A open to Hon. Themba Mliswa on the prescripts of the law, by Ms. Miriam Mutizwa – Part 1

On Thursday, 27 December, 2018, Ms. Miriam Mutizwa, who like many Zimbabweans in the diaspora listened attentively to Hon. Themba Mliswa’s interview with Simba of Zimeye.net, was concerned that a number of allegations were made which strike at the heart of the global concerns about the character of former Mugabe’s administration and whether the promises to restore the rule of law can be honoured.

Below is the video whose contents form the subject matter of Ms. Mutizwa’s letter to Hon. Mliswa that is set out below:

In response, to the tweet by Mr. Mawere that as set below, Ms. Mutizwa said that: “He (Hon Mliswa) is implicating @edmnangagwa in shoddy dealings with the law. Aren’t there procedures at law to deal with business matters? Why does a political office bearer need “giving” to biz?

The letter reads as follows:

“Dear Hon. T. Mliswa,

I am writing this letter in response to what you said as contained in the video above.

You may remember that I was one of the most active members in the Friends of SMM (FOSMM) WhatsApp group that you unceremoniously vacated from after it was revealed in the group that you had said the the Reconstruction of State-Indebted Insolvent Companies Act is a good law.

I felt it is important that I remind you of what was reported then on Bulawayo News 24 on 10 November 2018 as follows:

You said that: “whilst the Reconstruction Act is a good legislation, and this admission on your part caused a lot of controversy in the FOSMM group resulting in your departure.

Mr. Elvis Mugari, has also expressed concern about your allergy to criticism.

I joined the FOSMM group recently following the placement of Hwange Colliery Company Limited (Hwange) under the control of an Administrator pursuant to the operation of the Reconstruction Act.

I am sure by now you know my personal position on this law and why I believe that it is in the interests of justice that this law be repealed urgently.

I also belong to a number of WhatsApp groups in which the existence and operation of this law is a key borne of concern about the integrity of this administration whose Attorney General, Mr. Machaya, who appeared before your Committee on 19 November 2018 telling your Committee that reconstruction is akin to a judicial management.

My concerns have been shared openly and transparently. I was disappointed like many in the FOSMM group that you chose to leave the group instead of defending your position that a law that deprives and divests shareholders of their rights and freedom without following the due process of the law can be considered to be constitutional.

You have sought to avoid defending your position in private groups like WhatsApp choosing to make bombastic statements in the public media to the effect that these groups represent Mr. Mawere’s stratagem of creating groups to lobby for the return of his companies.

You have also sought to attack people like who have been vocal on the critical importance of repealing laws like the Reconstruction Act suggesting that we are part of Mr. Mawere’s public relations machinery.

You have also said that Mr. Mawere is putting words into a person like without caring to ask me directly whether the views expressed in my writings represent my own convictions or are borrowed from another person.

I found myself being attacked directly by Mrs. Tsitsi Masiyiwa who like you made the same allegations that I was a hired gun when she tweeted as follows:

“Some outcries and actions in pursuit of justice seem and look so right until you discover the source of the outcry and sponsor of the cause. Take a step back and reflect on some of the things we consider good and just causes.”

I find it disturbing that while people like you imply that Mr. Mawere is a desperate, failed and broke businessman, when it suits you, you then give him credit for causing people like me to be activists on matters where I believe justice has not been served.

As I was listening to your words this morning, I could not help but pause and reflect whether your claim that you know all that is to be known in relation to the facts surrounding the decision to introduce the Reconstruction Act and implement it in relation to SMM Holdings Limited (SMM) should not qualify you as a key witness to the Committee that you chair.

I was looking forward to Mr. Mawere appearing before the Committee but after listening to you, it seems that you ought to be a key witness for us to know under oath the basis on which you boldly stated that the then Justice Minister and now President Emmerson Mnangagwa was the driving mind behind the acquisition of SMM.

I would have thought that the information that has been openly shared by Mr. Mawere in the WhatsApp groups that you now condemn is and would have been sufficient to dispose of the allegations of the role President Mnangagwa is alleged to have played in the acquisition of a private company in which he had no direct or indirect pecuniary interests.

You have alleged that Mr. Mawere was part of a defined and discrete Karanga empowerment project that was presumably led by President Mnangagwa.

To date, it is instructive that President Mnangagwa has never said a word about his alleged role in the acquisition of SMM. It is for this reason, that I am writing this letter in the hope that Mr. Nick Mangwana can notice of your allegations which go a long way towards discrediting President Mnangagwa’s integrity and promises of real forms towards constitutionalism.

This letter was shared in all the WhatsApp groups that Mr. Mawere belonged. You will note that the letter was addressed to the late Vice President Muzenda who you have suggested as one of Mawere’s state helpers in relation to the acquisition.

It is clear that Mr. Mawere was not at the meeting that was held by Mr. Carruthers with the late Vice President.

In this letter addressed to Mr. Mawere who was based in South Africa, the representative of the seller, T & N Plc, states categorically that he had informed the late Vice President that the T & N as the seller had entered into an arms’ length deal that they were anxious to complete yet you also state as fact that the deal was completed from inception by way of a government guarantee.

The above information including how Mr. Mawere approached the seller as an unsolicited suitor was shared in an open and transparent manner in the group that you have been a member of.

In the FOSMM, we were also privileged to receive a copy of the Sale and Purchase Agreement dated 7 March 1996 or a year before the late Vice President Muzenda met any representative of T & N. I had thought that having this information in our possession would have discouraged a person of your standing from advancing an alternative a fictitious narrative.

If the late Vice President Muzenda was indeed a member of the ZANU-PF society of corporate helpers (SCH) who assisted Mawere then why did he not meet the sellers prior to the deal. In addition, you have represented that President Mnangagwa was Mawere’s alter ego yet the facts of this matter show that at no stage did President Mnangagwa meet the sellers of the company before and after the deal was done.

The above information among many other documents that I will share with the public leads me to conclude that either you are disingenuous in your approach to the Reconstruction Act and how it was implemented in relation to SMM or you wish to assassinate the character of Mr. Mawere.

I was not sure why you left the group in a hurry but now I am beginning to understand that you could be part of a bigger plot machination to conceal the real driving agents of the bad acts that characterised the Mugabe regime which you have now confessed publicly about.

This is my Part 1 of what I believe will be a long conversation on matters that arise from your interview above.

I trust that you will find this conversation in good taste and, therefore, necessary in order to lay bare all the pertinent facts that some of us have been privileged to have access to.

Regards,”

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