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<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;"><strong><a href="https://www.pindula.co.zw/Ibbo_Mandaza">Dr Ibbo Mandaza</a></strong>, a politician, academic and businessman who is also the director of a local think-tank <strong><a href="https://www.pindula.co.zw/Sapes_Trust">Sapes Trust</a> </strong>has said it is difficult to revive the Zimbabwean economy with about 75 per cent of the skilled people living in the diaspora.</span></p>
<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;">Brain drain worsened at the turn of the millennium when the economy collapsed. Skilled personnel continue to leave the country en masse, at every chance, citing poor salaries and working conditions.</span></p>
<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;">Speaking at the memorial service of the late Law expert, <strong><a href="https://www.pindula.co.zw/Alex_Magaisa">Alex Tawanda Magaisa</a></strong>, a former Chief of Staff in the office of the late former Prime Minister of Zimbabwe, <strong><a href="https://www.pindula.co.zw/Morgan_Tsvangirai">Morgan Tsvangirai</a></strong>, Mandaza said Zimbabwe has been overtaken by its African counterparts. He said:</span></p>
<blockquote>
<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;">75% of Zimbabwe’s skilled people are outside the country, and Alex was one of them. We can’t lift this country out of this mess without those people. Tanzania is now 40 years ahead of Zimbabwe. Kenya is 10 times ahead of us.</span></p>
</blockquote>
<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;">Many Zimbabweans scattered around the globe are taking influential positions in various companies and governments while Zimbabwe is struggling.</span></p>
<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;">Some analysts blame the ruling ZANU PF for the brain drain saying the party was responsible for the collapse of the economy. </span></p>
<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;">Econet Wireless founder, <strong><a href="https://www.pindula.co.zw/Strive_Masiyiwa">Strive Masiyiwa</a></strong>, a former <strong><a href="https://www.pindula.co.zw/Posts_and_Telecommunications_Corporation_of_Zimbabwe">PTC</a></strong> employee, leads a legion of skilled Zimbabweans living in the diaspora.</span></p>
<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 <a href="https://zero.pindula.co.zw/download/?utm_source=PindulaArticles&amp;utm_campaign=DownloadLink">via the App. Download it here</a></span></h2>


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We Can't Lift Zimbabwe With 75% Of Skilled People In The Diaspora - Ibbo Mandaza

<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;">The memorial service of the late academic Alex Tawanda Magaisa was held this Sunday at the Exhibition Park in Harare. </span></p>
<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;">ZimLive reports that among the attendees were former Deputy Prime Minister Arthur Mutambara and ex-Finance Minister Simba Makoni. </span></p>
<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;">Citizens Coalition for Change (CCC) leader, Nelson Chamisa was also in attendance. Advocate Thani “Fulcrum, the Pith” Mpofu was also there.</span></p>
<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;">Magaisa suffered a heart attack on 5 June at the Queen Elizabeth Hospital in the United Kingdom where he was a Law lecturer. His burial is set for this week in Wedza.</span></p>
<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;">Below are pictures from the memorial service. Credit: ZimLive.com</span></p>
<p><span style="font-size: 14pt; font-family: 'book antiqua', palatino, serif;"><img decoding="async" src="https://pbs.twimg.com/media/FWLcui8X0AAawbM?format=jpg&amp;name=large"/><img decoding="async" src="https://pbs.twimg.com/media/FWLcu6ZXoAEShYG?format=jpg&amp;name=large"/><img decoding="async" src="https://pbs.twimg.com/media/FWLcvQQWQAAThRR?format=jpg&amp;name=large"/><img decoding="async" src="https://pbs.twimg.com/media/FWLcvnRXkAUkOlB?format=jpg&amp;name=large"/></span></p>
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Pictures: Alex Magaisa Memorial Service

<p><span style="font-size: 14pt; font-family: 'times new roman', times, serif;">United Kingdom-based law lecturer, Alex Tawanda Magaisa, has said there can be readjustments to political party funding as a result of the just-ended by-elections which saw opposition Citizens Coalition for Change (CCC) winning the majority of National Assembly and local government seats. Under the Political Parties (Finance) Act, the ruling ZANU PF and the opposition MDC Alliance have been receiving funding based on the 2018 election outcome where the two parties attained at least 5% of the total votes cast in a general election. Pindula News presents Magaisa’s Twitter thread on the matter:</span></p>
<blockquote>
<h2><span style="font-family: 'comic sans ms', sans-serif;">Political party funding: what happens now? </span></h2>
<p><span style="font-family: 'comic sans ms', sans-serif;">Several people have asked this question so here’s a short thread. Zimbabwe has a law that provides for the funding of political parties. This is consistent with section 67(4) of the Constitution which says there must be such a law.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">That law is called the Political Parties (Finance) Act. For a party to qualify for funding, it must have won at least 5% of the total votes cast in a general election. Only 2 parties qualified in 2018: ZANU PF &amp; MDC Alliance. The money was given to these parties.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">After the controversial Supreme Court judgment in March 2020 things changed and the government began to allocate that money to the MDC-T under Khupe &amp; later under Mwonzora. That diversion was meant to financially cripple the legitimate opposition.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">So what if there are by-elections and the composition of Parliament changes? Section 3(4) states that there shall be adjustments to the amounts payable to political parties having regard to changes in the total votes cast as a result of the by elections.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">I’m not sure that this provision has ever been invoked in the past to make changes to funding but if it has government will just follow precedent. If not, however, a new precedent will have to be set following these by-elections. A number of factors will come into play.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">First, the MDC-T has now lost title to all the votes that were won in the affected constituencies in 2018. These votes now belong to the CCC. The next question is whether this loss affects the MDC-T’s ability to meet the 5% threshold to qualify for funding.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">In this regard, it matters that the higher voter turnout in 2018 contributed to the MDC-T’s ability to make the threshold. In any event, the loss of those high numbers will significantly reduce its share of the political funding since funding is tied to the number of votes.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">As for the CCC, qualification for funding also depends on meeting the 5% threshold. The problem I foresee is the low voter turnout in the by-elections which means the total votes might not make a big impact on the total number of votes cast at the general election in 2018</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">But this is a matter that I leave to those whose minds are suitably tuned to figures. What I have given here is the legal formula. You guys can now exercise your able mathematical minds but I imagine you would need the entire data set of results from 2018 &amp; the by-elections.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">So in short, the answer is yes, there can be readjustments to political party funding as a result of the by-elections and while I don’t know of a precedent, there’s room to chart a new one based on the current set of circumstances.</span></p>
</blockquote>
<h2><span style="font-family: 'times new roman', times, serif;">More: <a href="https://news.pindula.co.zw/">Pindula News</a></span></h2>


By-elections Update: Magaisa Speaks On "Political Party Funding: What Happens Now?"

<p><span style="font-size: 14pt; font-family: 'times new roman', times, serif;">Alex Tawanda Magaisa, a former Chief of Staff in the office of a former Prime Minister, the late Morgan Tsvangirai, believes the Zimbabwe Republic Police might be targeting specific individual(s) through the operation on vehicles with no number plates. He was commenting on a police update that observed that some prominent persons and political figures were not displaying plates on their cars. In a statement seen by Pindula News, police said they will impound such vehicles and ensure that the law takes its course. Reads the statement:</span></p>
<blockquote>
<h2><span style="font-family: 'comic sans ms', sans-serif;">ZRP UPDATE ON OPERATION TARGETING VEHICLES WITH NO NUMBER PLATES </span></h2>
<p><span style="font-family: 'comic sans ms', sans-serif;">The Zimbabwe Republic Police reminds the public that the operation targeting vehicles which are moving on the country’s roads without displaying registration plates or being registered in terms of the Vehicle Registration and Licensing Act Chapter 13:14 is continuing. Since 15th January 2022, the Zimbabwe Republic Police has accounted for 43 108 vehicles throughout the country. The Zimbabwe Republic Police is concerned by the conduct of some motorists or vehicle owners who are driving posh and lavish vehicles on the roads and parking them in public places whilst clearly not displaying number plates. This conduct is also being exhibited by some prominent persons and political figures.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">The Zimbabwe Republic Police will impound such vehicles and ensure that the law takes its course. No excuses will be entertained by police officers on checkpoints, roadblocks and other law enforcement sites.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">The Police reminds motorists that it is a legal requirement for all vehicles on the roads and public places to be registered in order to vehicles on the roads and public places to be registered in order to curb cases of criminals who are taking advantage to commit robbery, murder, rape, hit and road traffic accidents and other cases.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">(Nyathi. P) Assistant Commissioner </span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">Senior Staff Officer (Press, Public and Int. Relations)</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;"> to the Commissioner-General of Police</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;"> Police General Headquarters</span></p>
</blockquote>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">In response, Magaisa said, “Even kindergarteners can tell whose car you are targeting.” </span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">His remarks come after reports that Citizens Coalition for Change (CCC) leader, Nelson Chamisa, has been using plateless vehicles to outsmart state security agents who were reportedly planning to intercept him as he toured the country.</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>


Magaisa Says Police Targeting Certain Car As Operation On Vehicles With No Plates Continues

<p><span style="font-size: 14pt; font-family: 'times new roman', times, serif;">Alex Tawanda Magaisa, a law lecturer in the United Kingdom, has discussed the Trojan Horse theory, prompting some to believe he was warning opposition Citizens’ Coalition for Change (CCC) against accepting Thokozani Khupe in the party.</span></p>
<p><span style="font-size: 14pt; font-family: 'times new roman', times, serif;">Magaisa, a former Chief of Staff in the office of a former Prime Minister, Morgan Tsvangirai, speaks amid disagreements in the CCC over whether to have a coalition with Khupe who was recently fired from the MDC-T led by Douglas Mwonzora.</span></p>
<p><span style="font-size: 14pt; font-family: 'times new roman', times, serif;">Some say Khupe, once Tsvangirai’s deputy and a former Deputy Prime Minister, cannot be trusted since she “joined hands with the ruling ZANU PF” to dismantle MDC Alliance led by Nelson Chamisa. Some say she has a lot to contribute adding that many former ZANU PF members have been admitted into the party in the past.</span></p>
<p><span style="font-size: 14pt; font-family: 'times new roman', times, serif;">Magaisa says things regarded as Trojan Horses are weapons disguised as gifts. Pindula News presents Magaisa’s remarks below:</span></p>
<blockquote>
<h2><span style="font-family: 'comic sans ms', sans-serif;">Trojan Horse</span></h2>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">1. “Be wary of Greeks bearing gifts” The adage originates from a legend in Greek mythology. The legend is drawn from a tale in Homer’s famous poem, The Iliad which describes the end of a long-drawn war between the Greeks and the Trojans in ancient times. The lesson is timeless.</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">2. The war had been going on for nearly a decade with the Greeks laying siege upon Troy, the of the Trojans, but to no avail. With both sides exhausted, the Greeks built a large wooden horse, which they left at the gates of Troy, seemingly as a peace offering.</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">3. The Greeks appeared to sail away in retreat. When the Trojans saw the wooden horse, they thought it was a sign of surrender &amp; a peace offering. They opened the gates of their city and took the horse inside and celebrations began. After all, the war was over, wasn’t it?</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">4. But the Trojans didn’t know it was a trick. Greek soldiers were hiding inside the belly of the large wooden horse. And by bringing it into their city, the Trojans had allowed their bitter enemy inside. And the Greeks had entered the Trojans’ citadel without even fighting.</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">5. So as the Trojans dropped their guard, the Greek soldiers came out of the horse and opened the gates of Troy to allow in their compatriots who were lurking outside. They entered Troy and won an easy victory. According to the legend, that is how the Trojans were defeated.</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">6. Over time, when something was referred to as “a Trojan Horse”, it was because it was a weapon that was disguised as a gift. The Roman poet, Virgil is credited with coining the phrase, “Be wary of Greeks bearing gifts” in his account of the legend of the Trojan War.</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">7. When people say beware of the Greeks bearing gifts, they are warning you to be careful because sometimes things that are presented as gifts can turn out to be your greatest undoing. Not everything that glitters is gold. Observe carefully who the promoters of that gift are.</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">8. There will be offers of gifts and it’s hard to resist the allure. But these gifts may also be weapons in disguise. You cannot afford to behave like the Trojans. Before you bring the horse through the city gates, be sure that it is not carrying the opponent’s troops inside.</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">WaMagaisa</span></p>
</blockquote>
<h2><span style="font-family: 'times new roman', times, serif;">More: <a href="https://news.pindula.co.zw/">Pindula News</a></span></h2>


Be Wary Of Greeks Bearing Gifts - Alex Magaisa

<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">A tweet by <strong><a href="https://www.pindula.co.zw/Citizens%27_Coalition_for_Change">Citizens Coalition for Change (CCC)</a></strong> Vice President Professor <strong><a href="https://www.pindula.co.zw/Welshman_Ncube">Welshman Ncube</a></strong> has torched a storm on social media after some interpreted it to mean that he was pushing for a coalition with former Deputy Prime Minister <strong><a href="https://www.pindula.co.zw/Thokozani_Khupe">Thokozani Khupe</a></strong>.</span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">Ncube, a former Minister of Industry and Commerce, said the opposition had been losing ground in Matabeleland North over the years and suggested that this evaluation must inform the CCC’s strategic options ahead of the 2023 elections. He said in a statement seen by Pindula News:</span></p>
<blockquote>
<p><span style="font-family: 'comic sans ms', sans-serif;">In Mat North in 2000 we got 74% of the vote &amp; all the then 7 seats. <strong><a href="https://www.pindula.co.zw/Zimbabwe_African_National_Union_-_Patriotic_Front">ZANU PF</a></strong> 21%. Others 5%. By 2018 our percentage share had nosedived to 38%. ZANU PF up to 39%. Others 23%. This is the harsh reality that must inform our strategic options for 2023. I rest my case.</span></p>
</blockquote>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">His remarks come barely weeks after he reportedly <strong><a href="https://news.pindula.co.zw/2022/02/16/ccc-speaks-on-welshman-ncube-thokozani-khupe-viral-picture/">held a meeting with Khupe</a></strong> who was recently <strong><a href="https://news.pindula.co.zw/2022/01/29/mdc-t-expels-khupe-three-others/">fired from MDC-T</a></strong> led by Senator <strong><a href="https://www.pindula.co.zw/Douglas_Mwonzora">Douglas Mwonzora</a></strong>. Khupe claims that the MDC-T split and that she leads another faction.</span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">In a series of Twitter posts, <strong><a href="https://www.pindula.co.zw/Alex_Magaisa">Alex Tawanda Magaisa</a></strong>, a former Chief of Staff in the Office of former Prime Minister, the late <strong><a href="https://www.pindula.co.zw/Morgan_Tsvangirai">Morgan Tsvangirai</a></strong>, seemed to be responding to Ncube’s reasoning. Pindula News presents Magaisa’s posts:</span></p>
<blockquote>
<p><span style="font-family: 'comic sans ms', sans-serif;">Politicians must work hard to win the hearts &amp; minds of people who support their rivals instead of courting the rivals hoping for easy pickings. They will never be your people. Marriages of convenience between political elites create fiefdoms &amp; only end in heartbreak and tears.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">You hear some saying X has people, therefore we need X. It’s an admission of failure that you can’t win them from X. What are you doing to win them? Are they permanently tied to X? Why are you failing to win them? If you can’t win them then you don’t deserve to lead!</span></p>
</blockquote>
<p><span style="font-size: 14pt; font-family: 'times new roman', times, serif;">Magaisa’s remarks were echoed by journalist, <strong><a href="https://www.pindula.co.zw/Hopewell_Chin%27ono">Hopewell Chin’ono</a></strong> who said the proposition was an insult to supporters. Pindula News presents his post:</span></p>
<blockquote>
<p><span style="font-family: 'comic sans ms', sans-serif;">The idea that Thokozani Khupe is the main ingredient in Matebeleland for the opposition to win is an insult to people of that region. It is stockholder politics that assumes that there are no young people in Matebeleland capable of being leaders and attracting votes!</span></p>
</blockquote>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">Some CCC supporters who commented on the matter suggested that the <strong><a href="https://www.pindula.co.zw/Nelson_Chamisa">Nelson Chamisa</a></strong>-led political outfit must not work with Khupe as she cannot be trusted after she allegedly worked with the ruling ZANU PF to dismantle MDC Alliance which Chamisa led before the rebranded to CCC.</span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">A Twitter handle, ZANU PF PATRIOTS  @zanupf_patriots, allegedly operated by the ruling ZANU PF, said “@DrThoko_Khupe will definitely join CCC, they desperately need her Mark this tweet, Zvenyu zvepa Twitter hazvina kana basa on this one.”</span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">Meanwhile, Chamisa seems to be in support of any coalition. Responding to a question which demanded to know if “rotten rejected tomatoes (can) be in the same basket with Bananas?” Chamisa said:</span></p>
<blockquote>
<p><span style="font-family: 'comic sans ms', sans-serif;">A proper national basket carries all types of fruits. Its rainbow-ness is what makes it truly national and natural a home for all!</span></p>
</blockquote>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">When one of his followers posted saying, “Welshman Welshman comrade, he is raising some serious emotions,” Chamisa said, “All is well.” He added:</span></p>
<blockquote>
<p><span style="font-family: 'comic sans ms', sans-serif; font-size: 12pt;">Everything (is) under control. Relax! The future is exciting! Watch the space.</span></p>
</blockquote>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">The ruling ZANU PF has been in power since 1980 and the opposition has tried a number of ways to dislodge the party in failure.</span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">MDC led by Morgan Tsvangirai came close to power in 2008 when he defeated then president, the late <strong><a href="https://www.pindula.co.zw/Robert_Mugabe">Robert Mugabe</a></strong> but failed to reach the minimum required threshold, according to the <strong><a href="https://www.pindula.co.zw/Zimbabwe_Electoral_Commission">Zimbabwe Electoral Commission (ZEC).</a></strong></span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">In 2018, Chamisa who was leading an opposition Alliance (MDC Alliance) lost narrowly to President <strong><a href="https://www.pindula.co.zw/Emmerson_Mnangagwa">Emmerson Mnangagwa</a></strong>. He claims he won the election.</span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">Political analysts have been saying a fragmented opposition will not dislodge ZANU PF as votes will be shared.</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>


Magaisa, Chamisa, Chin'ono Respond To Welshman's Tweet "Proposing Coalition With Khupe"

<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">Alex Tawanda Magaisa, a former Chief of Staff in the office of a former Prime Minister of Zimbabwe, the late Morgan Tsvangirai, has urged Zimbabweans to vote in the by-elections pencilled for 26 March.</span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">Magaisa, a Law lecturer in the United Kingdom, observed that by-elections have often been taken for granted in Zimbabwe compared to general elections.</span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">In his <span style="font-size: 18pt;"><strong><a href="https://bigsr.africa/bsr-voter-suppression-and-why-its-important-to-vote-in-the-by-elections/">Big Saturday Read (BSR)</a></strong></span> published on Saturday 5 February 2022, Magaisa that trend has in the past aided the ZANU PF government to rig elections. Pindula News presents an extract from Magaisa’s BSR:</span></p>
<blockquote>
<p><span style="font-family: 'comic sans ms', sans-serif;">By-elections traditionally draw a lower voter turnout than general elections. This is the biggest challenge that the CCC faces in the forthcoming by-elections. Its opponents are keen to discourage voters by planting information that is designed to frustrate them into not bothering to go to the polls. When they say the MPs will still be recalled, they are essentially communicating that voting is a pointless exercise. They realized that their plan to confuse voters by grabbing the MDC Alliance name came to naught when the CCC adopted a new name. The next strategy is to manufacture yet more confusion over it. However, citizens must remain steadfast and vote in large numbers in the by-elections.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">The first reason is that the by-elections present an opportunity for citizens to correct the democratic anomaly caused by a small group of individuals who were driven by vindictiveness to subvert and undermine the will of the people. When people voted in 2018, they believed they were voting for the MDC Alliance led by Nelson Chamisa. It never occurred to them that someone else, let alone a rival like Thokozani Khupe or Douglas Mwonzora would wield the power to remove their elected representatives. The unjust removal of MPs left several constituencies, provinces, and wards without representation. The people know that these removals would not have been possible without the connivance of the ZANU PF regime which was hell-bent on destroying the main opposition. This is an opportunity for citizens to correct the state-engineered anomaly but also to present a vote of confidence to ZANU PF’s surrogates.</span></p>
</blockquote>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">Magaisa added that the by-elections are an opportunity for citizens to participate in the democratic process from which they have so far been excluded. </span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">He said the law does not provide for the consultation of the electorate when a party decides to recall a member thereby robbing the citizens of a chance to participate in a democratic process but the by-elections give them a chance to be heard. </span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">He added that the 26 March by-elections are a chance for the electorate to punish political elites who have wasted taxpayers’ money through unnecessary recalls. </span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">Magaisa also said the fourth reason is that an overwhelming vote in the by-elections will represent a vote against the creeping judicialization of politics adding that political elites are now growing a tendency to rely on judges to decide purely political questions. </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>


Why It Matters To Vote In The March By-elections - Magaisa

<p><span style="font-size: 14pt; font-family: 'times new roman', times, serif;">Law expert, <strong><a href="https://www.pindula.co.zw/Alex_Magaisa">Alex Tawanda Magaisa</a></strong>, has said the cancellation of by-elections in some parts of the country is a huge blow for the newly formed Citizens’ Coalition for Change (CCC) led by <strong><a href="https://www.pindula.co.zw/Nelson_Chamisa">Nelson Chamisa</a></strong>. The <strong><a href="https://www.pindula.co.zw/Zimbabwe_Electoral_Commission">Zimbabwe Electoral Commission (ZEC)</a></strong> said <a href="https://news.pindula.co.zw/2022/01/26/zec-cancels-by-elections-in-some-parts-of-the-country/">there are no vacancies in the Nkulumane, Mbizo, Kambuzuma, Mutasa South, Pumula and Harare East National Assembly Constituencies constituencies</a> since the recalled officials in concerned areas have been reinstated. Pindula News presents Magaisa’s Twitter thread:</span></p>
<blockquote>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">When you are dealing with the system, you must always anticipate its actions. When you see ZANU PF admitting defeat in a litigation it is because it sees an advantage, not weakness in defeat. Some are seeking to understand the legal implications of this ZEC notice issues today.</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">The notice is that by-elections in 6 constituencies &amp; 1 ward have been cancelled. It’s because a court ordered that there are no vacancies. For months, the affected MPs have been shut out of parliament though they had won their case. The system was frustrating them.</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">Now, just a day before the Nomination Court, the court makes a ruling in their favour. Since it’s important to call a spade by its proper name, this development doesn’t do CCC any favours at all. To understand it, let me explain how ZANU PF has found advantage in adversity.<br/>
</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">All along ZANU PF was happy to frustrate these MPs using legal processes. When ED issued the proclamation for by-elections the affected MPs rightly challenged his move. Now that they won, the system will say the courts are fair. But really ZANU PF is the winner in defeat.</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">The launch of CCC surprised the system. The by-elections in CCC strongholds are likely to boost its profile and give it momentum. So anything to deflate it will do. That’s why the system is happy to let these 6 constituencies drop out of the race. Why boost your new rival?</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif; font-size: 12pt;">The system sees another problem for the new CCC. It is that the 6 MPs will remain in parliament as the PDP element of the old MDC Alliance. Yet, CCC has just launched as a new entity. It will be awkward for CCC having members that are also still identified as MDC Alliance/PDP.</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">The last thing that CCC needs in these formative stages is any appearance of division. And the system’s propaganda machinery will sing everyday about this circumstance of MPs who carry a different totem even though they are also CCC. They will concoct conspiracies of division.</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">Worse, because the MPs are part of the 2018 election matrix, Mwonzora will still get public funds based on their presence in Parliament. If by-elections had gone ahead and been won by CCC, that would have changed things and reduced Mwonzora’s funding.</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">Of course with hindsight the MPs should not have insisted but they weren’t to know that a new party was on the horizon. Could the case have been withdrawn before or on the launch of CCC? Perhaps. And if so, that could have taken the decision away from the court.</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">As it turned out it is ZANU PF which has discovered in the wake of the popular launch of CCC that it really doesn’t fancy these by-elections and is happy not to have them. CCC which was going to get a big boost now has 6 fewer constituencies than it could have won.</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">Lesson: moments of euphoria are also moments of vulnerability. Don’t drop your guard. During celebration, the system was plotting how to take the sting out of CCC &amp; it found the perfect gap in the case. Hence ZEC has happily announced the cancellation of the 6 by-elections.</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">The MPs are at a critical juncture: whether they continue under the MDC Alliance/PDP totem or make a complete break with the past and walk away? One thing for sure, it would have been far better for CCC if these by-elections had gone ahead on 26 March.</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">If one resigns from a parly seat, are they legible to file for nomination to contest in the subsequent bye election?</span></p>
<p><span style="font-size: 12pt; font-family: 'comic sans ms', sans-serif;">Where are people getting this idea that if an MP resigns he or she is barred from contesting?</span></p>
</blockquote>
<h2><span style="font-family: 'times new roman', times, serif;">More: <a href="https://news.pindula.co.zw/">Pindula News</a></span></h2>


ZEC's Cancellation Of By-elections A Blow For Chamisa-led CCC - 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 former Prime minister of Zimbabwe, the late Morgan Tsvangirai has said the fights in the opposition MDC-T led by <strong><a href="https://www.pindula.co.zw/Douglas_Mwonzora">Douglas Mwonzora</a></strong> adversely affect another MDC outfit, MDC Alliance led by <strong><a href="https://www.pindula.co.zw/Nelson_Chamisa">Nelson Chamisa.</a></strong></span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">He makes the remarks after Mwonzora <strong><a href="https://news.pindula.co.zw/2022/01/21/the-reasons-why-mwonzora-suspended-khupe-revealed/">announced that he had fired his deputy</a></strong>, <strong><a href="https://www.pindula.co.zw/Thokozani_Khupe">Thokozani Khupe</a></strong> who in turn <strong><a href="https://news.pindula.co.zw/2022/01/21/mwonzora-fired-himself-from-mdc-t-khupe/">defied the expulsion and declared herself the new party leader.</a> </strong>Pindula News presents Magaisa’s statement:</span></p>
<blockquote>
<p><span style="font-family: 'comic sans ms', sans-serif;">The challenges and the split in the MDC-T are other reminders of the accumulating costs associated with the MDC brand. Splits are now almost synonymous with the brand, and this has a damaging effect on everyone who uses it, whether they are involved. In this context, the conflicts and controversies affecting the MDC-T also impact the MDC Alliance, even if it is not involved. The political market simply looks and says the MDC parties have started again. It is even worse for the external market which is not familiar with the nuances of local politics. When they hear that the MDC has split, the reaction is likely to be one of exasperation. The reputation is toxic. The MDC Alliance might feel a strong attachment to the label, but it should know that it carries the costs of whatever nonsense goes on where the label is used.</span></p>
</blockquote>
<p><span style="font-size: 14pt; font-family: 'times new roman', times, serif;">Magaisa made the remarks in his latest <strong><a href="https://bigsr.africa/bsr-things-fall-apart-at-the-judicially-reconstructed-party/">Big Saturday Read titled Things Fall Apart in The Judicially-Reconstructed Party</a></strong></span></p>
<h2><span style="font-family: 'times new roman', times, serif; font-size: 18pt;">More: <a href="https://news.pindula.co.zw/">Pindula News</a></span></h2>


Controversies Affecting Mwonzora-led MDC-T Adversely Affect Chamisa-led MDC Alliance - Magaisa

<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">Alex Tawanda MAgaisa, a former Chief of Staf in the office of a late former Prime Minister of Zimbabwe, Morgan Tsvangirai, has said holding elections under the current system is an unnecessary waste of money. He speaks as the Southern African country is gearing for byelections in the first quarter of 2022 and harmonised elections in 2023. Pindula News presents Magaisa’s Twitter thread:</span></p>
<blockquote>
<p><span style="font-family: 'comic sans ms', sans-serif;">Zimbabwe’s Harmonised Electoral System comprises 3 elections: Presidential, Parliamentary &amp; Local Authority. A political party can compete in all or some of the 3. However, to govern effectively &amp; unhindered, a party must win both Presidential &amp; Parliamentary elections.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">Winning the presidential election but losing the parliamentary race means the President will be at the mercy of Parliament which he needs to pass any laws. It creates an impasse &amp; in the worst-case scenario, the majority party might use its power to remove the President.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">Mugabe faced this problem after the dubious 27 June run-off election in 2008 because his party had lost its parliamentary majority. He would have needed the MDCs to pass laws &amp; govern effectively. It was a factor that helped push the logic of the Inclusive Government.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">One way by which a President without a parliamentary majority could work his way out of the conundrum is to form a governing arrangement with the other party. He might appoint some members as Ministers &amp; also make some policy concessions. This would be a post-electoral pact.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">I have not said much about local authority elections because they really don’t matter in the bigger scheme of things. I have written in the past how power in local authorities is an illusion because real power is retained by central government via the Local Government Ministry</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">That is why, although the MDC Alliance has traditionally won most of urban council elections, the Minister of Local Government has controlled &amp; dominated their affairs. As I said in a BSR, the MDCA councils have a huge responsibility but they do not have any power.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">The irony is that the MDCA is blamed for local authority failures but it is devoid of power. As long as the legislative &amp; governance structure retains power in the Local Government Ministry, local authority elections are a charade &amp; a huge waste of money.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">To have meaning, there’s a real need to reform the legislative &amp; power structure in local government, giving more independence &amp; control to local authorities. But ZANU PF would rather maintain the charade than undertake any serious reforms.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">Back to what really matters, both in 2013 &amp; 2018 ZANU PF took the presidential and parliamentary races, the latter by a two-thirds majority. Although much controversy centred on the presidential elections, it’s very important to pay attention to the parliamentary races.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">It’s important because even if an opposition candidate were to win the presidential race, he would be faced with a hostile Parliament in which his nemesis has immense power to even remove him from power.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">He must also have control of his parliamentary party. That’s why any coalition-building must be carefully watched. You don’t want a coalition with rogues who will leave you high and dry when you need them the most. They will leave you &amp; say we are not members of your party!</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">Events this year provide a precedent that you cannot rely on a person just because he ran under your coalition ticket. You have no control over them &amp; a coalition is not regarded as a political party. Only the sponsoring party has the power to discipline &amp; recall the MP.</span></p>
<p><span style="font-family: 'comic sans ms', sans-serif;">The long &amp; short of it is that under current system, local elections are a pointless waste of money. You must win both the presidential &amp; parliamentary elections, but if you can’t, win at least one of them. Of course, try to avoid losing both!</span></p>
</blockquote>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">There have been calls for electoral and political reforms to be implemented ahead of the 2023 elections. </span></p>
<p><span style="font-family: 'times new roman', times, serif; font-size: 14pt;">MDC Alliance leader, Nelson Chamisa previously threatened to boycott the elections if the current Zimbabwe Electoral Commission has not been reconstituted.</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>


Under Current System, Elections Are A Waste Of Money - Magaisa

<p><span style="font-family: times new roman, times, serif; font-size: 14pt;">Alex Tawanda Magaisa has said Zimbabwe has so far failed to deal with the issue of monopoly on political power because “power-broking institutions” are failing to play their role as required by the Constitution.</span></p>
<p><span style="font-family: times new roman, times, serif; font-size: 14pt;">Magaisa who is a former Chief of Staff in the Office of the late former Prime Minister of Zimbabwe, Morgan Tsvangirai, says the case is different in neighbouring Zambia and Malawi.</span></p>
<p><span style="font-family: times new roman, times, serif; font-size: 14pt;">He writes when Zambia’s opposition leader, <strong><a href="https://news.pindula.co.zw/2021/08/16/zambias-opposition-candidate-hichilema-wins-presidential-election/">Hakainde Hichilema defeated President Edgar Lungu</a></strong> in Zambia’s elections held on the 12th of August while <strong><a href="https://news.pindula.co.zw/2020/06/25/malawian-presidents-press-officer-congratulates-opposition-leader/">Lazarus Chakwera who belonged to an opposition party won the presidential elections in Malawi in 2019.</a></strong></span></p>
<p><span style="font-family: times new roman, times, serif; font-size: 14pt;">Magaisa who is also a law lecturer in the United Kingdom attributes the political developments in Zambia and Malawi to principles of democracy implemented in those countries in the 1990s. He said:</span></p>
<blockquote>
<p><span style="font-family: comic sans ms, sans-serif;">Zambia and Malawi had good precedents that were set in the first multi-party democratic elections in the 1990s when both Kenneth Kaunda and Kamuzu Banda lost and gave way to their younger challengers. That set the tone for the future. Since then, both countries have managed to go through peaceful transitions of power from the ruling party to the winning opposition. An ordinary Zimbabwean has never seen a peaceful transfer of power since independence while his Zambian and Malawian counterpart is now used to it. Their democracies are maturing while Zimbabwe’s has suffered stunted growth.</span></p>
<p><span style="font-family: comic sans ms, sans-serif;">Zimbabwe can get there too but only if the power-broking institutions play their role as required by the Constitution. The most key among these institutions in Zimbabwe’s context is the military. The relationship between the military and the party-government is one crucial element that distinguishes Zimbabwe from its neighbours.</span></p>
</blockquote>
<p><span style="font-family: times new roman, times, serif; font-size: 14pt;">He said the armed struggle created a strong bond between political and military units and that setup continued in the post-independence era where there is no clear line amongst the ruling party, state and military. </span></p>
<p><span style="font-family: times new roman, times, serif; font-size: 14pt;">Magaisa believes that the relationship between Zanu PF and the military resulted in failure to transfer power from the ruling party to opposition MDC in 2008 and remains an obstacle to this day.</span></p>
<p><span style="font-family: times new roman, times, serif; font-size: 14pt;">In 2008, President Mugabe lost to Morgan Tsvangirai in the 29 March election but the Zimbabwe Electoral Commission said he had not attained the requisite 50+1 per cent of total votes thereby prompting a runoff election that was preceded by state-sponsored violence.</span></p>
<p><span style="font-size: 14pt; font-family: times new roman, times, serif;">Magaisa believes the success of UNDP, the party led by Hakainde Hichilema, will be a great inspiration to other people struggling for political change and transformation in their countries. </span></p>
<p><span style="font-family: times new roman, times, serif; font-size: 14pt;">More: <a href="https://bigsr.africa/bsr-reflections-on-the-zambian-elections/">Alex Tawanda Magaisa Big Saturday Read</a></span></p>


Magaisa Discusses Why Zambia, Malawi, Not Zimbabwe, Addressed Power Monopoly

<p>Alex Tawanda Magaisa, a former Chief of Staff in the office of the late former Prime Minister of Zimbabwe, Morgan Tsvangirai, has suggested that the government pressured Auditor-General Mildred Chiri to omit important details in the 2019 audit report.</p>
<p>Magaisa said the omission of such details is a huge blow to principles of good governance such as transparency and accountability. In his Big Saturday Read, Magaisa said the latest report kills trust the citizenry had n the reports. He said:</p>
<blockquote><p><em>The AG has done a remarkable job in the past. Her reports have demonstrated the rot at the heart of the State and shown why the Honesty Shop is failing. This year’s report is a belated one from 2019. The delays have been attributed to the COVID19 pandemic. Regrettably, the regime appears to have exerted its considerable weight on the latest report. </em></p>
<p><em>One of the apparent weaknesses is that the report omits a lot of the names of companies and individuals that were involved in some dubious transactions with the government and its entities. Previous reports of the AG have identified such individuals and companies by name, and to that extent, the report has acted as an important naming and shaming instrument. This is important for transparency and accountability, both key constitutional values and principles. </em></p>
<p><em>The latest report appears to have been edited so that where it used to identify a company by its name, now it simply refers to “a local company”. This obfuscates where the AG is supposed to illuminate and for that reason provides unhelpful cover to dubious characters that are fleecing public resources under the guise of commercial transactions.</em></p></blockquote>
<p>Magaisa identified the failure by the Auditor-General to name and identify 7 of the 8 board members of the Zimbabwe Parks and Wildlife Authority (Zimparks) who violated the principle of conflict of interest.</p>
<p><strong>More: <a href="https://news.pindula.co.zw">Pindula News</a>; <a href="https://bigsr.africa/bsr-looting-the-honesty-shop-dissecting-the-auditor-generals-report/">Magaisa BSR</a></strong></p>


Magaisa Suggests Govt Pressured Auditor-General To Omit Important Details In Report

<p>United Kingdom-based law lecturer, Alex Tawanda Magaisa has said things might get a little messy if former Chief Justice <a href="https://news.pindula.co.zw/2021/05/15/luke-malaba-no-longer-chief-justice-high-court/">Luke Malaba appeals his ouster</a> at either the Supreme Court or the Constitutional Court.</p>
<p>Magaisa explains that all the judges who should preside over the case at the Supreme Court and or the Constitutional Court were cited in the proceedings and they would be violating the principle of nemo judex in sua causa if they seat for the appeal.</p>
<p>Nemo judex in sua causa is a Latin phrase that means, literally, no person can judge a case in which he or she is a party or in which he/she has an interest. It is a principle of natural justice. Magaisa said:</p>
<blockquote>
<p class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-6tn76"><span class="vkIF2 public-DraftStyleDefault-ltr">All the judges of the Supreme Court and the Constitutional Court are cited in these proceedings, which means they have a direct role and interest in the case. The implication is that all the judges who must constitute a hearing panel either at the Supreme Court or the Constitutional Court are conflicted: they cannot sit in judgment of a case in which they are parties.</span></p>
<div data-hook="rcv-block18">Therefore, while there will be an appeal and while the order requires confirmation of the Constitutional Court, none of the current judges are eligible to sit on the judicial panels at the Supreme Court and the Constitutional Court. Remember a constitutional crisis might occur when existing constitutional mechanisms are no longer capable of providing a solution to a dispute. Without a valid judicial panel at either superior court among the crop of current judges, another way must be found otherwise it is a cul-de-sac.</div>
<div data-hook="rcv-block19"></div>
<div class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-5s66j">One approach would be to hire a current or retired judge to fill the gap. However, the legality of an entire judicial panel consisting of acting judges might be in question. Both section 166(2) and 168(2) provide that where there is a need for an additional judge for a limited period, the Chief Justice may appoint a judge or former judge to act as a judge for that period. However, the problem with this is that following the High Court ruling, there is currently no substantive Chief Justice.</div>
<div class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-5s66j"></div>
<div class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-5s66j">But even if an Acting Chief Justice can appoint, the problem with the current one is that she is also conflicted because she is a litigant in the relevant legal proceedings. A player in the match cannot choose the referee because that would lead to bias, whether real or perceived. Therefore, as things stand, it is arguable that no one can properly and lawfully appoint members of a judicial panel, both at the Supreme Court and the Constitutional Court. They all have an interest in the matter.</div>
<div class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-5s66j"></div>
<div class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-5s66j">In any event, section 166(1) which defines the Constitutional Court makes it mandatory that it must have a Chief Justice and the Deputy Chief Justice. With Malaba’s retirement, there is no Chief Justice and, as we have already observed, both Acting Chief Justice Elizabeth Gwaunza and Deputy Chief Justice Paddington Garwe are conflicted because they are cited as parties in the proceedings…</div>
<div class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-5s66j"></div>
<div class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-5s66j">We can see the difficulty that I have referred to in recent weeks: there is a constitutional crisis when prevailing constitutional mechanisms are not able to successfully resolve a dispute. In this case, the chain of illegality is long and impossible to break.</div>
</blockquote>
<div class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-5s66j">The former Chief of Staff in the office of a former Prime Minister of Zimbabwe, the late Morgan Tsvangirai added that <strong><span style="color: #0000ff;">the validity of an appeal is in serious doubt</span> </strong>because of the complications surrounding the constitution of judicial panels both at the Supreme Court and the Constitutional Court.</div>
<div class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-5s66j"></div>
<div class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-5s66j">This is because all the judges of those courts are conflicted as they have a direct interest not only in the proceedings but also in Amendment No. 2 which makes them potential beneficiaries of the increase in the retirement age.</div>
<div class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-5s66j"></div>
<p></p>
<div class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-5s66j">
<ul>
<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-says-celebrations-over-malaba-ouster-are-premature/"><b>ZANU PF Official Says Celebrations Over Malaba Ouster Are Premature</b></a></li>
<li><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/2021/05/15/luke-malaba-no-longer-chief-justice-high-court/"><b>Luke Malaba No Longer Chief Justice – High Court</b></a></li>
</ul>
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<div class="XzvDs _208Ie _247b9 _2QAo- _25MYV eaHbJ _247b9 public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-5s66j"><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>
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Things Might Get Little Messy If Malaba Appeals - Magaisa

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<p class="js-tweet-text tweet-text with-linebreaks" lang="en">United Kingdom-based law lecturer, <a href="https://www.pindula.co.zw/Alex_Magaisa">Alex Tawanda Magaisa</a> has said the case of ousted Chief Justice Luke Malaba is an important milestone as far as democracy in Zimbabwe is concerned.</p>
<p class="js-tweet-text tweet-text with-linebreaks" lang="en">He makes the remarks when some have argued that the celebrations over the <a href="https://news.pindula.co.zw/2021/05/15/luke-malaba-no-longer-chief-justice-high-court/">ouster of the learned judge</a> were premature as he was set to appeal the High Court ruling that declared the extension of his term of office null and void. Magaisa said:</p>
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<p class="js-tweet-text tweet-text with-linebreaks" lang="en">I have immersed myself in studying the US Civil Rights Movement in the 50s &amp; 60s. The legal strategy is part of the fight for rights &amp; democratic space. It is not the only one but it is important. Knocking down the edifice of dictatorship is not a one-day event but a process.</p>
<div class="js-card-container">I remember one of the doyens of that struggle saying every struggle requires moments of victory, no matter how small. They provide a glimpse of hope; that it’s possible. We knew the regime would fight back &amp; it is. Still, we pursue; focused &amp; tenacious. Nothing lasts forever.</div>
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<div class="js-card-container">They want you to believe it’s all meaningless; to not have hope and to be fatalistic. This case has them at sixes and sevens as evidenced by the tantrums &amp; vitriol. You don’t dwell on what has happened but focus on what may happen &amp; be prepared for it.</div>
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<div class="js-card-container">There’s nothing supremely strategic about this lot. But what they think they have right now is power &amp; they simply abuse it to achieve their end. However, citizens must believe that they are the repositories of power. Without citizens there’s no nation; no one to govern.</div>
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<p></p>
<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/16/lawyers-respond-to-minister-ziyambis-attack-on-judiciary/"><b>Lawyers Respond To Minister Ziyambi’s Attack On Judiciary</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-says-celebrations-over-malaba-ouster-are-premature/"><b>ZANU PF Official Says Celebrations Over Malaba Ouster Are Premature</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>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/12/full-thread-cj-malaba-will-suffer-legitimacy-deficit/"><b>FULL THREAD: CJ Malaba Will Suffer Legitimacy Deficit</b></a></li>
</ul>
<p><b>More: <a href="https://news.pindula.co.zw/">Pindula News</a></b></p>

Malaba Case Important For Democracy - Magaisa

<p><strong>Law expert, Tinashe Hofisi has in the article below discussed term limits, retirement age and practice of Constitutional courts. The discussion comes when President Emmerson Mnangagwa has extended Chief Justice Luke Malaba’s term of office by an additional five years despite some stakeholders expressing reservations. We present Hofisi’s submissions below.</strong></p>
<blockquote><p>This post contributes to the debate over the constitutionality of the <a href="https://news.pindula.co.zw/2021/05/07/mnangagwa-signs-constitutional-amendment-bill-no-2-into-law/">2nd Amendment to the Constitution</a>. The dominant view posits that the 2nd Amendment altered a term-limit provision and thus cannot benefit any sitting judge. This post shows why this view cannot be sustained.</p>
<p>The 2013 Constitution introduced a new, stand-alone Constitutional Court and with it, a distinction between judges in general and <i>constitutional</i> judges. Whilst all judges continue to serve until the retirement age of 70, section 186(1) of the Constitution states that judges serving on the Constitutional Court can only serve for one non-renewable term of up to fifteen years. In other words, the role of constitutional judge is term-limited. This special restriction on constitutional judges is borrowed from continental Europe where it is an integral part of Constitutional Courts including those in Germany (limited to twelve years), France (limited to nine years) and Italy (limited to nine years).</p>
<p>Victor Ferres Comella explains that the non-renewable nature of the term is meant to ensure judges do not write opinions amenable to securing another term. This is by no means universal, as the term is renewable in other countries including Spain. He notes that the fixed term is exclusive to constitutional judges due to the binding nature and finality of decisions from the apex court. Judgements from lower courts are subject to appeal whilst those from the Supreme Court can be altered by ordinary legislation. On the other hand, Constitutional Court judgements cannot be  appealed and altering them requires the more onerous task of amending the Constitution itself. This heightened power is what justifies limiting the length of time for which one sits as a constitutional judge. Just as the term-limited presidency is in response to executive power, sitting on the highest court is term-limited to control the highest form of judicial power.</p>
<p>Any change to <i>this fixed term</i> cannot benefit any incumbent. Yet the 2nd Amendment to the Constitution does not change any term-limit provision. In fact, it does not change the retirement age either, which remains 70 years. The amendment gives judges of the Constitutional Court and Supreme Court the option to serve for five years beyond the retirement age, subject to acceptance of their mental and physical capacity to do so. In other words, the amendment affects judges with and without a term-limit provision. It is less to do with term limits and more about the ability to work beyond the retirement age for a period of five years.</p>
<p>Section 328 of the Constitution states that changes to a term-limit provision cannot benefit any incumbent. <a href="https://www.bigsr.co.uk/single-post/big-saturday-read-why-amendment-no-2-fails-the-section-328-test">Certain</a> people argue that the retirement age is a term-limit provision. They predicate this on the Constitution’s definition of such provision as one which limits the length of time to hold public office. However, the Constitution has clear provisions for roles limited by length of time. The presidency is limited to a length of ten years whilst the constitutional judge is limited to a period not exceeding fifteen years. Parliamentarians are limited to a renewable length of five years and permanent secretaries are limited to a length of ten years.  Commanders of the uniformed forces are limited to a length of ten years whilst the Prosecutor General is limited to a length of twelve years. Members of the Zimbabwe Electoral Commission are limited to twelve years whilst all other commissioners are limited to ten years. This is not about retirement, but the a limitation in length of incumbency. Retirement is not a limitation in length of time but attainment of age. This explains why, after expiry of the fifteen years, former constitutional judges are free to be appointed to lower courts. Whilst the term expires after fifteen years, retirement occurs at the age of 70. Retirement is not necessarily coterminous with extinction of the fixed term. Section 328(7) is thus inapplicable in the circumstances.</p>
<p>The Constitution is replete with minimum and maximum ages for various posts – that is not the same as creating a fixed length of time, beyond which incumbency cannot be held. Just as changing the minimum age to run for president would not be a change to presidential term limits, offering judges to work beyond the age of 70 is not the same as changing the term-limit of constitutional judges. Term-limits are only germane to constitutional judges, a practice originating in continental Europe and coterminous with establishment of a stand-alone Constitutional Court. Expanding that to mean all manner of judges, and thus members of the civil service, are term-limited by the mere existence of a retirement age goes beyond the scope, meaning and purpose of the Constitution’s provisions on term-limited incumbency.</p></blockquote>
<p></p>
<ol>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/07/mnangagwa-signs-constitutional-amendment-bill-no-2-into-law/"><b>Mnangagwa Signs Constitutional Amendment Bill No.2 Into Law</b></a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/04/30/prominent-lawyer-beatrice-mtetwa-speaks-on-constitutional-amendment-bill-no-2/"><b>Prominent Lawyer Beatrice Mtetwa Speaks On Constitutional Amendment Bill No. 2</b></a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/04/11/mdc-a-to-challenge-senate-approval-of-constitutional-amendment-bill/"><b>MDC-A To Challenge Senate Approval Of Constitutional Amendment Bill</b></a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/12/president-mnangagwa-extends-cj-malabas-term-of-office/"><b>President Mnangagwa Extends CJ Malaba’s Term Of Office</b></a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/12/full-thread-cj-malaba-will-suffer-legitimacy-deficit/"><b>FULL THREAD: CJ Malaba Will Suffer Legitimacy Deficit</b></a></li>
</ol>
<p><b>More: <a href="https://news.pindula.co.zw/">Pindula News</a>; <a href="http://davidhofisi.blogspot.com/2021/05/term-limits-retirement-age-and-practice.html">Tinashe Hofisi</a></b></p>

Legal Expert Discusses Term Limits, Retirement Age And Practice Of Constitutional Courts

<p>United Kingdon-based Zimbabwean law lecturer, <a href="https://www.pindula.co.zw/Alex_Magaisa">Alex Tawanda Magaisa</a> applauded Zimbabwean creative social entrepreneur, dancer promoter and arts journalist based in Germany, <a href="https://www.pindula.co.zw/Plot_Mhako">Plot Mhako</a>, for his courage by releasing an “exploitative” Nashtv-artiste contract.</p>
<p>The contract has since sparked public outrage on social media.</p>
<p>Meanwhile, Nashtv has issued a statement after Mhako had leaked the contract. <a href="https://news.pindula.co.zw/2021/04/25/full-text-nashtv-press-statement-on-artiste-contracts/">Read the full statement here.</a></p>
<p>Mhako posted on Twitter this Sunday saying he was aware there could be legal consequences for leaking the contract but he believes he made the right decision. He said:</p>
<blockquote><p><em>_Took a big risk to release that contract, I knew the possible legal implications but my inner conviction was clear. One day the generation will realise the struggle was nothing personal._</em></p>
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<p>Responding to the Tweet which spoke on the Nashtv-artiste contract, <span style="color: #0000ff;">Magaisa, the former Chief of Staff</span> in the office of the former Prime Minister of Zimbabwe, the late <a href="https://www.pindula.co.zw/Morgan_Tsvangirai">Morgan Tsvangirai</a> said:</p>
<blockquote><p><em>_You stood up for the silent. Well done. It only takes one to have the courage to stand up and speak out._</em></p></blockquote>
<p>More responses to the tweet castigated Nashtv for the “exploitative” contract. <a href="https://twitter.com/NguClayton_/status/1386255800700702721">One Clayton</a> said:</p>
<blockquote><p><em>_Reads like someone is surrendering themselves, their clan and ancestors’ graves to this company!_ <img alt="🚮" class="emoji" decoding="async" draggable="false" src="https://abs.twimg.com/emoji/v2/72x72/1f6ae.png"/></em></p></blockquote>
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<div class="js-show-this-thread"><a href="https://twitter.com/Munashe_mb/status/1386248944351645696"><b class="fullname link-complex-target">Munashe Bradnick</b> </a><span class="username txt-mute"><a href="https://twitter.com/Munashe_mb/status/1386248944351645696">@Munashe_mb</a> responded to Mhako and said:</span></div>
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<header class="tweet-header js-tweet-header flex flex-row flex-align--baseline"><em>_Pakaipa. So the contract implies artist gets nothing for his work under Nash TV or NashrTV determines whatever they want to give to the artist? Paita kukara apa._</em></header>
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<header class="tweet-header js-tweet-header flex flex-row flex-align--baseline"><em>_To infinity… they pay what they want since they control all. You can not do collabo with an artist not covered by them with such contract._</em></header>
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<header class="tweet-header js-tweet-header flex flex-row flex-align--baseline"><strong>More: <a href="https://news.pindula.co.zw/">Pindula News</a></strong></header>
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Magaisa Speaks On Nashtv-Artiste Contract Leaked By Plot Mhako

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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">Alex Tawanda Magaisa has expressed his shock following reports that the opposition MDC-T Senators including <a href="https://news.pindula.co.zw/2021/04/07/mdc-t-senators-approve-constitutional-amendment-bill/">Douglas Mwonzora had endorsed Zimbabwe’s first Constitutional Amendment Bill.</a></p>
<p class="js-tweet-text tweet-text txt-size-variable--18 margin-b--10 with-linebreaks padding-t--10" lang="en">At least 70 Senators voted for its passage while only one voted against it.</p>
<p>If signed into law by President Emmerson Mnangagwa, the amendment will give the president powers to appoint the Chief Justice, the Deputy Chief Justice and the Judge President.</p>
<p>Speaking on the development, Magaisa who is the former Chief of Staff in the office of the late former Prime Minister, Morgan Tsvangirai expressed disbelief that Mwonzora would endorse such a move. <a href="https://twitter.com/Wamagaisa/status/1379790367176937477">He said:</a></p>
<blockquote><p>I recall the epic battles in meetings at Rainbow Towers, Pandhari Lodge, Leopard Rock, etc. We stood side by side, calmly dousing the aggression of Paul Mangwana, Masimirembwa &amp; co. One of the hardest things is seeing mkoma <a class="link-complex" data-user-name="DMwonzora" href="https://twitter.com/DMwonzora/" rel="noopener user" target="_blank">@<span class="link-complex-target">DMwonzora</span></a> voting for mutilation of that Constitution</p></blockquote>
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<p class="js-tweet-text tweet-text with-linebreaks" lang="en">He could have abstained. At least Komichi said no. Whether that was tactical is another matter. But mkoma Dougie said “Aye”. “Aye” to a blatant unconstitutionality. How do you fight so hard to get a decent Constitution and then participate in its undoing? Pursuit of privilege?<img alt="🙆🏾‍♀️" class="emoji" decoding="async" draggable="false" src="https://abs.twimg.com/emoji/v2/72x72/1f646-1f3fe-200d-2640-fe0f.png"/></p>
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<div class="js-card-container">Responding to Magaisa’s shock, his followers on social media suggested the Mnangagwa-led administration was likely blackmailing him to do things “against his will”. <a href="https://twitter.com/fatso4real/status/1379789411219562505">One follower said:</a></div>
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<p class="js-tweet-text tweet-text with-linebreaks" lang="in">Kompromat yenyu mukoma. You might be surprised iriyo at play. Munhu haangamboshanduki zvakadai pasina chaitika.</p>
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<p class="js-tweet-text tweet-text with-linebreaks" lang="en">Magaisa concurred that something was not right. He added:</p>
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<p class="js-tweet-text tweet-text with-linebreaks" lang="en">It’s very difficult to imagine how a man can turn in this manner; from stridently defending the Constitution to undermining it. And all the while hope that the people can trust him with power? I guess the Rubicon was crossed a long time ago and it’s now scorched earth politics.</p>
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<p class="js-tweet-text tweet-text with-linebreaks" lang="en">Mwonzora was elected the new leader of the MDC-T party at last year’s Extraordinary congress to replace Morgan Tsvangirai.</p>
<p class="js-tweet-text tweet-text with-linebreaks" lang="en">He is one of the Movement for Democratic Change (MDC) members who have been fighting for constitutionalism in the MDC and the country at large.</p>
<p class="js-tweet-text tweet-text with-linebreaks" lang="en"><strong>More: <a href="https://news.pindula.co.zw/">Pindula</a>; <a href="https://www.pindula.co.zw/Alex_Magaisa">Alex Tawanda Magaisa</a></strong></p>
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Magaisa Remarks On Mwonzora's U-Turn From "Defending The Constitution To Undermining It"

<p class="XzvDs _208Ie ljrnk blog-post-text-font blog-post-text-color _2QAo- _1iXso wj-V5 ljrnk public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-11uv7"><span class="vkIF2 public-DraftStyleDefault-ltr PDkkw">United Kingdom-based law lecturer, Alex Tawanda Magaisa has said Professor Lovemore Madhuku’s view that President Emmerson Mnangagwa did not violate the constitution by failing and or neglecting to <a href="https://news.pindula.co.zw/2021/03/08/full-text-prof-lovemore-madhuku-on-resignation-of-vice-presidents/">inform the nation of Vice President Kembo</a> Mohadi’s resignation was not persuasive.</span></p>
<p>In his Big Saturday Read, Magaisa said there was poverty or lack of legal authorities to back up Professor Madhuku’s arguments. He added:</p>
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<p class="XzvDs _208Ie ljrnk blog-post-text-font blog-post-text-color _2QAo- _1iXso wj-V5 ljrnk public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr"><span class="vkIF2 public-DraftStyleDefault-ltr PDkkw">The purpose of section 96(2) requiring public notification serves these higher constitutional principles of transparency and accountability. Instead of justifying the exclusion of this provision, there should be more demand for its use. But this is more than an appeal to conscience. It is based on the law. If someone can persuasively argue that section 96(2) is inconsistent with the Sixth Schedule, and is, therefore, excluded from the current application, that is understandable because that is the key test that has the authority of the Constitution. So far, no one has done that, and Professor Madhuku’s approach is not persuasive.</span></p>
<p class="XzvDs _208Ie ljrnk blog-post-text-font blog-post-text-color _2QAo- _1iXso wj-V5 ljrnk public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-dtptt"><span class="vkIF2 public-DraftStyleDefault-ltr PDkkw">Finally, to the main issue, President Mnangagwa should have informed citizens when Vice President Mohadi resigned. It is not just because the law requires it. It is also because it is good practice. In the cases of dismissal of Vice Presidents, and there have been 3 in the last 7 years, the citizens have been promptly informed. Why should it be different when it is a resignation? There is no legitimate reason for the exclusion of section 96(2). There should be more, not less information promptly delivered to the citizens. The emphasis on implied terms at the expense of express terms sounds like an attempt to rewrite the constitution under the guise of sophisticated interpretation. The framers of the constitution anticipated these conflicts and created a mechanism for resolving them. There is no need to second-guess them by invoking the so-called “inner legal eye” or to re-invent the wheel.</span></p>
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<p><strong>More: <a href="https://www.bigsr.co.uk/single-post/applicability-of-section-96-2-of-the-constitution-a-reply-to-professor-madhuku">Alex Tawanda Magaisa Big Saturday Read</a></strong></p>


MOHADI RESIGNATION: Prof Madhuku’s Approach Not Persuasive -Magaisa

<p>Nelson Chamisa’s lawyer, Advocate Thabani Mpofu has tweeted suggesting that the <a href="https://news.pindula.co.zw/2021/03/08/full-text-prof-lovemore-madhuku-on-resignation-of-vice-presidents/">latest statement</a> by Professor Lovemore Madhuku was not making sense legally.</p>
<p>He tweeted after the law expert, Madhuku had given his views on whether or not President Emmerson Mnangagwa breached the Constitution by not announcing that Kembo Mohadi had resigned from the office of the Vice President.</p>
<p>Guidelines to the resignation of Vice Presidents are in section 96(2) of the Zimbabwean Constitution. It states that the president has to announce the resignation within 24 hours.</p>
<p>Madhuku had argued that section 96(2) of the Constitution does not apply to the current Vice-Presidents adding that the section will only apply to  Vice-Presidents after the coming into force of the running mate clause.</p>
<p>In response, Mpofu said Madhuku’s submission did not make sense at law and promised to issue a detailed response. He said:</p>
<blockquote><p>I have read Professor Madhuku’s latest offering. His views are not sound at law. I will do a brief response and show why. Till then, Varashiki calm down.</p></blockquote>
<p>Some say Professor Madhuku was merely protecting the President hence an enabler to the administration led by President Mnangagwa.</p>
<p>Madhuku’s view was also opposed by Dr. Alex Tawanda Magaisa, a law lecturer based in the United Kingdom who is also a former Chief of staff in the office of the later ex-Prime Minister, Morgan Tsvangirai.</p>
<p>Magaisa concluded in his recent Big Saturday Read that the argument that it does not apply to the current Vice Presidents, therefore, promptly falls away.</p>
<p>To that conclusion, Madhuku responded saying he found Magaisa’s article was “shallow and simplistic,” unless it was meant for Twitter.</p>
<p>Madhuku, Mpofu, and the UK-based Magaisa are some of the most respected legal minds in the land.</p>
<p><strong>More: <a href="https://twitter.com/adv_fulcrum/status/1368899007473459201">Thabani Mpofu</a></strong></p>


"Not Sound At Law," - Adv Mpofu Responds To Prof Madhuku's Statement

<p>Alex Tawanda Magaisa has said the expose of the <a href="https://news.pindula.co.zw/2021/03/07/vp-mohadi-stepped-on-wrong-toes/">alleged illicit affairs of former Vice President</a> Kembo Mohadi should be a worrying development for both members of the ruling ZANU PF and the opposition in the country.</p>
<p>In his Big Saturday Read, Magaisa who is the former Chief of Staff in the office of the late former Prime Minister, Morgan Tsvangirai, said the individuals who are behind the leak definitely have access to the private lives of all the people that matter.</p>
<p>He made the remarks when Mohadi had since resigned after the individuals behind the expose had showed no sign of yielding when he had made threats and also dismissed the alleged evidence as fake.</p>
<p>Mohadi was allegedly sleeping with his married aides and Magaisa says the exposure of the illicit affairs was a deliberate attempt to compel the 71-year-old to resign.</p>
<p>He also suggests that President Emmerson Mnangagwa was aware of the leaks and did nothing to stop them because the expose of Mohadi’s affairs “strengthens Mnangagwa’s hand in the party.” He added:</p>
<blockquote><p>While ZANU PF elites must fear the use of Kompromat against them, it is opposition leaders and critics who are at greater risk. While Mohadi’s was welcomed by citizens and to be fair, the man was beyond the pale, the use of Kompromat presents a serious moral hazard. This type of Kompromat represents the use of the state’s capacity to harvest information through its agencies and to weaponize it to achieve a political objective. The moral hazard is that the lack of resistance to its use might give the impression that it is a legitimate strategy. Where the current political objective is to remove Mohadi, in the future, the objective will be to go after regime opponents and critics and they will be fair game.</p></blockquote>
<p>He described kompromat as blackmailing opponents by threatening to or actually exposing private lives they would not have otherwise wished to be in the public domain.</p>
<p>The United Kingdom-based law expert said this is done for bargaining in business and political deals.</p>
<p><strong>More: <a href="https://www.bigsr.co.uk/single-post/big-saturday-read-kompromat-why-the-mohadi-case-must-worry-both-allies-opponents">Alex Tawanda Magaisa BSR</a></strong></p>


Mohadi Affairs: Opposition, ZANU PF Must Be Worried - Magaisa

<p>Alex Tawanda Magaisa has written an emotional eulogy for the late Zimdancehall chanter, Soul Jah Love whom he describes as “a phenomenon.”</p>
<p>The United Kingdom-based law lecturer takes the reader through the journey of the evolution of Zimdancehall that came to the limelight after the turn of the millennium and deliberately states Soul Jah Love’s immense contribution to the genre.</p>
<p>In his eulogy for Soul Jah Love, Magaisa also attempts at giving a practical analysis of some of Soul Jah Love’s songs which he says were a reflection of the liberation hero’s real life.</p>
<p>Magaisa who is the former Chief of Staff in the office of the late former Prime Minister, Morgan Tsvangirai, notes that Soul Jah Love’s songs reflect that he was a depressed person, especially towards his last days.</p>
<p>He adds that Chibabababa, as Soul Jah Love was known in the music circles, laments over a lot of issues and rhetorically asks when he would die to lessen the burden on those who were by his side through stormy weather. He said:</p>
<blockquote><p><em>Ndichafa riniko vazorore</em>? (When will I die so that they find rest?), he sang in one of the last of his numbers. Here was a talented young man who was in so much pain that he felt he had become a burden to those around him. His situation was so desperate that he wished for his own end to spare those who cared for him the load they were carrying.</p></blockquote>
<p>Magaisa says politicians should have been embarrassed by their pretence that they cared for the <em>Ndini Uya Uya</em> hitmaker when they watched him suffer throughout his life.</p>
<p>Soul Jah Love was declared a liberation hero, an award which Magaisa describes as politicians’ attempt at winning the hearts of mourning ghetto youths.</p>
<p>His remarks resonate with those of Chibababa’s fans who asked “where were you” when the family of Mwana waStembeni appeared at his funeral.</p>
<p>In his Big Saturday Read, Magaisa writes more on Soul Jah Love’s musical journey.</p>
<p><strong>More: <a href="https://www.bigsr.co.uk/single-post/soul-jah-love-a-brief-but-beautiful-dance" rel="noopener" target="_blank">Alex Tawanda Magaisa Big Saturday Read</a></strong></p>


Alex Magaisa Pens Heartfelt Eulogy For Soul Jah Love

<p>Alex Tawanda Magaisa has said opposition MDC Alliance led by Nelson Chamisa needs to reform from within if it has to win elections in Zimbabwe.</p>
<p>He cautioned against expecting that the ruling ZANU PF will reform and <a href="https://news.pindula.co.zw/2019/09/27/its-hard-to-imagine-the-mdc-a-winning-the-2023-elections-analyst/">create a level playfield for elections to be free and fair. </a></p>
<p>Magaisa who is the former Chief of Staff in the office of the late former Prime Minister, Morgan Tsvangirai, said usually, the focus is on what ZANU PF should do which robs the party of the opportunity to self introspect. He said:</p>
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<p class="XzvDs _208Ie ljrnk blog-post-text-font blog-post-text-color _2QAo- _25MYV _1Fao9 ljrnk public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-50aog"><span class="vkIF2 public-DraftStyleDefault-ltr">A few years ago, I explained the meaning of the notion of “discovery of ignorance”, also in the context of electoral politics. It is a concept I borrowed from Yuval Noah Harari’s Sapiens: A Brief History of Humankind. The argument is as follows: human progress is based on the admission of ignorance, because when you admit that you do not know, you invest in research to discover what you do not know, and armed with that knowledge, things are more likely to improve. If, however, you begin from the position that you know everything, you are unlikely to discover the things that you do not know and you are, therefore, less likely to improve.</span></p>
<p class="XzvDs _208Ie ljrnk blog-post-text-font blog-post-text-color _2QAo- _25MYV _1Fao9 ljrnk public-DraftStyleDefault-block-depth0 public-DraftStyleDefault-text-ltr" id="viewer-d52fc"><span class="vkIF2 public-DraftStyleDefault-ltr">After every election, the outcries over rigging are so loud that all too often, the weaknesses that may have impacted the campaign are ignored. The result is that the opposition parties go for another 5 years, demanding reforms from ZANU PF, but never attending to the weaknesses that may have affected their performance. The dominant narrative is that there was rigging. The dominant narrative obscures other narratives of the election. The problem is that any strategic errors that affected the electoral performance will be repeated in the next election.</span></p>
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<p>He added that if the opposition was to go through a process of discovering ignorance, it would invest resources in researching and reviewing the previous election and identifying the things that went wrong and things that went right.</p>
<p>Magaisa also warned that although MDC Alliance was enjoying support as the main opposition in the country, the party must know that support was not permanent.</p>
<p>He also indicated that MDC Alliance needs to reform its structures to ensure that they are in good working order across the country, especially in some rural areas where there have been weaknesses.</p>
<p><strong>More: <a href="https://www.bigsr.co.uk/single-post/big-saturday-read-political-reforms-what-the-mdc-alliance-can-do" rel="noopener" target="_blank">Alex Tawanda Magaisa Big Saturday Read</a></strong></p>


What MDC Alliance Needs To Win Elections - Magaisa

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<div class="css-901oao r-18jsvk2 r-1qd0xha r-a023e6 r-16dba41 r-ad9z0x r-bcqeeo r-bnwqim r-qvutc0" dir="auto" id="tweet-text" lang="en"><strong><span class="css-901oao css-16my406 r-poiln3 r-bcqeeo r-qvutc0">Alex Tawanda Magaisa has said the Zimbabwean government is looking for scapegoats among doctors for the resurgence of the coronavirus. Magaisa who is the former Chief of Staff in the office of the late former Prime Minister of Zimbabwe, Morgan Tsvangirai, speaks after Nick Mangwana claimed there were conspiracy theories suggesting some <a href="https://news.pindula.co.zw/2021/01/24/mangwana-political-players-being-eliminated-in-hospitals/">doctors were deliberately killing politicians in hospitals</a>. We present below Magaisa’s Twitter thread.</span></strong></div>
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<div class="css-901oao r-18jsvk2 r-1qd0xha r-a023e6 r-16dba41 r-ad9z0x r-bcqeeo r-bnwqim r-qvutc0" dir="auto" id="tweet-text" lang="en"><span class="css-901oao css-16my406 r-poiln3 r-bcqeeo r-qvutc0">For a former nurse, Secretary Mangwana displays pedestrian thinking. He &amp; his chums were openly violating COVID-19 rules as if they were special. They were holding useless meetings &amp; parties. Now he’s peddling conspiracy theories &amp; looking for scapegoats among doctors &amp; nurses</span></div>
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<div class="css-1dbjc4n r-xoduu5 r-1udh08x">This is a reminder to self-proclaimed moralists who were busy lecturing citizens about ubuntuism. A friend often says, “ZANU haichinji”. Here is the regime spokesman, living up to its high standards &amp; upholding the values of ubuntuism by accusing medics of conspiracy &amp; murder</div>
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<div class="css-1dbjc4n">The regime always tells opposition people to go to the police whenever they allege criminal acts against them by its agents. Well, Secretary Mangwana should take a dose of that prescription and proceed to <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/PoliceZimbabwe" role="link">@PoliceZimbabwe</a> </span>to report the crimes. Twitter is not a police station.</div>
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<div class="css-1dbjc4n">If he does not make a report, then <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/PoliceZimbabwe" role="link">@PoliceZimbabwe</a> should kindly invite him for a conversation because by peddling conspiracy theories under the guise of third party reporting, Mangwana is causing “alarm and despondency”. Isn’t that phrase one of the regime’s favourites?</div>
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COVID-19: Govt Looking For Scapegoats Among Doctors -Magaisa

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<p class="js-tweet-text tweet-text with-linebreaks" lang="en">Interim Secretary-General of the opposition MDC-T, Senator Douglas Mwonzora has said the Supreme Court was yet to grant the application for an extension of the party’s Extraordinary Congress.</p>
<p class="js-tweet-text tweet-text with-linebreaks" lang="en">Mwonzora was responding to a question by Alex Tawanda Magaisa a law lecturer in the United Kingdom and former Chief of Staff in the office of the former Prime Minister, the late Morgan Tsvangirai.</p>
<p class="js-tweet-text tweet-text with-linebreaks" lang="en">The party was stopped from holding the court-sanctioned congress on 31 July with authorities citing the coronavirus pandemic as the hurdle. Magaisa had asked:</p>
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<p class="js-tweet-text tweet-text with-linebreaks" lang="en">Did the Supreme Court grant your party an extension to the 31 July deadline for the EC (Extraordinary Congress)? … Did you get an extension? It’s a yes or no answer.</p>
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<div class="js-card-container">In response, Mwonzora said:</div>
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<p class="js-tweet-text tweet-text txt-size-variable--18 margin-b--10 with-linebreaks" lang="en">The Supreme Court is yet to grant the application for an extension Doc.</p>
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<p class="js-tweet-text tweet-text txt-size-variable--18 margin-b--10 with-linebreaks" lang="en">The congress was premised at electing a replacement to the party’s founding leader, Morgan Tsvangirai who died in 2018.</p>
<p class="js-tweet-text tweet-text txt-size-variable--18 margin-b--10 with-linebreaks" lang="en">Since his departure from the political arena, the party he founded has being submerged under a serious leadership crisis that has spilt into courts.</p>
<p class="js-tweet-text tweet-text txt-size-variable--18 margin-b--10 with-linebreaks" lang="en">MDC Alliance leader, Nelson Chamisa and MDC-T interim president, Thokozani Khupe have been the main contenders for the presidential post.</p>
<p class="js-tweet-text tweet-text txt-size-variable--18 margin-b--10 with-linebreaks" lang="en">Meanwhile, members of the MDC Alliance say they will not attend the congress as it has nothing to do with their party.</p>
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MDC Yet To Be Granted Application For Extension Of Congress - Mwonzora

<p>Alex Tawanda Magaisa, the former Chief of Staff in the office of the former late Prime Minister of Zimbabwe Morgan Tsvangirai has said the government is likely denying the reports of a plot to oust President Mnangagwa because the coup de tat was indeed or is still in motion.</p>
<p>Magaisa speaks after the Minister of Home Affairs, Kazembe Kazembe and the Joint Operations Command (JOC) on Wednesday dismissed reports which suggest that there is a plot to dislodge president Mnangagwa from power.</p>
<p>Responding to the government’s statement, Magaisa who is also a law lecturer in the United Kingdom said:</p>
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<p class="font_8">One theory is that the statement is an admission that there is or was a coup brewing. Observant Zimbabweans who are used to their government’s ways say whenever it denies something, it’s usually because it’s true. This, they have learnt from experience. If they are denying something, it’s because they want to cover up. Why, many have asked, would the national security agency come out to deny rumours of a coup, especially when the claim that the rumour is “widespread” is patently false?</p>
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<p class="font_8">He added that many Zimbabweans claim that they had not heard of the rumour until the government issued the statement denying its existence and now they find it hard to believe the government since it previously dismissed as false some reports which later turned out to be true.</p>
<p>Magaisa also said another theory to explain the dismissal of the reports is that Mnangagwa administration is manufacturing rumours of a coup to deceive enemies.</p>
<p>He also suggested that the government intends to use the rumours for the purpose of creating justification of a clampdown on the opposition as what happened during the Matebeleland and Midlands massacres of the 1980s known as Gukurahundi.</p>
<p><strong>More: <a href="https://www.bigsr.co.uk/single-post/2020/06/10/BSR-Why-are-Zimbabwes-Generals-denying-rumours-of-a-coup">Alex Magaisa</a></strong></p>
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"When Govt Denies Something, It’s Usually Because It’s True," - Magaisa On Plot To Oust ED

<p>Alex Tawanda Magaisa, a law lecturer in the United Kingdom has claimed that the ruling ZANU PF is planning to have a Government of National Unity with a weakened opposition.</p>
<p>Posting on Twitter, Magaisa said:</p>
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<p class="js-tweet-text tweet-text with-linebreaks" lang="en"><strong>What is the game plan? </strong></p>
<p class="js-tweet-text tweet-text with-linebreaks" lang="en"><strong>1. The regime wants a GNU with a weak and submissive opposition it can control. They can tell the world that they are now working with the MDC. The regime identified a weak seam in the opposition – a coterie of the disgruntled keen to join the gravy train</strong></p>
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<p class="js-tweet-text tweet-text with-linebreaks" lang="en"><strong>2. They want to amend the law in order to get rid of by-elections. Having dubiously &amp; scandalously awarded the MDC Alliance seats to Khupe &amp; associates they can fill the seats left vacant by any recalls without any contest, eliminating the risk of losing.</strong></p>
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<p class="js-tweet-text tweet-text with-linebreaks" lang="en"><strong>3. The GNU agreement will include a constitutional amendment to avoid elections for 7 years on the grounds of focusing on the economy. They will invite various “stakeholders” (make that stakeholders) including civil society &amp; churches to make it look inclusive. A political fraud</strong></p>
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<p class="js-tweet-text tweet-text with-linebreaks" lang="en"><strong>4. There will be a concurrent campaign to discredit Chamisa and his colleagues in the MDC Alliance, including Tendai Biti and Welshman Ncube. Virtually anything. Current MPs are already being offered trinkets and receiving threats in a carrot and stick strategy.</strong></p>
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<p class="js-tweet-text tweet-text with-linebreaks" lang="en"><strong>5. But none of this will confer legitimacy on the regime. The plan is to crush the head of the MDC Alliance with the help of opposition enablers. However, stealing opposition seats is one thing. Winning the hearts &amp; minds of opposition supporters is a different proposition.</strong></p>
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<p class="js-tweet-text tweet-text with-linebreaks" lang="en"><strong>6. Manipulating political institutions and rearranging the deck chairs of the struggling ship is one thing. Saving it requires a lot more than that. The international community, whose support the regime is desperate for can see through these hideous political machinations.</strong></p>
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<p><strong> 7. None of the opposition characters that the regime has courted has the political capital to provide the respect &amp; recognition that it’s desperate for in the international community. They know it but they will be very happy to join the feeding trough. So brace for a dubious GNU</strong></p></blockquote>
<p><strong>More: <a href="https://twitter.com/Wamagaisa/status/1258084453567672320">Alex Tawanda Magaisa</a><br/>
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"Brace For A Government Of National Unity" - Magaisa

<p>Alex Tawanda Magaisa a former advisor to ex-Prime Minister Morgan Tsvangirai has said that the policies which are being implemented by President Emmerson Mnangagwa’s government failed during Mugabe’s era.</p>
<p>These remarks which are in Magaisa’s Big Saturday Read are said when the government has subsidised mealie-meal which is related to the Basic commodities (BARCOSI) initiative that was introduced by the former governor of the Reserve Bank of Zimbabwe, Gideon Gono during the 2007-8 hyperinflation era.</p>
<p>Magaisa says:</p>
<blockquote><p><strong>Haven’t we been here before?</strong></p>
<p><strong>The introduction of roller meal coupons sounds like something we have seen before. Former Reserve Bank Governor, Gideon Gono must be watching all this &amp; feeling somewhat vindicated. PEPs must be very happy.</strong></p></blockquote>
<p>For more, read the <strong><a href="https://www.bigsr.co.uk/single-post/2020/02/15/Big-Saturday-Read-Havent-we-been-here-before">Big Saturday Read (BSR).</a></strong></p>
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"ED's Govt Implementing Policies Which Failed During Mugabe's Era," Magaisa BSR

<p>Alex Tawanda Magaisa a law lecturer in the UK and also a former advisor to the founding father of the opposition MDC, Morgan Tsvangirai, has opined that the ruling ZANU PF is legally allowed to amend the constitution since it has a two-thirds majority in Parliament.</p>
<p>His remarks come when the ZANU PF’s proposal to amend the 2013 Constitution has raised eyebrows and has also infuriated opposition parties and human rights defenders who are of the view that amendments are taking Zimbabwe aback as far as democracy is concerned.</p>
<p>But Magaisa said that despite the intentions and the consequences of the proposed amendments, ZANU PF can still amend the constitution. He said:</p>
<blockquote><p><strong>Therefore, as far as ZANU PF is concerned, it is perfectly entitled to amend the constitution because it has the numerical authority to do so. For them, procedural legality is a good enough reason to carry out the amendments. The problem is that procedural legality is unconcerned with the quality of amendments.<br/>
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<p>Among other issues, the proposed amendments seek to remove the Presidential running mate clause which NCA president, and Constitutional law expert, <a href="https://news.pindula.co.zw/2020/01/31/proposed-constitutional-amendments-get-the-nod-from-polad/">Professor Lovemore Madhuku said is dangerous to a sitting president.</a></p>
<p>Meanwhile, <a href="https://news.pindula.co.zw/2020/01/24/full-text-mdc-calls-upon-members-of-the-public-to-join-them-in-taking-action-against-proposed-constitutional-amendments/">MDC is mobilising members of the public to oppose the proposed constitutional amendment.</a></p>
<p><strong>More: </strong><a href="https://www.bigsr.co.uk/single-post/2020/02/01/Big-Saturday-Read-Critical-review-of-Constitutional-Amendment-No-2-Part-1"><strong>Alex Tawanda Magaisa BSR</strong></a></p>
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Former Advisor To Tsvangirai Says ZANU PF Can Legally Amend The Constitution

<p>Alex Tawanda Magaisa, the former advisor to MDC founding father Morgan Tsvangirai has said that technocrats who are working with the government of President Emmerson Mnangagwa were being used by the government and not vice versa.</p>
<p>He said that they were being used to sanitize the repressive regime which would use their presence to enhance the view that it is both inclusive and tolerant. He said:</p>
<blockquote><p><strong>What these business and intellectual elites do not realise is that their mere presence in the regime is enough for the regime leaders. They think they are using the regime but in fact it is the regime that is using them. The repressive regime is more astute and cunning than they imagine. </strong></p>
<p><strong>They present a perfect facade of normalcy which is designed to cover the sordid reality of the regime. Their presence goes some way to legitimating the regime; giving the impression that it is so good that respectable professional are only too happy to work with it.</strong></p></blockquote>
<p>His remarks come amidst attacks on former advisor to Mnangagwa, Petina Gappah by some members of the public.</p>
<p>Gappah, like other members of the Presidential Advisory Council, says that she intended to influence transformation in government.</p>
<p><strong>More: </strong><a href="https://www.bigsr.co.uk/single-post/2019/12/14/Big-Saturday-Read-The-regime-and-its-enablers"><strong>Big Saturday Read</strong></a></p>


"Enablers Think They're Using The Regime, But It's Vice Versa," Alex Magaisa

<p><a href="https://www.pindula.co.zw/Hopewell_Chin%27ono">Alex Tawanda Magaisa</a>, a former advisor to the late former Prime Minister of Zimbabwe, Morgan Tsvangirai has brought to remembrance how he warned president Emmerson Mnangagwa concerning the leakage of gold to other countries.</p>
<p>This comes when Finance Minister, <a href="https://zero.pindula.co.zw/34-tonnes-of-gold-smuggled-to-south-africa-mthuli-ncube/">Mthuli Ncube revealed that about 34 tonnes of Zimbabwe’s gold</a> were being smuggled out of Zimbabwe through the country’s porous borders.</p>
<p>Below is his 2018 twitter thread showing why gold is being smuggled out of the country.</p>
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<li lang="en">Watched ED at the ZNCC conference. His reasoning on forex earnings retention by exporters: “To allow people to keep their foreign currency would be disastrous,” he said. What is disastrous is taking their forex &amp; giving them RTGS/Bond Notes on the 1:1 fallacy because it’s theft.</li>
<li lang="en">I don’t know why ED thinks it’s disastrous to give exporters their earnings. Does he not realise that deliveries of gold to the RBZ have declined &amp; a negative forex retention policy is a major disincentive? Gold producers are now using informal channels, i.e. the black market?</li>
<li lang="en">When ED was told there’s policy discord on currency reform and asked to clarify his Cabinet’s position on currency, he simply ducked the issue, blamed the past and asked the interlocutor to not live in the past. He simply avoided the question. It doesn’t inspire confidence.</li>
<li lang="en">RBZ Governor Mangundya gave an uninspiring answer to a foreign investor who asked how challenges of forex affect profits &amp; dividends repatriation. He went legalistic saying the law allows repatriation, which wasn’t really the issue. The question was over practicalities.</li>
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<p><strong>More: </strong><a href="https://twitter.com/Wamagaisa/status/1070624428420157441"><strong>Alex T Magaisa</strong></a></p>
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