections saying doing so would be tantamount to abandoning the fight for the democratisation of Zimbabwe.</p>
<p>This comes after MDC-A secretary-general Chalton Hwende on Sunday said it would be better not to contest in any election if the party name is “stolen” by Zanu PF working in cahoots with the MDC-T.</p>
<p>However, political analyst Rashweat Mukundu said boycotting elections can only play in Zanu PF’s hands. Said Mukundu:</p>
<blockquote><p>I don’t think it is a good idea. We know the conduct of elections in Zimbabwe is not free because of the nature of the management of the electoral management body that is essentially controlled by the ruling party.</p>
<p>But fighting elections whether they are free or not is actually part of fighting for the democratisation of Zimbabwe.</p>
<p>Boycotting will serve the interest of Zanu PF and will not serve the interest of advancing democracy in Zimbabwe.</p>
<p>For me, engaging in elections is not a question of being happy with the processes, but is a question of maintaining the front for the fight for democracy.</p>
<p>We have seen that opposition parties boycotting elections can only play in the hands of the ruling party.</p>
<p>In the case of Zimbabwe, the MDC Alliance has to deal with identity issues and has to deal with mobilising a lot of people to vote and deal with its identity.</p></blockquote>
<p>United Kingdom-based Zimbabwean legal expert, <a href="https://news.pindula.co.zw/2021/04/05/full-thread-dont-boycott-by-elections-magaisa-tells-mdc-alliance/" rel="noopener" target="_blank">Alex Magaisa also warned the MDC Alliance against shunning elections.</a></p>
<p>He said boycotting elections is exactly what Zanu PF wants the MDC Alliance to do as it guarantees the ruling party an easy ride.</p>
<h4><strong>More: <a href="https://www.newsday.co.zw/2021/04/no-to-election-boycott/" rel="noopener" target="_blank">NewsDay</a></strong></h4>


Political Analysts Warn MDC-A Against Boycotting Elections

MDC Alliance Is Our Name, We Won't Abandon It - Hwende

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<p class="js-tweet-text tweet-text with-linebreaks" lang="en">United Kingdom-based law lecturer, Alex Magaisa said the opposition MDC Alliance should not boycott by-elections saying they would be doing what their opponents, the ruling ZANU PF and their rivals, MDC-T, <a href="https://news.pindula.co.zw/2021/03/26/mdc-alliance-ready-for-by-elections-hlatywayo/">would want them to do</a>.</p>
<p class="js-tweet-text tweet-text with-linebreaks" lang="en">Magaisa who is the former Chief of Staff in the office of the late former Prime Minister, Morgan Tsvangirai said the party should actually work on strengthening its structures.</p>
<p class="js-tweet-text tweet-text with-linebreaks" lang="en">He made the remarks after MDC Alliance Secretary-General Sunday said the Nelson Chamisa-led party would, as a way of protest, boycott by-elections if it was blocked from using its party name.</p>
<p class="js-tweet-text tweet-text with-linebreaks" lang="en">Hewende was speaking after MDC-T said it was going to use MDC Alliance as its name in the upcoming by-elections. <a href="https://twitter.com/Wamagaisa/status/1379048372531834880">Below is his Twitter thread.</a></p>
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<p class="js-tweet-text tweet-text with-linebreaks" lang="en">If there’s a phrase that must not be entertained by the MDC Alliance right now, it is the phrase “boycott by-elections”. Not when the opponents are doing everything to take you out of political spaces. Boycott is exactly what they want you to do; it guarantees an easy ride.</p>
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<p class="js-tweet-text tweet-text with-linebreaks" lang="en">You might boycott when you have leverage, as when Morgan withdrew from the violent &amp; farcical presidential run-off election in 2008. The costs of participating were higher than the costs of boycotting. Morgan had won the 1st round. Mugabe running alone afterwards was a sham</p>
<div class="js-card-container">The opponent must know that there is a price to pay if you boycott. There is no price to pay for ZANU–PF or MDC-T if the MDC Alliance boycotts by-elections. In fact, the opposite is true: they have everything to gain, with the strongest party abandoning its strongholds.</div>
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<div class="js-card-container">The MDC Alliance needs to rejuvenate its base. It needs to be seen fighting. For a year now supporters have watched helplessly their party conceding ground without a fight. Elections are the space where they can have a say &amp; they get news of their party threatening boycott?<img alt="🙆🏾‍♀️" class="emoji" decoding="async" draggable="false" src="https://abs.twimg.com/emoji/v2/72x72/1f646-1f3fe-200d-2640-fe0f.png" style="background-color: #ffffff;"/></div>
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<div class="margin-b--5">The leadership should be bold bullish &amp; uncompromising. What’s in a name? The most urgent issue is not the name but re-building an institution that has been deliberately &amp; purposefully shelled over the past year. Let them stop you but don’t boycott – it would be catastrophic.</div>
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<div class="margin-b--5"><strong>More: <a href="https://www.pindula.co.zw/Alex_Magaisa">Alex Tawanda Magaisa Biography</a></strong></div>
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FULL THREAD: Don't Boycott By-Elections - Magaisa Tells MDC Alliance

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<div class="css-901oao r-18jsvk2 r-1qd0xha r-1blvdjr r-16dba41 r-vrz42v r-bcqeeo r-bnwqim r-qvutc0" dir="auto" lang="en"><span class="css-901oao css-16my406 r-poiln3 r-bcqeeo r-qvutc0">United Kingdom-based law lecturer, Alex Tawanda Magaisa has said social media protests and legal challenges helped in stopping Chilonga evictions. The government had earmarked the land for Dendairy’s lucerne grass project. A recent Statutory Instrument, however, repeals the earlier one <a href="https://news.pindula.co.zw/2021/03/14/chilonga-evictions-debacle-force-govt-to-hold-crisis-meeting-report/">which legalised the evictions.</a> The latest SI was issued after social media was flooded with protests against Chilonga evictions.</span></div>
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<div class="css-901oao r-18jsvk2 r-1qd0xha r-1blvdjr r-16dba41 r-vrz42v r-bcqeeo r-bnwqim r-qvutc0" dir="auto" lang="en">Below is Magaisa’s Twitter thread.</div>
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<div class="css-901oao r-18jsvk2 r-1qd0xha r-1blvdjr r-16dba41 r-vrz42v r-bcqeeo r-bnwqim r-qvutc0" dir="auto" lang="en">Land &amp; a bungling regime: a Short Story</div>
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<div class="css-901oao r-18jsvk2 r-1qd0xha r-1blvdjr r-16dba41 r-vrz42v r-bcqeeo r-bnwqim r-qvutc0" dir="auto" lang="en"><span class="css-901oao css-16my406 r-poiln3 r-bcqeeo r-qvutc0">It started with SI50/2021 issued on 26 Feb 2021. The decree sought to remove the Chilonga community from their ancestral lands to make way for DenDairy to grow grass for its cows. It promoted heavy resistance such as </span><span class="r-18u37iz"><a class="css-4rbku5 css-18t94o4 css-901oao css-16my406 r-1n1174f r-1loqt21 r-poiln3 r-bcqeeo r-qvutc0" data-focusable="true" dir="ltr" href="https://twitter.com/hashtag/boycottdendairy?src=hashtag_click" role="link">#boycottdendairy</a></span></div>
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<div class="css-901oao r-18jsvk2 r-1qd0xha r-a023e6 r-16dba41 r-rjixqe r-bcqeeo r-bnwqim r-qvutc0" dir="auto" lang="en"><span class="css-901oao css-16my406 r-poiln3 r-bcqeeo r-qvutc0">A week later, government issued another decree, SI63A/2021. It changed the purpose of setting aside the land to “establishing an irrigation scheme” but retained the clause forcing the Chilonga community to depart permanently. We covered it in the BSR showing the illegalities.</span></div>
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<article class="css-1dbjc4n r-1loqt21 r-18u37iz r-1ny4l3l r-1udh08x r-1qhn6m8 r-i023vh r-o7ynqc r-6416eg" data-focusable="true" role="article" tabindex="0">
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<div class="css-901oao r-18jsvk2 r-1qd0xha r-a023e6 r-16dba41 r-rjixqe r-bcqeeo r-bnwqim r-qvutc0" dir="auto" lang="en"><span class="css-901oao css-16my406 r-poiln3 r-bcqeeo r-qvutc0">On 16 March Government issued SI72A/2021, this time repealing the initial decree and removing the clause forcing the Chilonga community to depart permanently from their land. This is a big reversal of an unjust and arbitrary policy that disrespected citizens’ rights.</span></div>
<div dir="auto" lang="en"></div>
<div class="css-901oao r-18jsvk2 r-1qd0xha r-a023e6 r-16dba41 r-rjixqe r-bcqeeo r-bnwqim r-qvutc0" dir="auto" lang="en">Why is this significant? It matters because the government has been forced into a reversal of an unjust policy. If it hadn’t been challenged, it was going to remove the Chilonga community. The revelation of cronyism, the legal challenges &amp; social media protests helped.</div>
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</blockquote>


Social Media Protests Helped Stop Chilonga Evictions - Magaisa

<p>University of Zimbabwe law professor, Lovemore Madhuku says he stands with his legal opinion on the resignation of Vice Presidents in Zimbabwe.</p>
<p>In his opinion, <a href="https://news.pindula.co.zw/2021/03/08/full-text-prof-lovemore-madhuku-on-resignation-of-vice-presidents/"><strong>published on 7 March 2021, Madhuku said that section 96(2) of the Constitution does not apply to the current Vice-Presidents</strong></a> and that the section will only apply to Vice-Presidents after the coming into force of the running mate clause.</p>
<p>However, Political Science professor, Jonathan Moyo, Harare lawyer Advocate Thabani Mpofu and University of Kent law lecturer Alex Magaisa vehemently disagreed with Madhuku’s position.</p>
<ul>
<li><a href="https://news.pindula.co.zw/2021/03/08/mohadi-resignation-advocate-mpofu-responds-to-prof-madhuku/"><strong>MOHADI RESIGNATION: Advocate Mpofu Responds To Prof Madhuku</strong></a></li>
<li>
<p class="entry-title"><strong><a href="https://news.pindula.co.zw/2021/03/08/mohadi-resignation-prof-madhukus-approach-not-persuasive-magaisa/">MOHADI RESIGNATION: Prof Madhuku’s Approach Not Persuasive -Magaisa</a></strong></p>
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</ul>
<p>Posting on Twitter this Tuesday, Madhuku said he has noted the three’s arguments but he remains convinced that his interpretation of the constitution is the correct one. He wrote:</p>
<blockquote><p>I have read and noted the three replies from [Professor Jonathan Moyo], [Dr Alex Magaisa] and [Advocate Thabani Mpofu].</p>
<p>With respect, I remain unconvinced that there can be a sound alternative to the view I hold and have expressed-that sect 96(2) does not apply to current VPs. <em>Cadit quaestio</em>.</p></blockquote>
<blockquote class="twitter-tweet" data-partner="tweetdeck">
<p dir="ltr" lang="en">I have read and noted the three replies from <a href="https://twitter.com/ProfJNMoyo?ref_src=twsrc%5Etfw">@ProfJNMoyo</a> , <a href="https://twitter.com/Wamagaisa?ref_src=twsrc%5Etfw">@Wamagaisa</a> and <a href="https://twitter.com/adv_fulcrum?ref_src=twsrc%5Etfw">@adv_fulcrum</a>. With respect, I remain unconvinced that there can be a sound alternative to the view I hold and have expressed-that sect 96(2) does not apply to current VPs. Cadit quaestio.</p>
<p>— Prof Lovemore Madhuku (@ProfMadhuku) <a href="https://twitter.com/ProfMadhuku/status/1369022999194636300?ref_src=twsrc%5Etfw">March 8, 2021</a></p></blockquote>
<p><script async="" charset="utf-8" src="https://platform.twitter.com/widgets.js"></script></p>
<p>Responding to Madhuku’s tweet, Harare lawyer and MDC-Alliance co-vice president Tendai said:</p>
<blockquote><p>Lovemore you very wrong. The golden rule of statutory interpretation is the ordinary natural meaning of words.Your contextual approach in the context of this debate is pure witchcraft.</p>
<p>Your new found knack for defending the indefensible is particularly astounding given your roots.</p></blockquote>
<blockquote class="twitter-tweet" data-partner="tweetdeck">
<p dir="ltr" lang="en">Lovemore you very wrongThe golden rule of statutory interpretation is the ordinary natural meaning of words.Your contextual approach in the context of this debate is pure witchcraft.Your new found knack of defending the indefensible is particularly astounding given your roots <a href="https://t.co/jOjz7Nzz2j">https://t.co/jOjz7Nzz2j</a></p>
<p>— TENDAI BITI (@BitiTendai) <a href="https://twitter.com/BitiTendai/status/1369212595970994178?ref_src=twsrc%5Etfw">March 9, 2021</a></p></blockquote>
<p><script async="" charset="utf-8" src="https://platform.twitter.com/widgets.js"></script><br/>
According to online sources, <strong><em>Cadit quaestio </em></strong>is a Latin expression that is used to indicate that an issue is no longer in question, often because a dispute (question) between two parties has been either settled or dropped.</p>
<p>The debate was triggered by former Vice President Kembo Mohadi’s resignation on 1 March 2021 after his illicit relationships with female staffers was exposed by ZimLive.com.</p>
<p>President Emmerson Mnangagwa did not issue a statement on Mohadi’s resignation, with the likes of Magaisa saying the President’s silence was not in line with Constitutional demands, a position Madhuku disagreed with.</p>


Madhuku Remains 'Unconvinced' By Magaisa, Mpofu Arguments

<p>MDC Alliance vice-chairman Job Sikhala has warned the late MDC founding president Morgan Tsvangirai’s son, Vincent, against picking up fights with “adults” and being angry on behalf of other people.</p>
<p>This comes after Vincent, the Glen View South MP, wrote an opinion piece accusing Tsvangirai’s former advisor, Alex Magaisa of bringing the G40 faction of ZANU PF into opposition politics.</p>
<p>The G40, scattered by a military coup in November 2017, included Jonathan Moyo, Saviour Kasukuwere, Walter Mzembi, Patrick Zhuwao, Grace Mugabe, Mandiitawepi Chimene, among others</p>
<p>Sikhala pleaded with the young Tsvangirai to listen to academics Pedzisai Ruhanya and Jonathan Moyo and to avoid creating enemies on behalf of others [presumably MDC-T leader Douglas Mwonzora]. Sikhala <a href="https://twitter.com/JobSikhala1/status/1360513112743501825">wrote</a> on Twitter:</p>
<blockquote><p>My beloved young brother Vincent Tsvangirai. You know how much I sacrificed walking all roads door to door in Glen View South for your win.</p>
<p>Please take heed of Pedzisai Ruhanya’s advice. Don’t create enemies or become angry on behalf of others. Pedzisai Ruhanya, Jonathan Moyo are adults.</p>
<p>… He (Vincent) is young. He needs advice. Fighting people who never provoked you is the most dangerous expedition. He should not be used to fight wars beyond his reach.</p></blockquote>
<p>Vincent, born in 1995, is thought to be the firstborn child of the late Tsvangirai, Zimbabwe’s Prime Minister between 2009 and 2013.</p>
<p>After the Supreme Court reconstituted the MDC-T in 2020, Vincent abandoned the MDC Alliance for the then Thokozani Khupe-led party.</p>
<p><a href="https://www.pindula.co.zw/Morgan_Tsvangirai"><em><strong>For more on Morgan Tsvangirai, please click here.</strong></em></a></p>


Sikhala Warns Tsvangirai's Son, Vincent

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