Friends of SMM Whatsapp Platform conversation – Tuesday 18 October 2016.

Conversation on Friends of SMM Whatsapp Platform on Tuesday 18 October 2016. Join in the conversation. Request to be added on the Whatsapp Group by Raphael on +27644964761.

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  1. [7:01 AM, 10/18/2016] Tinashe Mpasiri: 👍👍
  2. [7:21 AM, 10/18/2016] Dr Vusumuzi Sibanda Sibbs: That is beautiful. Lovely research and I think it is factual and very clear in general now that companies can be prosecuted for corruption though the enquiry cannot end there because now we narrow down the enquiry to the PCA to ascertain if same is intended by legislator.
  3. [7:23 AM, 10/18/2016] MD Mawere: Precisely we now have to look at the specific provisions of the PCA
  4. [7:24 AM, 10/18/2016] MD Mawere: The issue is whether a person as is set in the PCA includes juristic persons
  5. [7:30 AM, 10/18/2016] Dr Vusumuzi Sibanda Sibbs: That exactly is our enquiry now and we to f8bd that in the text and also ascertain how courts have interpreted that provision.
  6. [7:30 AM, 10/18/2016] Dr Vusumuzi Sibanda Sibbs: We find that
  7. WhatsApp Image 2016-10-18 at 8.12.18 AM
  8. SMM Holdings (Pvt) Ltd v Mawere and Another (20235/2006) [2012] ZAGPJHC 186 (11 October 2012) www.saflii.org
  9. [8:28 AM, 10/18/2016] MD Mawere: http://www.saflii.org/za/cases/ZAGPJHC/2012/186.html Implications of Meikles’ specification on rule of law – The StandardSINCE the appointment of Dr Gono as Governor of the RBZ in December 2003, a number of businesspersons have been specified in terms of the Prevention of Corruption Act. At …www.thestandard.co.zw
  10. [8:39 AM, 10/18/2016] MD Mawere: http://www.thestandard.co.zw/2009/09/24/implications-of-meikles-specification-on-rule-of-law/ Dark shadows of specification www.newzimbabwe.com
  11. [8:40 AM, 10/18/2016] MD Mawere: http://www.newzimbabwe.com/columns/columns.aspx?newsID=1128
  12. [8:47 AM, 10/18/2016] MD Mawere: http://www.financialgazette.co.zw/politicising-meikles-battle-blows-away-legal-reality/
  13. [8:48 AM, 10/18/2016] Dr Vusumuzi Sibanda Sibbs: Ín terms of the above we have precedent that companies have been specified for corruption in Zimbabwe which proves the courts have interpreted the statute to include juristic person in the term person. We can try our own interpretation to see if the courts instead misdirected themselves in that interpretation but it is clear that the enquiry is almos5 done becaz if the cour5 misdirected itself but achieved the desired results by legislature then theyear merely need to read it to the Act the definition of person and show it includes juristic persons. Muponda seeks to block liquidation of CFX Bank – Nehanda RadioExiled businessman Gilbert Muponda who was de-specified by the Government last month has started taking legal steps to reclaim some of the assets he lost during the time he was specified.nehandaradio.com
  14. [8:48 AM, 10/18/2016] MD Mawere: http://nehandaradio.com/2011/05/21/muponda-seeks-to-block-liquidation-of-cfx-bank/
  15. [8:49 AM, 10/18/2016] MD Mawere: Have you checked Magaisa’s interpretation
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  17. Mawere case: Hijacking state apparatus for personal gain? – NewsDay ZimbabweI would rather let myself be drawn and quartered. . . ” That was how Vladimir IIyich Lenin, the Russian Marxist revolutionary and communist politician who led the October Revolution of 1917, put his position on collaborating in a bourgeois or petty-bourgeois periodical of an anti-Marxist or simply non-Marxist nature. His defence of this position …www.newsday.co.zw
  18. [8:53 AM, 10/18/2016] MD Mawere: https://www.newsday.co.zw/2010/10/20/2010-10-20-mawere-case-hijacking-state-apparatus-for-personal-gain/
  19. [8:54 AM, 10/18/2016] Dr Vusumuzi Sibanda Sibbs: You are a diligent researcher Sir. I am definitely challenged by your commitment to knowledge sharing.  OPC to administer Anti-Corruption ActSource: OPC to administer Anti-Corruption Act | The Herald September 17, 2016 Zvamaida Murwira : Senior Reporter The Office of the President and Cabinet has assumed administration of the Anti-Corruption Commission Act and the Prevention of Corruption Act as part of efforts to strengthen the fight against the scourge. The announcement was made in a Statutory Instrument… Read More » The post OPC to administer Anti-Corruption Act appeared first on Zimbabwe Situation.newscentral.exsees.com
  20. [8:55 AM, 10/18/2016] MD Mawere: http://newscentral.exsees.com/item/df2115cdac95034c1941978bec003c6b-a62019727ac251d90f97599ee0d3737e
  21. [8:56 AM, 10/18/2016] MD Mawere: 👍🏼 Let facts guide and in every dispute there is learning
  22. [8:57 AM, 10/18/2016] MD Mawere: http://farairwodzi.blogspot.co.za/2011_01_01_archive.html?m=1 CCZ 12-14 – MATIASHE v THE HON MAGISTRATE MAHWE N.O & AG OF ZIM | veritaszimwww.veritaszim.net
  23. [8:59 AM, 10/18/2016] MD Mawere: http://www.veritaszim.net/node/1422 (NEWZIMBABWE) Mawere, Makamba specification liftedMawere, Makamba specification lifted by Staff Reporter 27/05/2010 00:00:00 THE Zimbabwe government has revoked the specification of…maravi.blogspot.com
  24. [9:00 AM, 10/18/2016] MD Mawere: http://maravi.blogspot.co.za/2010/05/newzimbabwe-mawere-makamba.html?m=1de-specification of Mawere was reached in consultation | The Herald www.herald.co.zw
  25. [9:02 AM, 10/18/2016] MD Mawere: http://www.herald.co.zw/de-specification-of-mawere-was-reached-in-consultation/NewsZimbabwe News as it happens, voice of the voiceless, highlighting social and political injustice in our societies without fear of reprisal or prosecution – zimdiaspora.com
  26. [9:03 AM, 10/18/2016] MD Mawere: http://zimdiaspora.com/index.php?option=com_content&view=category&id=38:travel-tips&layout=blog&Itemid=293&limitstart=5000
  27. [9:06 AM, 10/18/2016] MD Mawere: http://allafrica.com/stories/200406020577.html Despecified Mawere speaks out on future – The StandardThe government last week despecified Mutumwa Mawere (MM), a Zimbabwean-born businessman who is now a South Africa citizen, along with James Makamba and John Moxon. Before his specification Mawere owned …www.thestandard.co.zw
  28. [9:08 AM, 10/18/2016] MD Mawere: http://www.thestandard.co.zw/2010/06/03/despecified-mawere-speaks-out-on-future/
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  33. Jonathan Moyo allergic to the truth: Mawere – Nehanda RadioAfrica’s future will always belong to builders rather than professional armchair commentators who choose to see the world in ideological and binary terms. One such commentator is Professor Jonathan Moyo, the MP for Tsholotsho North (Zanu PF), who seems to believe that he is an expert in interpreting all historical events.nehandaradio.com
  34. [9:17 AM, 10/18/2016] MD Mawere: http://nehandaradio.com/2010/11/22/jonathan-moyo-allergic-to-the-truth-mawere/
  35. [9:18 AM, 10/18/2016] MD Mawere: http://www.southerneye.co.zw/2013/10/24/mawere-wants-shabanie-mines-back/ The importance of the Rule of Law – the ENG case has been created.Today, 1 January 2011, being the first day of the second decade of this African century provides another opportunity for us as Africans to …interfinbank.blogspot.com
  36. [9:19 AM, 10/18/2016] MD Mawere: http://interfinbank.blogspot.co.za/2011/01/importance-of-rule-of-law-eng-case-has.html?m=1 Mawere slams Chinamasa in Parliamentary committee Zimbabwe News as it happens, voice of the voiceless, highlighting social and political injustice in our societies without fear of reprisal or prosecutionzimdiaspora.com
  37. [9:20 AM, 10/18/2016] MD Mawere: http://zimdiaspora.com/index.php?option=com_content&view=article&id=4474:mawere-slams-chinamasa-in-parliamentary-committee&catid=38:travel-tips&Itemid=18
  38. [9:36 AM, 10/18/2016] +27 61 430 2252: Is it possible to sue the govt outside the zim justice system to recover your assets
  39. [9:42 AM, 10/18/2016] +263 77 735 0451: Ref The Sadc tribunal though later disbanded.
  40. [10:21 AM, 10/18/2016] Stanley: Morning
  41. [10:21 AM, 10/18/2016] Stanley: Will be going on air pleaee help me understand Smoothnest
  42. [10:30 AM, 10/18/2016] Stanley: What would we be suing for
  43. [10:34 AM, 10/18/2016] Stanley: Am inspired by the discussions that go on in this group and being a presenter I find myself learning alot from the conversations that happen here.
  44. [10:36 AM, 10/18/2016] Shingai Ndoro: Please share your script. Don’t just go on air!
  45. [10:38 AM, 10/18/2016] Stanley: https://www.google.co.za/url?sa=t&source=web&rct=j&url=http://mg.co.za/article/2004-11-26-reserve-bank-gave-zanupf-800m&ved=0ahUKEwjhiKWykN_PAhVDAcAKHUFVDh8QFggZMAA&usg=AFQjCNGRYpCS0C7SUOhtipZoY1trCB3rqg&sig2=hItaHMuKegy69C4Aco3Dag
  46. [10:38 AM, 10/18/2016] +263 77 448 0141: Welcome Brian a young lawyer practicing in Zimbabwe
  47. [10:39 AM, 10/18/2016] Stanley: Having been a member of this group I find the facts of SMM closely connected with Smoothnest and Mr Maweres name appears yet he says they was no politics involved in SMM
  48. [10:39 AM, 10/18/2016] Stanley: https://www.google.co.za/url?sa=t&source=web&rct=j&url=http://mg.co.za/article/2004-11-26-reserve-bank-gave-zanupf-800m&ved=0ahUKEwjhiKWykN_PAhVDAcAKHUFVDh8QFggZMAA&usg=AFQjCNGRYpCS0C7SUOhtipZoY1trCB3rqg&sig2=hItaHMuKegy69C4Aco3Dag
  49. [10:40 AM, 10/18/2016] Tinashe Mpasiri: Welcome Mr Brian
  50. [10:41 AM, 10/18/2016] Tinashe Mpasiri: I have been eager to understand the Smoothnest issue. It would be tremendous to learn and understand about it.
  51. [10:41 AM, 10/18/2016] Stanley: I think am capably enough to know what to take on air and why should I run everything by you before I go on air
  52. [10:42 AM, 10/18/2016] Tinashe Mpasiri: What is Smooth in the Nest
  53. [10:42 AM, 10/18/2016] Tinashe Mpasiri: Who was in the Nest
  54. [10:42 AM, 10/18/2016] Stanley: Tune to www.the1873fm.com and let get to know who was in the nest as you asked
  55. [10:43 AM, 10/18/2016] Tinashe Mpasiri: I want to
  56. [10:43 AM, 10/18/2016] Tinashe Mpasiri: Know
  57. [10:43 AM, 10/18/2016] Stanley: I want the public to know who was in the best
  58. [10:43 AM, 10/18/2016] Stanley: *nest
  59. [10:44 AM, 10/18/2016] Stanley: Anyone who knows something about Smoothnest add your voice please contribute
  60. [10:45 AM, 10/18/2016] Stanley: Corruption is a big matter that concerns us and this network and our radio are both intended to raise awareness and not to sensor these issues
  61. [10:45 AM, 10/18/2016] Stanley: Join us as we unpack Smoothnest at 11am CAT
  62. [10:46 AM, 10/18/2016] Stanley: Boiling Point: Corruption 101
  63. [10:46 AM, 10/18/2016] Stanley: From Smoothnest to Zimdef
  64. [10:47 AM, 10/18/2016] Stanley: The journey from 2004 to 2016
  65. [10:50 AM, 10/18/2016] Tawanda Madamombe: Smoothfest was a briefcase company
  66. [10:50 AM, 10/18/2016] Tinashe Mpasiri: 👍👍👍
  67. [10:50 AM, 10/18/2016] Stanley: Having Google smoothnest these are the headlines
  68. WhatsApp Image 2016-10-18 at 10.50.41 AM
  69. [10:50 AM, 10/18/2016] Stanley: How brief was the case
  70. [10:51 AM, 10/18/2016] Stanley: I need to understand how a briefcase company got a billion from the government
  71. [10:52 AM, 10/18/2016] Stanley: Who was in the nest to receive the billion
  72. [10:53 AM, 10/18/2016] Tawanda Madamombe: [10/16/2016, 11:24] Mutumwa Mawere: Do you want to get the facts on Smoothnest so that you can organise your thought processes?
  73. [10/16/2016, 11:25] tthawandean: Yes of course
  74. [10/16/2016, 11:26] tthawandean: If also there is are any additional matters on the political column
  75. [10/16/2016, 12:01] tthawandean: Ok so the report /article i had is ill informed factually
  76. [10/16/2016, 12:06] tthawandean: I understand that there are 3 companies in SARE,and the acquisition wasnt targeting to buy the shares of a particular company..in that case the $1billion being requested for would not translate only to 1 company…and the implications made in the press can be far fetched
  77. [10/16/2016, 12:08] tthawandean: Yes i read them,,you were not in the management of fbc to have blocked any transaction
  78. [10/16/2016, 12:22] tthawandean: Frankly i see the shareholding of ARL in fbc being used as a point of reference…but operational wize zanu pf has a controlling state..either way they could have been privy to any information regarding this matter
  79. [10/16/2016, 12:22] tthawandean: stake*
  80. [10/16/2016, 12:26] tthawandean: In the affidavit you state that arl has 20% shareholding in fbc and zanu pf through its companies 23%…i didnt mean to state controlling stake
  81. [10/16/2016, 12:27] tthawandean: But the point is they were privy to information and decisions
  82. [10/16/2016, 12:28] tthawandean: 23_26
  83. [10/16/2016, 12:28] Mutumwa Mawere: That was direct ARL and not its associates. The limit for any individual shareholder was 25%. Do you think shareholding is the main issue here?
  84. [10/16/2016, 12:29] tthawandean: Absolutely not
  85. [10/16/2016, 12:29] Mutumwa Mawere: The issue is about the legality of the transaction.
  86. [10/16/2016, 12:30] Mutumwa Mawere: What was the transaction and where was the mischief
  87. [10/16/2016, 12:30] tthawandean: So how can accusations be laid on one part if others are involved operational wize
  88. [10/16/2016, 12:31] Mutumwa Mawere: What do you think the transaction was about
  89. [10/16/2016, 12:34] tthawandean: Im still trying to make sense of the presantation given by Manikai in applying for the loan..whether it was a genuine attempt or not
  90. [10/16/2016, 12:34] tthawandean: Im yet to do that
  91. [10/16/2016, 12:34] Mutumwa Mawere: Ok. Do you have the links
  92. [10/16/2016, 12:34] tthawandean: No
  93. [10/16/2016, 12:35] tthawandean: If you ve them please
  94. [10/16/2016, 16:44] Mutumwa Mawere: Did u read
  95. [10/16/2016, 16:53] tthawandean: I just downloaded them now..on it
  96. [10/16/2016, 16:59] tthawandean: Ok i,ve read the document
  97. [10/16/2016, 17:01] tthawandean: This is a clear case of coruption sir…and its far reaching..
  98. [10/16/2016, 17:02] Mutumwa Mawere: What is your take
  99. [10/16/2016, 17:02] tthawandean: Now im seeing how this country fell apart
  100. [10/16/2016, 17:05] tthawandean: Its a series of networks controlling and manipulating the national banker,,local banks throung an organised scheme of companies…needless to say your only involvement is not visible though
  101. [10/16/2016, 17:06] tthawandean: And its being done in the name of zanu pf by certain individuals
  102. [10/16/2016, 17:20] Mutumwa Mawere: Now you see what happened
  103. [10/16/2016, 17:27] tthawandean: Yah i do.. call for rectification
  104. [10/16/2016, 17:29] tthawandean: Surely
  105. [10/16/2016, 17:29] tthawandean: I also find it that doing business in that environment can be risky..if not trapping
  106. [10/16/2016, 17:30] Mutumwa Mawere: Have you truly understood the transaction?
  107. [10/16/2016, 17:31] tthawandean: I did…
  108. [10/16/2016, 17:32] Mutumwa Mawere: Where was the corruption?
  109. [10/16/2016, 17:32] tthawandean: The money that was taken from the bank was diverted
  110. [10/16/2016, 17:33] Mutumwa Mawere: Which bank?
  111. [10/16/2016, 17:34] tthawandean: First bank
  112. [10/16/2016, 17:36] Mutumwa Mawere: The facts are similar to Zimdef that the then Minister of Labour July Moyo instructed the Social Dimesion Fund to deposit Z $1billion into First Bank which funds were used as security to lend Z$ to Smoothnest.
  113. [10/16/2016, 17:41] tthawandean: Are you saying the money originated from RBZ altogether..but FBC was just a vehicle
  114. [10/16/2016, 17:41] Mutumwa Mawere: The Ministry of Labour not RBZ
  115. [10/16/2016, 17:43] tthawandean: Ohh ok i see…i saw them as 2 seperate transactions at first
  116. [10/16/2016, 17:47] Mutumwa Mawere: Smoothnest was a shelf company and had no Security. The seller of the shares was M&S Investments a company controlled by Mnangagwa. The buyer was Smoothnest. So Smoothnest relying on a government deposit obtained a loan whose proceeds were used to pay to M&S Investments. The proceeds were to used to finance Mnangagwa’s campaign to be VP.
  117. [10/16/2016, 17:50] tthawandean: Ok for me that was off the records..cause in the appication to fbc nowhere was there mention to buy shares to specifiaclly M&S, but the whole 3 were listed as one company
  118. [10/16/2016, 17:51] Mutumwa Mawere: If you read again you will see it.
  119. [10/16/2016, 17:54] tthawandean: Ok so also the bank fbc could only disburse.. in this case
  120. [10/16/2016, 17:55] Mutumwa Mawere: Could only advance the funds on the back of the deposit
  121. [10/16/2016, 17:56] tthawandean: so this explains the affidavit, i was wondering its source all along
  122. [10:53 AM, 10/18/2016] Stanley: Last week we touched on the issue of transparency international report about a billion that zim looses every year
  123. [10:53 AM, 10/18/2016] Stanley: Thanks this helps
  124. [10:55 AM, 10/18/2016] Stanley: No one spoke about Smoothnest and TIZ never report on smoothnest
  125. [10:56 AM, 10/18/2016] Tawanda Madamombe: It was a a well orchestrated move where they took money from the ministry of labor through RBZ, deposited it into FBC as meant for a loan to smoothfest, the briefcase co then applying for the same money as a loan from fbc, claiming they wanted to buy shares In SARES, which housed a zanu pf company
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  127. [10:57 AM, 10/18/2016] Stanley: Are you sure of this and who was the minister was it Murerhwa
  128. [10:59 AM, 10/18/2016] Tawanda Madamombe: The minister of labor was July Moyo.it is he who gave the directive to have the money deposited there
  129. [11:02 AM, 10/18/2016] Tinashe Mpasiri: Is July Moyo a member of Team Lacoste
  130. [11:03 AM, 10/18/2016] +263 77 735 0451: A very strong one
  131. [11:03 AM, 10/18/2016] +263 77 735 0451: ED s right hand man
  132. [11:04 AM, 10/18/2016] Tinashe Mpasiri: And Tsholotsho 1?
  133. [11:04 AM, 10/18/2016] Stanley: Did he know about the nest

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