- [1:51 PM, 11/12/2016] Shingai Ndoro: Freddy Mutanda has challenged the constitutionality of the PPTMA!
- [8:05 AM, 11/13/2016] Tapuwa Chitambo: Good morning friends.
- [8:05 AM, 11/13/2016] MD Mawere: Morning
- [8:16 AM, 11/13/2016] Azon Streita: Good morning
- [8:19 AM, 11/13/2016] +27 78 132 7477: Morning cde
- [9:10 AM, 11/13/2016] Tapuwa Chitambo: In conclusion what are we saying on the issue of this Act, was it legal in the last constitution? Is it legal in the current constitution? If it is not then what is the way forward in terms of challenging its existence and then its application in the SMM issue and other issues? After all this legal debates I believe we must come to a conclusion and map way forward.
- [9:11 AM, 11/13/2016] MD Mawere: Morning Sir. Thanks for pushing for the next step.
- [9:21 AM, 11/13/2016] JNS Musara: Point of info: when i asked the qstn”When did Dr Mujuru realize the PPTMA is unconsttnal” i was pointing at political expediency of Dr Mujuru. Not that i was saying pple shld not challenge the constitutionality of that law.I do think that where the Consttn and Acts of Parly are inadequate to deal with an urgent matter, the President shld have limited power to invoke PPTMA rather than do nothing. And if its established that invoking the PPTMA was not necessary then that shld be grounds for impeachement.
- [9:24 AM, 11/13/2016] Ras: No Cde Jones the President should not have powers to use PPTMA..if she or he needs to invoke a state of emergency there are laid down procedures for doing so. We should allow law makers to make laws
- [9:25 AM, 11/13/2016] JNS Musara: but Cde, where its inexpedient to wait for Paly to convene moda kuti zviitwe sei?
- [9:26 AM, 11/13/2016] MD Mawere: I think by now you are familiar with the facts of SMM. If were the Minister of Justice or friendly to him, what would be a reasonable pedestrian attitude to the use of public power and the morality of what informed the birth of the regulations that preceded the Reconstruction Act?
- [9:26 AM, 11/13/2016] JNS Musara: its like saying an arrest must be never made without a warrant
- [9:26 AM, 11/13/2016] Ras: What for instance could be so urgent Cde that parly can’t wait
- [9:26 AM, 11/13/2016] MD Mawere: I don’t think anyone is saying this.
- [9:26 AM, 11/13/2016] +263 73 411 3006: With the caliber of MPs. PPTMA should remain in place
- [9:27 AM, 11/13/2016] JNS Musara: if a Police officer sees a thief breaking into a house, mupurisa omboyenda kucourt to apply for warrant of arrest mbavha yakangomira?
- [9:27 AM, 11/13/2016] MD Mawere: Valid question. What could have been Mugabe’s state of mind and knowledge compelling him to use reserved powers?
- [9:29 AM, 11/13/2016] JNS Musara: Cde Ras: unforeseen circumstances wc we dont know tl they happen. As u know, MPs are not prophets.When they make Acts of Parly they cant possibly foretell everything that wl happen in the future.Where Acts of Parly and Consttn are inadequate surely President shld invoke PPTMA as long its in national interest
- [9:31 AM, 11/13/2016] JNS Musara: Maybe going to Parly with Bond Notes Bill wld have made it easier for cash barons to predict when Bond notes wld be introduced.
- [9:32 AM, 11/13/2016] MD Mawere: We are talking about SMM. Can we at least focus on the agenda? There are questions above that are waiting for your attention.
- [9:33 AM, 11/13/2016] JNS Musara: noted
- [9:34 AM, 11/13/2016] Mahlangu: What are the questions Mr Mawere? May you kindly repost them
- [9:34 AM, 11/13/2016] Ras: What do u mean by calibre of MPs. So if MPs are not good enough we should concentrate power in the executive?
- [9:36 AM, 11/13/2016] Ras: I’m very hesitant to give a President not just this one but even Cde Egypt Dzinemunnenzva such excessive powers
- [9:37 AM, 11/13/2016] MD Mawere: Constitutionalism has nothing2do with merit but the cardinal fact that public power is sacred&cannot and should not be used outside the prescripts of the law. It is not Mugabe’s country and no public officer can use power derived from the people outside the intended four corners.
- [9:38 AM, 11/13/2016] MD Mawere: We are not yet in Egypt. Let us stick to the subject country, actors and actions.
- [9:39 AM, 11/13/2016] Ras: Well put Dziva. I couldn’t have said it better
- [9:40 AM, 11/13/2016] Ras: I’m not referring to Egpyty the country but Egypty Dzinemunnenzva a perpetual Presidential hopeful in Zim
- [9:40 AM, 11/13/2016] MD Mawere: Sorry
- [9:43 AM, 11/13/2016] Mahlangu: Kkkkkkkk
- [9:45 AM, 11/13/2016] +263 73 411 3006: We need to have a balance and the PPTMA should be part of that.
- [9:46 AM, 11/13/2016] Ras: The calibre of MPs should never be an excuse for us to give the executive powers to enact laws
- [9:49 AM, 11/13/2016] +263 73 411 3006: I think you are mistaken. The PPTMA does not give powers to the executive to enact laws. But it does however gives them room to maneuver when necessary, albeit temporarily. We are not Medes and Persians
- [9:51 AM, 11/13/2016] Ras: I’m not mistaken at all. The PPTMA allows the President to enact laws, check the Act again. That’s why I personally share the view that it’s unconstitutional.
- [9:53 AM, 11/13/2016] MD Mawere: Indeed the Act permits the use of executive orders and the use of regulations as precursors to laws passed by Parliament. These powers are not unique to Zimbabwe.
- [9:53 AM, 11/13/2016] +263 73 411 3006: Ok. Let’s try this. Who enacted the PPTMA? If they those in parly no longer think it’s necessary, let them repeal it. Otherwise it is very very lawful
- [9:55 AM, 11/13/2016] MD Mawere: It is an Act of Parliament and even the MPs in this group may see no evil in using it. The question is whether applying the law in relation to the facts and circumstances of SMM fell within the prescripts of the constitution.
- [9:57 AM, 11/13/2016] Ras: Any law that is ultra vires the constitution should be repealed. Why shld we go the laborious route of taking all these bad laws to the constitutional court
- [9:58 AM, 11/13/2016] +263 77 248 6483: Indeed the PPTMA allows the president on his own to make or amend law, outside parliament. I strongly believe its unconstitutional and pervasive. Remember in 2008, in the dead of night the president amended the electoral act which barred police from stationing themselves inside polling stations but where to stay 100 m away…
- [9:59 AM, 11/13/2016] +263 77 248 6483: And ordered them back into popping stations
- [10:02 AM, 11/13/2016] MD Mawere: An attack of this nature doesn’t need SMM as the only reference. In fact we can start a new group Friends of Constitutionalism (FOC) to test the matter and let the court decide and provide clarity of the morality and legal basis of clothing a individual with the power that is ordinarily reserved for independently elected office bearers.
- [10:11 AM, 11/13/2016] Tapuwa Chitambo: Indeed it seems we are circling around. Can we pliz focus on way forward?
- [10:12 AM, 11/13/2016] MD Mawere: Provide direction SG?
- [10:13 AM, 11/13/2016] +263 73 411 3006: As Mutumwa always says, the constitution is a human construct. It can be ammended. Let’s ammended it
- [10:22 AM, 11/13/2016] Tapuwa Chitambo: We have established the Recon Act is unconstitutional according to the previous and current constitution. The only way forward will be to put pressure on the powers that be to act to repeal this Act. Let’s have lawyers working on the points of action. @ Pamberi Tanda I agree with you it is a human construct which can be amended.
- [10:34 AM, 11/13/2016] Tinashe Mpasiri: What baffles me is that on this platform is, there are legal experts, individuals that I look up to, to promote justice and the saddest thing, having established that the Recon is unconstitutional, they see no evil at all in the case of SMM.
- [10:37 AM, 11/13/2016] Tapuwa Chitambo: U nailed it cde.
- [10:39 AM, 11/13/2016] Tinashe Mpasiri: And we cry foul that there are no good leaders. Yet the same people who cry foul are the ones who choose to remain silent on matters that need their voices and require their participation
- [10:49 AM, 11/13/2016] Tapuwa Chitambo: What needs to be done is to persuade the court that its previous decision was wrong so we implore them to take the right decision.
- [11:15 AM, 11/13/2016] MD Mawere: Do you want to link the FOSMM to the previous constitutional challenges?
- [11:18 AM, 11/13/2016] MD Mawere: The above
- [11:18 AM, 11/13/2016] MD Mawere: Can we focus on the morality and constitutionality of thr
- [2:57 PM, 11/13/2016] +263 77 700 5959: You have given an adequate explanation of the reasons why it is necessary in certain circumstances for the President to be clothed with law making powers. The position under PPTMA that the President under certain circumstances as prescribed therein can make some regulations is not as bad as it seems as it is known for the Legislature to delegate it’s law making powers to certain individuals. Parliament can not possibly foresee circumstances were the laws that they make will be inadequate to deal with certain situations that may arise in future. Our displeasure of this position should not be informed by our experience of abuse of this power in the past by those to whom the power had been delegated. However, I believe that the PPTMA is unconstitutional to the extent it provides that the President can make law which can amend an Act of Parliament. I believe the enactment of Acts of Parliament should be the sole preserve of the Legislature.
- [3:52 PM, 11/13/2016] Mahlangu: I love this!
- [4:13 PM, 11/13/2016] MD Mawere: Do you think there is a merit in challenging the constitutionality of the recon regulations using the SMM case?
- [7:46 PM, 11/13/2016] +263 77 700 5959: Well I think the regulations can be challenged if they are still in existence and if they are unconstitutional.
- In any case what was the substance and subject matter of the regulations. Please clarify a bit.?
- [7:49 PM, 11/13/2016] MD Mawere: You are aware that when SMM was placed under the control of an Administrator, there was no law allowing for it hence the introduction of the regulations pursuant to the operation of the PPTM.
- [7:51 PM, 11/13/2016] +263 77 700 5959: So you mean the regulations were put in place specifically for the purposes of putting SMM under the control of an Administrator..?
- [7:52 PM, 11/13/2016] MD Mawere: Those are the facts
- [7:59 PM, 11/13/2016] +263 77 700 5959: aah that was an instance of arbitrary exercise of power.
Who passed the Act of Parliament. Is it the regulations you were talking abouta. Was the exercise of the power to pass the regulations by the President reviewed in a court of law assuming that there were grounds for review.?
- [8:07 PM, 11/13/2016] +263 77 700 5959: I think I will need to go through the PPTMA to see if the Minister had such powers in terms of that Act to pass such regulations. If he had then the next question would be were the regulations or the Act of Parliament under which they were passed Constitutional??
- [9:47 AM, 11/14/2016] Tapuwa Chitambo: Good morning
- [10:54 AM, 11/14/2016] Norman Mukandagumbo: morning everyone
- [12:43 PM, 11/14/2016] Tawanda Madamombe: Morning 1:52 0:50 Impact of Insolvency Bill on economy | The Heraldwww.herald.co.zw
- [5:56 AM, 11/15/2016] MD Mawere: http://www.herald.co.zw/impact-of-insolvency-bill-on-economy/
- [6:22 AM, 11/15/2016] Owen Magocha: Congratulations to Zimbabwe we surely need BUSINESS rescue and insolvency
- [6:30 AM, 11/15/2016] MD Mawere: Do you see the joke? No reference to the Recon Act that was given birth to do this precise job.
- [6:38 AM, 11/15/2016] Owen Magocha: I think this is the real Act not the Recon this is the modern legislation applicable in many democracies
- [6:39 AM, 11/15/2016] Owen Magocha: Why should it make reference to Recon Act it’s independant piece of a bill
- [6:41 AM, 11/15/2016] MD Mawere: The hypocrisy. Recon Act seeks to create a new category of companies allegedly state indebted and it is not clear whether judicial management will be applicable as it will conflict with the process applicable for state indebted companies.
- [8:54 AM, 11/15/2016] Shingai Ndoro: Is the State Liabilities Act subservient to the Reconstruction Act?
- [8:57 AM, 11/15/2016] MD Mawere: The relevance?
- [9:20 AM, 11/15/2016] Shingai Ndoro: Was there any need of a Reconstruction Act when there is a State Liabilities Act if the basis was factual?
- Is there any need of Reconstruction Act when there is an Insolvency Act?
- [9:23 AM, 11/15/2016] Owen Magocha: Definitely not. Insolvency Act is the best alternative bringing in business rescue
- [9:24 AM, 11/15/2016] Owen Magocha: Wether voluntary sequestration or not insolvency law will act to advantage of both creditors and debtors
- [9:25 AM, 11/15/2016] Shingai Ndoro: What was the reasoning in avoiding both State Liabilities Act and Insolvency Act?
- [9:34 AM, 11/15/2016] MD Mawere: Mischief
- [9:45 AM, 11/15/2016] Shingai Ndoro: The Hon needs to pose these questions
- Assuming that SMM owed some statutory bodies, why did the minister not use their enabling acts of the statutory bodies. The same bodies are legal personas or juristic bodies.
- The justice minister has to explain why he passed the statutory bodies’ own line ministries and the debt collection mechanisms.
- Assuming that the statutory were owed by SMM, can the justice minister show evidence that the Insolvency Act was not sufficient.
- Assuming that SMM owed the state through the statutory bodies, can the justice minister show cause why the State Liabilities Act was not sufficient and relevant.
- [9:47 AM, 11/15/2016] MD Mawere: You are in possession of facts and still ask questions. There is no IF when the facts exist.
What are the facts?
- [9:48 AM, 11/15/2016] Shingai Ndoro: I have the facts but when it’s in the parliament, he needs to expose the justice minister slowly.
- [9:49 AM, 11/15/2016] MD Mawere: Surely can anyone argue that ZESA is the state?
- [9:57 AM, 11/15/2016] Shingai Ndoro: May be I need to rephrase my questions.
- [9:57 AM, 11/15/2016] Shingai Ndoro: We are not in disagreement.
- [9:58 AM, 11/15/2016] MD Mawere: Yes we are not
- [10:11 AM, 11/15/2016] +263 77 230 5960: The State Liabilities Act is not relevant. It an act to be considered when considering suing the State in respect of conduct of it employees or agents put differently if its works only if the state is being sued
- [10:17 AM, 11/15/2016] Shingai Ndoro: I’m trying to show the hatchet job of the Justice minister.
- [10:18 AM, 11/15/2016] MD Mawere: Please join in welcoming Elita to this group
- [10:21 AM, 11/15/2016] Tinashe Mpasiri: Welcome Elita
- [10:22 AM, 11/15/2016] +263 77 587 5828:
- [10:23 AM, 11/15/2016] +263 77 230 5960: I get it but what I am saying is that the State Liabilities Act cannot be used by the state its provides how state can be sued. In SMM case the act would not apply because it was not a state actor. I concur on the Insolvency Act matter and even Companies Act
- [10:31 AM, 11/15/2016] +263 77 293 1885: BY XOLISANI NCUBE
Dube, who was in Mutare at the weekend with Defence minister Sydney Sekeramayi and his permanent secretary Walter Tapfumaneyi, said Chimene — who leads a rival faction — threatened to assault him. “While I was giving my welcoming remarks, she stood up and said she was going to beat me up. I told her if she did that, she would be arrested,” he said. Dube said after the threats by Chimene, she unleashed a sangoma on him in an effort to intimidate him. “This happened in the full view of other dignitaries,”he said.
“So when we were leaving the venue, her sangoma started performing some rituals on me, burping uncontrollably and my wife said I should not respond, but just to tell her (Chimene) to read Psalms 23 vs 1 to 6, which says ‘The Lord is my shepherd, I shall not want and so on and so forth’. I looked at this man burping at me pitifully and I said this is the highest level of madness.”
Chimene leads a break-away faction of the Zimbabwe National Liberation War Veterans’ Association (ZNLWVA), which is tussling for control with the Mutsvangwa-led executive. However, her grouping has failed to get traction and she has responded by accusing Dube of taking sides with her rivals. “This sangoma tried to intimidate me, he tried to say some silly things to me while doing some silly childish rituals so that I could be intimidated, but I am not that easy,” Dube said.
“I believe in the Bible and would not allow such things to get near my life.” He said he felt Chimene was belittling her office, although he felt insulted by her actions, particularly since he was being threatened in front of his wife. “It’s a shame that she decided to reduce herself to such levels — moving around with a sangoma and threatening to beat me up. I thought mature people could disagree peacefully without resorting to primitive actions,” Dube said.
Attempts to get a comment a comment from Chimene were fruitless, as a male person who picked up her mobile phone told NewsDay that the minister was “very busy and would only be free tomorrow (today)”.
After being told of the urgency of her comment and the story, the male receiver said: “Hey you, I said try tomorrow at 7am or maybe later, but she will still be busy.”
Sekeramayi said while he had not seen the sangoma, he had heard reports of the traditional healer at the meeting. “The issue of a sangoma — I just heard about it because it happened when I had left the venue. I just heard that there was a sangoma, who was doing ‘hirririi tata hiriririr tata’, after I had gone. Those other issues, I have nothing to say,” he said before breaking into laughter. “But for the violence part, to be honest, I did not hear Chimene threatening the minister.”
During the explosive meeting, war veterans drawn from Manicaland province heckled Dube and his secretary after he told them that President Robert Mugabe had given the ministry 13 vehicles to be used for co-ordination of programmes. The former freedom fighters said they did not need cars, while others demanded the minister to sit down. But a defiant Dube told them: “If you are not happy with what I am saying, hard luck, but this is what I am saying. Do you want me to sit down? I am not going to sit down.”
Dube urged the war veterans to be united and make it easier for the government to assist them, while also pleading with them to “pardon” each other.
- [11:48 AM, 11/15/2016] Dr Vusumuzi Sibanda Sibbs: The law of insolvency always existed in Zimbabwe and it clearly dealt with acts of insolvency and voluntary and compulsory winding up and sequestration. The Recon Act is something out of the ordinary that was meant ever to arbitrarily strip off persons of their rights and leave them with no defense to deal with them whichever way one wanted knowing they had no recourse nor access to the courts to defend their rights.
- [9:50 PM, 11/15/2016] Shingai Ndoro: Any further details?
- [9:52 PM, 11/15/2016] Tawanda Madamombe: The further details re that its going to be dismissed
- [9:53 PM, 11/15/2016] Shingai Ndoro: What is the case about?
- [9:55 PM, 11/15/2016] Tawanda Madamombe: Bondnotes challenge
- [9:58 PM, 11/15/2016] Shingai Ndoro: Oh ok Bond Notes – Biggest Fraud Since Rudd ConcessionThe Government, in collusion with the Reserve Bank has enacted emergency legislation to allow the issuance of Bond Notes. For many, this will result in a dev…www.youtube.com
- [4:51 AM, 11/16/2016] +263 73 388 0203: https://youtu.be/GaiclfNjFe8
- For many, Bond Notes will result in a devaluation of savings, a fall in the value of future earnings and a collapse in asset prices.
But for those with access to the bond note printing presses; this, will be a once-in-a-lifetime opportunity to make an incalculable fortune.
For this reason, we believe that Bond Notes could become the biggest fraud ever committed on the Zimbabwean people since the Rudd Concession of 1888.
This video has been produced by Science Economics and Justice in support of the upcoming peaceful demo in Zimbabwe – against Bond Notes and Corruption – on November 18th 2016.
Be there! And if you can’t be there, shout out from the rooftops until the Zimbabwean Government hears you from wherever you are!
#MunhuWESEMuRoad #UmuntuWONKEEmgaqweni #ThisFlower #ThisFlag
- [5:56 AM, 11/16/2016] MD Mawere: When cash, a unit of exchange, that is the property of another sovereign country becomes short in supply in a host country beleaguered by myriad of challenges, becomes the object of calculated attack against a discredited government, then the authors of the proposed resistance would be indirectly supporting the very regime they purport to be fighting against.
- [6:04 AM, 11/16/2016] Tapuwa Chitambo: In other words are u saying people should welcome these bond notes as a way of fighting the regime.?
- [6:09 AM, 11/16/2016] Pandora: Sacrifice their earnings in support of regime change which might never come to pass
- [6:21 AM, 11/16/2016] MD Mawere: The point of departure must be strategic. The actors in government lost legitimacy a long time ago. The acceptance of the use of the US $ and other foreign currencies was preceeded by madness including the idea of inventing a crime against holding foreign currency.
What do we learn from the many gaffes during the last +36 years? We learn that picking on a symptom actually fortifies the actors who believe cash shortage is a disease or calamity caused by external forces.
Do you really think that Mugabe is convinced that he has done any wrong? Do you believe that anyone in his bus is prepared to exit the bus on principle or rather they hold the view that the bond notes is the best sellotape job to close a puncture caused by others.
Do you really think that a court order will stop the madness?
The fact that even this group has been dithering just to succinctly define the cause of action and the NEXT STEP let alone broaden and deepen the space of knowledge about the possible causal link between bankruptcy and the abuse of state power even using examples like SMM where no public interest defence can be sustained.
The issue of bond notes can be easily be justified based on the simple construction that domestic transactions need not be intermediated with US $ dollars because the currency is imported and difficult to access.
- [6:24 AM, 11/16/2016] +263 77 301 1262: Following keenly..
- [6:25 AM, 11/16/2016] MD Mawere: There is a transactional issue that needs to be solved independent of who is a President. History shows that the dollarisation project started before the GNU and no resistance was forthcoming and indeed the project outlived the GNU. 2:01
- [6:34 AM, 11/16/2016] Dr Vusumuzi Sibanda Sibbs: It has been said that when people in the face of abuse or tyranny they are all silent, this taken to imply that they are content with the body politic. It is not occasional squimishes that show discontent but rather persistent and directed attack on the body politic from all angles by all to come down and change the system completely. It is the ability of people to identify every weapon available to them like SMM and use it to fight gvt madness. However it is ill conceived to take gvt to court for doing what it should do. The bond notes issue cannot win in any court. If it is a bad decision it is the gvt’s bad decision to make and no one can tell gvt not to do its job. There are matters that can be used to expose bad governance and the bond notes is definitely not one of them. It is a measure and means that the gvt is using to try and stabilise the economy albeit bad. 5:49
- [6:34 AM, 11/16/2016] MD Mawere: Political grandstanding is now the order of the day. By placing issues in political spaces even when the impugned actions fall squarely within the public square where labels like ZANU-PF are relevant and intellectually dishonest, we are actually falling into the trap of judging state actors outside the very public who are negatively impacted by wrong policies and programs.
I refuse to accept the proposition that government actors must be judged using a party lense.
The government cannot be reduced a theatre of party operators.
- [6:35 AM, 11/16/2016] MD Mawere:
- [6:40 AM, 11/16/2016] Dr Vusumuzi Sibanda Sibbs: There are political questions and judiciary questions and this means people must know which questions to solve using the political vehicle no matter how bad it is perceived to be and also which ones are for the judiciary because if we fail to understand this we become the very people we are fighting not respecting the different branches and functions of gvt, the trias politica.
There are political misdeeds which are resolved through the ballot box or other political machinery like civic disobedience and mass action and destabilising gvt through boycotts and stay aways but certainly not the courts.
- [6:44 AM, 11/16/2016] MD Mawere: It is a shame that opportunities are squandered when political illiteracy is challenged by hatred of actors to the extent that every action is reduced to some political expediency and not ignorance of the parties that seek a higher ground yet invest in digging graves.
- [7:19 AM, 11/16/2016] Dr Vusumuzi Sibanda Sibbs: Very true and yet the lack of will power is seemingly the enemy of us all. The focused driven efforts of decisive and well informed individuals would so easily bring closure to the matters herein referred to.
- [7:22 AM, 11/16/2016] MD Mawere: We already constitute Jesus’ quorum. Do we need to wait? All too often, we are comfortable waiting for the neighbour to make the next move.
- [7:24 AM, 11/16/2016] Tinashe Mpasiri: Time waits for nobody.
- [7:57 AM, 11/16/2016] +263 77 301 1262: I hear you Mutumwa. Its a challenge when as activists we don’t consult ‘elders’ on some of our initiatives. There is a gap btwn us and intellectuals n yes… We see ourselves chasing the wind and ignoring real issues. However we both have to reach out to each other to build the Nation we want.
I am trying to understand where money has been ‘going’ since 1980. What happened to the money that was circulating in January 2016. Is that not where the problem lies and should our noise and activities not be centered around that?
The gvt talks about creating employment, what happened to SMM? If we are going to protest about employment, what is our msg about SMM.
- [8:38 AM, 11/16/2016] Dr Vusumuzi Sibanda Sibbs: The executive power should be subordinate to the legislative power because if not it could lead to ineffective administration. This can be rectified by dividing the government so that then the government will be less powerful against the sovereign although their authority over the subjects will not diminish. Or “separate” magistrates to balance the two powers will be created. Then the government is not mixed but tempered.
- [8:38 AM, 11/16/2016] Dr Vusumuzi Sibanda Sibbs: Freedom is not the fruit of every climate and it is not therefore within the capacity of every people” (p.91) – Montesquieu. It should be known that all forms of government do not suit all countries. The state consumes everything but produces nothing. It benefits from the production of people and since production differs in different climes and the rate of consumption of governments differs from one to the other the people in a place may be more overburdened than in another. The burden is heightened not more by the level of consumption but by the distance the circle of return goes. That is from place of production to place of consumption and back to place of production. However, no matter how little the people gives if it does not return it soon exhausts and the people are consequently made penurious. “In democracy, the people are least burdened, in an aristocracy more burdened and in a monarchy it bears the greatest weight of all.
- [8:39 AM, 11/16/2016] Dr Vusumuzi Sibanda Sibbs: How does this relate to SMM and Zimbabwe if there is any relationship and how can our actions be propeled based on this?
- [12:09 PM, 11/16/2016] MD Mawere: ZVISHAVANE – Former Shabane Mashava Mines (SMM) employee is suing the company for placing the company under reconstruction saying they are now incapacitated to claim their salary arrears and terminal benefits.
Tonderai Zunzanyika through his lawyers Mutendi, Mudisi and Shumba Legal Practitioners sued Shabani Mine with Arafus Gwaradzimba the company administrator as the first respondent while SMM and Minister of Justice and Legal Affairs Minister Emmerson Mnangagwa are second and third respondents respectively.
In the afidavits submitted at Bulawayo High Court, Zunzanyika argued that the placement of SMM company under the ‘Reconstruction of State-indebted Insolvent Companies Act CAP 24:27 in 2004, incapacitated former employees to claim their salary arrears and other terminal benefits.
A company under the reconstruction act is protected from losing its asserts and is immune from being sued by its former workers as stated by section 6 of the act.
During this period, Zunzanyika argued, SMM company started to lease some of its properties to Great Zimbabwe University (GZU) and Midlands State University (MSU) at Mashava and Zvishavane respectively, and some mine workers who have been staying in these premises were forced out.
Zunzanyika said by so doing, SMM was no longer reconstructing but was now in a different business altogether with top officials benefiting at the expense of the employees.
“I have been employed by the company for nine year until I officially resigned in April 2014. During the period of resignation I was owed salary and terminal benefits amounting to over $4500, but now I cannot claim it since the company is said to be under reconstruction,” Zunanyika said in the afidafits submitted at Bulawayo High Court.news
- [12:16 PM, 11/16/2016] Norman Mukandagumbo: what do we learn
- [12:19 PM, 11/16/2016] MD Mawere: Have we been in touch with the lawyer
- [12:19 PM, 11/16/2016] Norman Mukandagumbo: what stage is the matter now
- [12:28 PM, 11/16/2016] Dr Vusumuzi Sibanda Sibbs: That is a stroke of genius and I think we could become amicus curae or to be part to the proceedings because we could show intention to reconstruct was always to unlawful seize property with no intention to pursue justice.
- [12:33 PM, 11/16/2016] Norman Mukandagumbo: so u suggest that we make an application for jointer………….?
- [12:34 PM, 11/16/2016] Norman Mukandagumbo: but only if we know the status of the case so far
- [2:28 PM, 11/16/2016] Dr Vusumuzi Sibanda Sibbs: Yes I think that would be an idea and let people be tasked to fund out more about this case. Life has just never been made easiers
- [2:30 PM, 11/16/2016] Norman Mukandagumbo: l talked to the lawyer handling the case…he said the Respondents had filed Notice of Opposition…they are now preparing Heads of Arguments Whatsapp Video CallingDownload Whatsapp Video calling Versionwhatappvideofeature.com
- [2:40 PM, 11/16/2016] +44 7932 306644: You’re invited to try Whatsapp Video Calling feature.
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- [2:55 PM, 11/16/2016] Norman Mukandagumbo: the recon act violates labour right under section 65 of the constitution……and discriminates against section 56 of the constitution in that other employees working at companies which are not under reconstruction…….are free to lodge their complaians against the emplyer……….
- [2:55 PM, 11/16/2016] Norman Mukandagumbo: this is the reason why our president recently rejects a bill…..which seek to give immunity of selected companies against labour laws
- [3:13 PM, 11/16/2016] Tawanda Madamombe: Doesnt suing gvt officials give legitimacy to the gvt
- [3:53 PM, 11/16/2016] +27 73 622 3670: Sorry for the wrong post
- [6:22 PM, 11/16/2016] +27 78 202 5720: Dziva u have been too philosophical (sp), what are you saying here?