What is your understanding of a Constitutional Democracy – FOSMM whatsap thread

22/10/2016, 2:30 PM – Wildfire 1873: Good afternoon My name is Stanley …. I am a member of the 1873 Network and also a participant in a group called Friends of SMM. FOSMM is a registered trust in terms of the laws of Zimbabwe. It is led by Advocate T. Mavula who is based in Zimbabwe.

I have become an ardent follower of contesting views on the facts and circumstances regarding the acquisition of SMM’s UK registeted parent company, SMM Holdings Limited (SMMH) by Africa Resources Limited (ARL), a company beneficially owned by Mr Mutumwa Mawere who is also a member of the network as well as a friend of SMM.

I have been discussing on a show that I Host, the boiling point, the burning issue of corruption. It occurred to me that the SMM story remains largely masked in darkness and speculation especially with respect to the facts and circumstances of its takeover by government using public power and it’s eventual demise under the control of a state appointed Administrator.

A number of questions arise especially the one that has been introduced into the FOSMM public square by Gandanga, the SG of FOSMM, regarding the need to share insights into the role of public office bearers in a constitutional democratic order with a view to answering the question whether Zimbabwe is and has been a constitutional democracy.

Because of FOSMM, we are compelled on this radio conversation to limit our insights to the facts and circumstances of SMM.

Allow me to pose questions that will assist us in better understanding the true nature of public power and how easily it can be abused without anyone noticing.

As you are well aware, the last human experiment by migrants is the USA whose founding fathers were men of ideas and critical minds.

I am compelled to use their ideas about the design and operation of a government as a working reference.
22/10/2016, 2:39 PM – Wildfire 1873:
22/10/2016, 2:40 PM – Dziva Mawere: You can screenshots
22/10/2016, 2:44 PM – Wildfire 1873: What lessons do we learn from the facts of SMM? Which executive orders where used in respect of SMM? How and by whom were they invoked? What rights where infringed.
22/10/2016, 2:54 PM – Shingai Ndoro: Don’t we have enough references in our own constitution for the exercise of public power?
22/10/2016, 2:54 PM – Adv T Mavula: The Presidential Powers (Temporary Measures) Act was invoked to pronounce the Statutory Instrument that gave birth to the Reconstruction Act
22/10/2016, 2:55 PM – Adv T Mavula: This in essence gave the executive the law making powers which are in a Democratic state normally the privilege of the Legislature
22/10/2016, 2:55 PM – Shingai Ndoro: What should have been the grounds for invoking presidential powers?
22/10/2016, 2:58 PM – Dziva Mawere: Do you believe that President Mugabe respects the independence of the other organs of state?
22/10/2016, 2:58 PM – Adv T Mavula: By so doing the doctrine of separation of powers was eroded thereby undermining the rule of law and constitutional democracy. We then see a second outlet of law making outside the prescribed process
22/10/2016, 2:58 PM – Wildfire 1873: You are correct. That is where FOSMM comes in. We just wanted to highlight that the quest for constitutionalism knows of no border or nationality. Humanity is indivisible and using any example does not detract from the point that has to be made.
22/10/2016, 2:59 PM – TinasheMpasiri: I certainly believe so, just as much as I believe that he believes in The Rule of Law, only that he doesn’t know what it is.
22/10/2016, 2:59 PM – Adv T Mavula: He may respect their existence but not their independence. As seen is his omnipresence in all arms of gvt
22/10/2016, 2:59 PM – Shingai Ndoro: I struggle with people who use far away examples when our constitution already has the references.
22/10/2016, 3:00 PM – Shingai Ndoro: Can someone responds.

What should have been the grounds for invoking presidential powers?
22/10/2016, 3:00 PM – Adv T Mavula: Reverting
22/10/2016, 3:01 PM – Primose 1873: Doe the role of a President include reasons or steps used to hastily invoke instrument and temporary laws? Will these laws be used from then onwards or tailor made ones are used and discarded after their purpose?
22/10/2016, 3:02 PM – Dziva Mawere: What limitations are imposed on him by the operation of the constitution
22/10/2016, 3:09 PM – Adv T Mavula: Section 110 -113 expressly states the requirement of consultation. The presidential powers have to be used after or in consultation with Cabinet or Parliament
22/10/2016, 3:10 PM – Adv T Mavula: Any decree or pronunciation of law must be made with the input of the organs cited above as a check on use if the presidents executive power
22/10/2016, 3:13 PM – Adv T Mavula: This means there is need for him to substantiate his chosen course of action before these organs and they have to debate upon it and agree on it before the president can declare it to the public.that’s the mechanism to place a limit or balance in the use of executive power
22/10/2016, 3:13 PM – Shingai Ndoro: Will anyone answer my question?
22/10/2016, 3:14 PM – Adv T Mavula: I thot we are answering as we are discussing the executive power as defined by s110-113
22/10/2016, 3:15 PM – Shingai Ndoro: There is no answer to my question yet!
22/10/2016, 3:20 PM – Dziva Mawere: State of emergency. It a temporary weapon with a limited shelf life
22/10/2016, 3:22 PM – Dziva Mawere: Is your question answered
22/10/2016, 3:26 PM – Dziva Mawere: In terms of s113 of the constitution and the enabling act
22/10/2016, 3:27 PM – Shingai Ndoro: Not answered. Let me restructure the question.

The Reconstruction Order was issued using SI 187 of 2004 that had been created using Presidential Powers (Temporary Measures).

What were the constitutional grounds to invoke the PPTMs?
22/10/2016, 3:30 PM – Dziva Mawere: To clothe the President with temporary law making Powers to deal with emergencies that the legislature cannot handle or could not have foreseen in the ordinary course of business
22/10/2016, 3:31 PM – Dziva Mawere: National interest
22/10/2016, 3:32 PM – Shingai Ndoro: What emergencies?

Any emergency?

Or specific emergency?
22/10/2016, 3:36 PM – Dziva Mawere: Specific emergencies as per your previous posting which sets out the limited nature of the privilege. Trying to get your posting
22/10/2016, 3:38 PM – Dziva Mawere: Do you still have a copy of the postings? I lost my record.
22/10/2016, 3:41 PM – Shingai Ndoro: A “state of emergency” is when government can suspend and/or change some functions of the executive, the legislative and/or the judiciary during this period of time. It alerts citizens to change their normal behavior and orders government agencies to implement emergency plans.

A “state of emergency” can arise 1) if there is a threat to safety or public order ; 2) during a time of natural or human-made disaster, 3) during a period of civil unrest, or 4) following a declaration of war or situation of international/internal armed conflict.

Zimbabwe’s Old Constitution (section 31J(1)) : The government may declare that the whole or part of Zimbabwe is in a state of emergency or or a situation has necessitated a state of emergency.

States of emergency in South Africa are governed by section 37 of the Constitution and by the State of Emergency Act, 1997. The President may declare a state of emergency only when “the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency” and if the ordinary laws and government powers are not sufficient to restore peace and order.

The declaration is made by proclamation in the Government Gazette and may only apply from the time of publication, not retroactively. It can only continue for 21 days unless the National Assembly grants an extension, which may be for at most three months at a time. The High Courts have the power, subject to confirmation by the Constitutional Court, to determine the validity of the declaration of a state of emergency.

Emergency measures may not indemnify the government or individuals for illegal actions. They may impose criminal penalties, but not exceeding three years’ imprisonment. They may not require military service beyond that required by the ordinary laws governing the defence force. An emergency measure may be disapproved by the National Assembly, in which case it lapses, and no emergency measure may interfere with the elections, powers or sittings of Parliament or the provincial legislatures. The courts have the power to determine the validity of any emergency measure.

Emergency measures cannot violate the rights to life and to human dignity; the prohibition of discrimination on the grounds of race, sex or religion; the prohibition of torture or inhuman punishment; and the right of accused people to a fair trial.

In Brazil, can be declared on the following circumstances: 1) Serious disturbance with national impact; 2) Inefficiency on the Defense State previously decreed; 3) Declaration of war; 4) Response to foreign armed aggression.

In Canada, there are different levels of emergencies: Public Welfare Emergency, Public Order Emergency, International Emergency, and War Emergency.

In Germany, the Emergency Acts state that some of the basic constitutional rights of the Basic Law may be limited in case of 1) a state of defence, 2) a state of tension, or 3) an internal state of emergency or disaster (catastrophe).

In Hong Kong, a state of emergency can declared to prohibit public gatherings, issue curfew orders, prohibit the movement of vessels or aircraft and appoint special constable all under Chapter 245 (“Public Order Ordinance”) of Hong Kong Law.

In Spain, there are three degrees of state of emergency: alarm or alert, exceptional circumstance and siege.

In the United Kingdom, the proclaimation of emergency regulations under the Civil Contingencies Act 2004 is when there is case of any seriously fatal threats to human welfare, human society, and the environment, such as warfare or terrorism. These regulations last for seven days unless confirmed otherwise by Parliament.

Source: https://en.wikipedia.org/wiki/State_of_emergency
22/10/2016, 3:41 PM – Dziva Mawere: 👍
22/10/2016, 3:43 PM – Shingai Ndoro:
22/10/2016, 3:44 PM – Shingai Ndoro: Can we have this issue taken to court if it hasn’t?
22/10/2016, 3:44 PM – Dziva Mawere: What would be the legal question?
22/10/2016, 3:44 PM – Shingai Ndoro: There was no emergency related to SMM!!!!
22/10/2016, 3:45 PM – Dziva Mawere: Is the exercise of discretion subject to interpretation and subjectivity
22/10/2016, 3:46 PM – Dziva Mawere: There was a clause that it could be declared in the national interest. Let me check
22/10/2016, 3:57 PM – Dziva Mawere:
22/10/2016, 3:57 PM – Dziva Mawere:
22/10/2016, 3:57 PM – Shingai Ndoro: Was this in the SI or the Act?
22/10/2016, 3:58 PM – Dziva Mawere:
22/10/2016, 4:01 PM – Shingai Ndoro: Oh ok
22/10/2016, 4:01 PM – Shingai Ndoro: Now it’s clear for me.
22/10/2016, 4:01 PM – Dziva Mawere: 👍👍👍
22/10/2016, 4:02 PM – Shingai Ndoro: Now, what economic interests were under threat?
22/10/2016, 4:02 PM – Dziva Mawere: Rule by law is always crafted to achieve an end
22/10/2016, 4:03 PM – Tawanda Fosmm: I dont think thats the right question though,assuming that the president can use his discretion
22/10/2016, 4:03 PM – Dziva Mawere: We have to start to look at the Act to see if someone was generous enough to define the animal
22/10/2016, 4:03 PM – Shingai Ndoro: Let’s interrogate further
22/10/2016, 4:03 PM – Shingai Ndoro: Would the act have a definition of economic interest?
22/10/2016, 4:04 PM – Tawanda Fosmm: And taking into cognisance smm was responsible for 10% of the budget
22/10/2016, 4:05 PM – Tawanda Fosmm: *Exports
22/10/2016, 4:05 PM – Dziva Mawere:
22/10/2016, 4:08 PM – Shingai Ndoro: Because of (3)
22/10/2016, 4:09 PM – Dziva Mawere: What do you make of 2
22/10/2016, 4:10 PM – Shingai Ndoro: Did he get representations?
22/10/2016, 4:11 PM – Dziva Mawere: How can one make representations if not notified
22/10/2016, 4:14 PM – TinasheMpasiri:
22/10/2016, 4:16 PM – TinasheMpasiri:
22/10/2016, 4:17 PM – TinasheMpasiri:
22/10/2016, 4:18 PM – TinasheMpasiri:
22/10/2016, 4:19 PM – TinasheMpasiri:
22/10/2016, 4:20 PM – TinasheMpasiri:
22/10/2016, 4:21 PM – TinasheMpasiri:
22/10/2016, 4:21 PM – Dziva Mawere:
22/10/2016, 4:21 PM – TinasheMpasiri:
22/10/2016, 4:22 PM – TinasheMpasiri:
22/10/2016, 4:23 PM – Dziva Mawere:
22/10/2016, 4:23 PM – Shingai Ndoro: Did SMM settle the state debts after the reconstruction order?
22/10/2016, 4:23 PM – Shingai Ndoro: Did the reconstruction order affect shareholding?
22/10/2016, 4:23 PM – Dziva Mawere: Which debts and which SMM?
22/10/2016, 4:24 PM – Shingai Ndoro: What ever debts they were claiming
22/10/2016, 4:25 PM – Dziva Mawere: Indeed that is another drama that will unfold. We can follow Chinamasa’s reasoning first. What Department of State was he in charge of at material time?
22/10/2016, 4:25 PM – Dziva Mawere: If you are indebted to a creditor would it not be within the right of the creditor to assert the rights in a court of law?
22/10/2016, 4:27 PM – Dziva Mawere: Could it have been the intention of the legislature to clothe the President with powers that would violate the fundamental rights entrenched in the constitution – right to a fair hearing before an independent tribunal and the separation of powers?
22/10/2016, 4:27 PM – TinasheMpasiri: Justice, Legal and Parliamentary Affairs
22/10/2016, 4:31 PM – Dziva Mawere: How would he known about the affairs of SMM in the ordinary course of business?
22/10/2016, 4:32 PM – Shingai Ndoro: Good question
22/10/2016, 4:33 PM – TinasheMpasiri: Surely not. As SMM was a private company conducting its business. Its business had nothing to do with the Ministry.
22/10/2016, 4:35 PM – Wildfire 1873: What was his interest in SMM
22/10/2016, 4:35 PM – Dziva Mawere: Intimately for that matter. What would have occurred to permit the department of justice to be ceased with matters of finance let alone the enforcement of claims that have not become due but are to occur in the future
22/10/2016, 4:35 PM – Shingai Ndoro: Again very good “legal” questions.
22/10/2016, 4:36 PM – Shingai Ndoro: What had the state owned entities done to bring to the justice minister the issue of debts?
22/10/2016, 4:36 PM – Dziva Mawere: There is no supporting affidavit from the different state organs confirming the capacity and incumbency of Chinamasa to act on their behalf as debt collector
22/10/2016, 4:37 PM – Dziva Mawere: The Minister does not disclose any interface with any of the underlying creditors nor does he seek any statement of indebtedness to rely upon.
22/10/2016, 4:49 PM – Shingai Ndoro: Has this been tested legally?
22/10/2016, 4:50 PM – Dziva Mawere: Which aspect?
22/10/2016, 4:50 PM – Shingai Ndoro: The above involvement of the justice minister
22/10/2016, 4:52 PM – Dziva Mawere: Indeed but when judges are part of the prosecution team, you can appreciate the consequences. But now as FOSMM it is important to note the possible circumference of the case.
22/10/2016, 4:52 PM – Dziva Mawere: By FOSMM no.
22/10/2016, 4:52 PM – Shingai Ndoro: Should this not be tested?
22/10/2016, 4:53 PM – Dziva Mawere: That is why we have FOSMM to generate debate and possibly resolve
22/10/2016, 4:53 PM – TinasheMpasiri: it should be tested and i call upon legal experts to assist us in this regard.
22/10/2016, 4:53 PM – Dziva Mawere: 👍
22/10/2016, 4:53 PM – Wildfire 1873: why has it not been tested, what the hold up
22/10/2016, 4:54 PM – Wildfire 1873: *whats
22/10/2016, 4:54 PM – Shingai Ndoro: This needs an answer
22/10/2016, 4:54 PM – Dziva Mawere: First we need to define the legal and factual questions
22/10/2016, 4:55 PM – Shingai Ndoro: Is a reconstruction order meant to affect shareholding?

Do the shareholders lose their rights?
22/10/2016, 4:55 PM – Dziva Mawere: As I said SMM ceased to be a company on 6 September 2004 when its board was dismissed and it became an organ of state through administrative fiat.
22/10/2016, 4:56 PM – Dziva Mawere: Indeed. The first act was to remove directors appointed by shareholders without notice to them. What is this Act
22/10/2016, 4:57 PM – Dziva Mawere: What happened after the dismissal of the board is fixed in the mind of an extra judicially appointed Administrator
22/10/2016, 4:59 PM – Dziva Mawere: You can read the regulations and the Act to see the mechanism through which shares can be lost
22/10/2016, 5:24 PM – Adv T Mavula: This raises the question of locus standi. If a debt arise from a guarantee and that’s the cause of action, the Finance Minister and RBZ chief were the proper parties to raise the claim before the courts as creditors on behalf of the state.

The minister of justice as an overseer of the judiciary in any event should not have been a litigant in a proceeding for adjudication in his domain
22/10/2016, 5:25 PM – Adv T Mavula: This us the same predicament arising from Mnangagwa being Min of Justice and VP at the same time. He dips in both Executive n Judiciary and Legislature
22/10/2016, 5:25 PM – Dziva Mawere: Is it fact that the Minister of Justice acted at the instigation of state owned entities
22/10/2016, 5:27 PM – Dziva Mawere: How so when the VP and Minsters are all members of the same branch of government
22/10/2016, 5:28 PM – Adv T Mavula: As raised above there is no proof if his appointment to represent except via the Recon Act
22/10/2016, 5:29 PM – Shingai Ndoro: It’s not factual
22/10/2016, 5:30 PM – Dziva Mawere: In his sworn statement he makes no representations that he was authorised except that his entry point is the Recon law
22/10/2016, 5:30 PM – Adv T Mavula: The set up doesn’t promote or give effect to seperation of powers
22/10/2016, 5:31 PM – Dziva Mawere: How so when no conflict arises
22/10/2016, 5:32 PM – Dziva Mawere: I thought separation of powers is in relation to the three branches of government
22/10/2016, 5:37 PM – Adv T Mavula: Is it healthy for one individual to be the VP(Executive) , Min of Justice (Executive n Judiciary) and Leader if Partly(Legislature)?
22/10/2016, 5:38 PM – Dziva Mawere: What does a VP do in Mugabe’s Ecosystem
22/10/2016, 5:38 PM – Shingai Ndoro: We are drifting off, me thinks.
22/10/2016, 5:39 PM – Adv T Mavula: Trying establish Chinamasa’s position in relation to the proceedings in light of Rule of Law
22/10/2016, 5:39 PM – Dziva Mawere: It is part of literacy I should think
22/10/2016, 5:39 PM – Shingai Ndoro: Ok
22/10/2016, 5:40 PM – Adv T Mavula: Not just their existence only but even in their functions
22/10/2016, 5:40 PM – Wildfire 1873: 👍🏽
22/10/2016, 5:42 PM – Dziva Mawere: How does the fact that Mugabe’s assistant also has a government department to administer create conflict
22/10/2016, 5:43 PM – Dziva Mawere: For all you know, the VP are technically underemployed knowing that Mugabe rarely delegates foreign travel let alone chairing if cabinet
22/10/2016, 5:45 PM – Adv T Mavula: Let me do due diligence and demonstrate my point w relevant citations in a bit
22/10/2016, 5:46 PM – Dziva Mawere: 👍
22/10/2016, 5:46 PM – Shingai Ndoro: In South Korea, the education and finance ministers are co-deputy prime ministers.

Without a ministry, a VP is idle.
22/10/2016, 5:47 PM – Dziva Mawere: 👋🏾👋🏾👋🏾
22/10/2016, 5:49 PM – Adv T Mavula: So they shld assume other functions even if it violates fundamental principles of constitutionalism
22/10/2016, 5:50 PM – Dziva Mawere: Where and how would constitutionalism be violated?
22/10/2016, 5:50 PM – Shingai Ndoro: Which principle is violated?

Being a justice minister doesn’t make him part of the judiciary.
22/10/2016, 5:54 PM – Adv T Mavula: Are saying the Justice minister has no influence in the affairs and conduct of the judiciary? Appointments and so on
22/10/2016, 5:55 PM – Dziva Mawere: What is the doctrine of separation of power
22/10/2016, 5:55 PM – Dziva Mawere: Powers
22/10/2016, 6:00 PM – Adv T Mavula: Let me attend to the issue of violations and separation Shortly
22/10/2016, 6:01 PM – Shingai Ndoro: The issue of separation of powers isn’t absolute.

Please read Federalist Paper #47 by Madison.
22/10/2016, 6:02 PM – Shingai Ndoro: There are overlaps.

Ministers are appointed out of the Legislature taking from the British model.
22/10/2016, 6:02 PM – Dziva Mawere: Powers are not vested in persons but in institutions
22/10/2016, 6:05 PM – Dziva Mawere: The President appoints judges but in the exercise of their duties the judges must act in an impartial and independent manner
22/10/2016, 6:05 PM – Adv T Mavula: Agreed but I m pointing to the result flowing from that
22/10/2016, 6:06 PM – Dziva Mawere: What turns on this argument in respect of the matter in forum
22/10/2016, 6:12 PM – Adv T Mavula: Locus standi and involvement of Chinamasa in the matter as Min of Justice. But its a peripheral issue that shldnt have taken much time
22/10/2016, 6:18 PM – Wildfire 1873: Cdes I still haven’t gotten the answers to the questions I posed
22/10/2016, 6:19 PM – Wildfire 1873: These are the questions ibasked
22/10/2016, 6:19 PM – Wildfire 1873: Asked?
22/10/2016, 6:21 PM – Wildfire 1873: Am asking this questions because I want the the question answered for my listeners. Where under president Mugabe using the SMM facts can be considered to be a bonafide
22/10/2016, 6:21 PM – Wildfire 1873: Constitutional democracy
22/10/2016, 6:22 PM – Wildfire 1873: Help me answer the question. I want to package the program that deals with this issue
22/10/2016, 6:23 PM – TinasheMpasiri: One lesson is abuse of public power by a public office bearer.
22/10/2016, 6:49 PM – Wildfire 1873:
22/10/2016, 6:50 PM – Adv T Mavula: *separate and independent powers*
22/10/2016, 6:50 PM – Dziva Mawere: Thanks.
22/10/2016, 6:50 PM – Dziva Mawere: 👍👍👍
22/10/2016, 6:52 PM – Adv T Mavula: Powers of one branch are *not in conflict* with powers of the other branches
22/10/2016, 6:54 PM – Dziva Mawere: In this case the task at hand is to determine whether the facts of SMM should scare any person who believes in constitutionalism.
22/10/2016, 8:17 PM – Wildfire 1873: Still no answers
22/10/2016, 8:17 PM – Dziva Mawere: May be you can leave it until tomorrow.
22/10/2016, 8:17 PM – Dziva Mawere: What time do you want to leave
22/10/2016, 8:18 PM – Wildfire 1873: In 20min
22/10/2016, 8:18 PM – Dziva Mawere: OK tx
22/10/2016, 8:18 PM – Dziva Mawere: Is adv not online
22/10/2016, 8:19 PM – Wildfire 1873: Seems he’s offline for now
23/10/2016, 5:36 AM – ‪+263 77 735 0451‬: .
23/10/2016, 5:36 AM – ‪+263 77 735 0451‬: Blessed Sunday to all
23/10/2016, 5:39 AM – Dziva Mawere: Morning
23/10/2016, 5:56 AM – ‪+263 77 735 0451‬: Good morning good people
23/10/2016, 5:58 AM – ‪+263 77 735 0451‬: *Results* Results Results.

Zanu PF *6 192*
NCA *89*
T Mliswa *8 927*
23/10/2016, 6:21 AM – Wildfire 1873: Morning
23/10/2016, 6:27 AM – Nikki Radio: Morning Friends
23/10/2016, 6:36 AM – Touch Africa 1873: Watup fam
23/10/2016, 6:59 AM – Brighton Mu: *RBZ abandons bond note plans*

Itaitione Ncube
Newsy Editor

THE Government of Zimbabwe has abandoned plans to introduce bond notes as a way of solving the worsening cash crisis after realising that the hare-brained idea was not just illegal, but highly unpopular, Zimbo Today.com can exclusively reveal. Sources said what is just left is for the embattled Reserve Bank of Zimbabwe governor, “Dr” John Panonetsa Mangudya to make a formal announcement reversing his May 4 policy measure to introduce bond notes.
Instead, Zimbabwe will try to solve its debilitating liquidity and cash crises by leaning more towards the South African rand as well as promoting the use of plastic money. The hare-brained bond note idea was the brain-child of Mangudya, a dubious character whose qualification for the top RBZ job is subject to a court challenge after he got the job using dubious qualifications from dubious university. “It is just a matter of time before Mangudya announces that abandonment of the bond notes… initially, the bond note was supposed to come in June, then it was moved to August, and then to October… the truth of the matter is that the government has realised that it will not be able to defend the move against sure lawsuits that would result from the introduction of bond notes… besides, the government realised that this is a very unpopular move that is worse than the cash shortage itself, considering that people are still nursing their fingers that got burnt during the Zim Dollar era,” a senior banking executive said.
Bankers Association Zimbabwe (BAZ) president Charity Jinya on this week told a parliamentary committee on finance that use of the South African rand would be prudent given the level of trade between the two countries. South Africa is Zimbabwe’s largest trading partner, accounting for about 70 percent of imported goods on the local market. Zimbabwe’s exports on the other hand have tailed off due to the strength of the greenback against regional currencies which rendered them more costly. “It is not sustainable for the US dollar to continue as the major transacting currency so we would recommend that the South African rand be used as the main transacting currency. This would reduce concentration of risk on the US dollar,” said Jinya, who heads MBCA Bank, a subsidiary of South Africa’s Nedbank. Meanwhile, Mangudya’s continued stay at the RBZ is now subject to debate, after the way he has handled the cash crisis made his a real embarrassment to his handlers in the government.
23/10/2016, 7:17 AM – ‪+263 77 225 2629‬: Please use credible sources
23/10/2016, 7:49 AM – Tawanda Fosmm: Newsy editor??
23/10/2016, 7:51 AM – Dziva Mawere: Take a look at @GKMwa’s Tweet: https://twitter.com/GKMwa/status/790067185523621888?s=08
23/10/2016, 8:25 AM – ‪+263 77 735 0451‬: *Norton By-Election Election Official Results*
*Ward Total Results*
*October 22 Poll*

Ward 1
*Mliswa – 437*
Chindedza – 124
Choga – 5

Ward 2
*Mliswa – 80*
*Chindedza – 80*
Choga – 1

Ward 3
*Mliswa – 279*
Chindedza – 162
Choga – 0

Ward 4
*Mliswa – 522*
Chindedza – 246
Choga – 11

Ward 5
*Mliswa – 383*
Chindedza – 183
Choga – 2

Ward 6
*Mliswa – 361*
Chindedza – 122
Choga – 5

Ward 7
*Mliswa – 551*
Chindedza – 432
Choga – 3

Ward 8
*Mliswa – 509*
Chindedza – 211
Choga – 5

Ward 9
*Mliswa – 573*
Chindedza – 238
Choga – 5

Ward 10
*Mliswa – 573*
Chindedza – 342
Choga – 6

*WARD 11*
*Mliswa – 830*
Chindedza – 177
Choga – 8

Ward 12
*Mliswa – 1389*
Chindedza – 1064
Choga – 9

Ward 13 Urban
*Mliswa – 812*
Chindedza – 475
Choga – 6

Ward 13 Rural
Mliswa – 217
*Chindedza – 675*
Choga – 6

Ward 14 Rural
Mliswa – 415
*Chindedza – 809*
Choga – 8

Ward 15 Rural
*Mliswa – 867*
Chindedza – 852
Choga – 11*

*MLISWA – 8927* Declared Winner
Chindedza – 6192
Choga – 89
Spoilt – 114
23/10/2016, 8:33 AM – Doc 1873: Well interesting, a fugitive is often on the run. Could you say someone whose aboard is known and has not changed who when you started pursuing him to arrest already lived where they lived is running when no facts of their aboard has changed? Fugitive refers to a runner, escapee, question is where and from which prison or country had the alleged fugitive fled from or from whose custody where he was held?
23/10/2016, 8:39 AM – Wildfire 1873: Morning Cdes Help me answer the question. I want to package the program that deals with this issue
23/10/2016, 8:40 AM – Wildfire 1873: Am asking this questions because I want the the question answered for my listeners. Where under president Mugabe using the SMM facts can be considered to be a bonafide
23/10/2016, 8:47 AM – Tawanda Fosmm: Where is the question
23/10/2016, 8:48 AM – Primose 1873: Morning
23/10/2016, 8:55 AM – Tawanda Fosmm: The problem with most of our debates is that we fail to take into cognizance that Zimbabwe is not a constitutional democracy,,and has not been for a very longtime,,there is always that temptation to rely on a brocken vase
23/10/2016, 8:59 AM – Dziva Mawere: Perhaps to rephrase the question – if SMM was natural person what would it say about the question whether Zimbabwe has lived under the stewardship of President Mugabe up to the promise of constitutionalism?

SMM would be the injured party who must state its case why the assumption of constitutionalism is not appropriate notwithstanding President Mugabe’s belief that he has honoured the faith.
23/10/2016, 9:01 AM – Shingai Ndoro: Wrong!
23/10/2016, 9:02 AM – Wildfire 1873: So are you saying zimbabwe isn’t a constitutional democracy
23/10/2016, 9:03 AM – Wildfire 1873: Shade more light on your views
23/10/2016, 9:04 AM – TinasheMpasiri: What is your understanding of a constitutional democracy
23/10/2016, 9:05 AM – Tawanda Fosmm: I think we need to revisit how HE devoured the powers of almost every institution starting from the moment he assumed executive authority
23/10/2016, 9:09 AM – Tawanda Fosmm: A constitutional democracy is one in which the role of the state is guided by the rule of law,,with no exceptions
23/10/2016, 9:10 AM – Dziva Mawere: Since we are FOSMM should we not use the prism of the company to resolve the question and in so doing sharpen our understanding why SMM should be an interested party in the question and why FOSMM should be its active advocate. The shareholders were removed under the watch and active participation which event could not have taken place in a constitutional democracy
23/10/2016, 9:17 AM – Tawanda Fosmm: Of course,,smm is amongst if not the primal victim in as far as companies are concerned,,but we must understand a precedent was set already before smm became a victim,in which various institutions such as parliament and the judiciary were rendered in effective
23/10/2016, 9:19 AM – Dziva Mawere: Most juristic persons have no voice. They speak through humans. If we have other examples we can always create sister institutions
23/10/2016, 9:25 AM – Tawanda Fosmm: This sister institutions need to work in reference with others,,and whilst one cannot totally disregard the possibility of a possible positive outcomes,,the fact still remains the Zimbabwean constitutionalism in its current form has been to hesitant to call it existent,,hence the reliance on trial and error
23/10/2016, 9:29 AM – Dziva Mawere: Is the case that all too often constitutionalism is discussed in the abstract if not using human rights eyes when the eyes can be multiplied
23/10/2016, 9:40 AM – Tawanda Fosmm: In what case would the state satisfy the promise to those,,cause it seems justice is served relatively
23/10/2016, 9:42 AM – Dziva Mawere: Do you agree that in any battle of ideas we need two contrary contrarian views? If so, we need to know the question and the respective sides to take so that FOSMM cannot be confused for SMM.
23/10/2016, 9:57 AM – Tawanda Fosmm: Of course i agree,,in respect of smm i would like to know what rights were infringed,,who were the actors and why they were able to rise above their respective institutional roles
23/10/2016, 9:59 AM – Dziva Mawere: Who wants to be on which side of the fence?

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