Felix Mutirori

A Professional Diesel Mechanic And A Father

[Felix Mutirori @FelixMutirori]

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[Felix Mutirori @FelixMutirori]

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[Felix Mutirori @FelixMutirori]

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[Felix Mutirori @FelixMutirori]

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[Felix Mutirori @FelixMutirori]

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[Felix Mutirori @FelixMutirori]

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[Felix Mutirori @FelixMutirori]

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[brian mari @brianmari3]

I am just following posts and comments by people on issue of Tshabangu- from

@drjaytee87

@advocatemahere

@TsunguAlice

@JoanaMamombe

@TereraiSithole
and many others.

Here is my view-

1. We can all agree that this recent move was triggered by statement of
@nelsonchamisa

2. It then follows that our reaction should be on finding the reason why the regime took this move.

3. What is it that is in
@nelsonchamisa
statement that prompted the regime to act in this manner?

4. What is it that the regime expect to achieve by this move?

5. Just for eye opening, I will deal with these two.

6. It is obvious that
@nelsonchamisa
in his statement was talking of a conflict that threatens the legitimate authority in government of which he lodged a complaint with SADC and he awaits a response.

7. So to any person who relates to this issue, he or she must note that we are talking of CONFLICT THAT THREATEN THE LEGITIMATE AUTHORITY in government and the JURISDICTION of SADC over such conflict. These are the two things in question.

8. The definition of a conflict is what define the jurisdiction of remedies that will extinguish the conflict.

9. Identifying the parties to a conflict plays a role in solving the conflict. Without identifying the correct parties one will end up perpetuating the conflict.

10. In
@nelsonchamisa
statement, he addressed the conflict as " lack of legitimate authority institutions of government as a result of August 2023 election. Whether you agree with his view or not is beside the point, the point is, this is what Chamisa gave as his basis of conflict to SADC to be addressed and SADC must address what was presented.

11. In his suggestion,
@nelsonchamisa
says he want fresh elections.

12. This is the part zanu has to react on. Either to redefine the conflict or change the jurisdiction of the conflict from SADC to local remedies or try change parties to the conflict.

13. What ever move you take, be convinced that
@nelsonchamisa
statement threatens the regime and therefore his actions require your support than this decoy.

14. Do not let zanu define the conflict in the country or deflate the magnitude of the conflict to a minor dispute with internal and domestic jurisdiction or allow irrelevant people to join the conflict as parties.

15. I hear that
@Welshman_Ncube
has called a "standing committee meeting". Do not be distracted by that but focus.

16. What happened is, after election of August 2023, zanu expected
@nelsonchamisa
to approach the Malaba constitutional court and file a petition but he did not do so. Instead
@nelsonchamisa
took the dispute direct to SADC.

17. In that case it means he is not just challenging a threat to legitimate authority in office of President but also in constitutional court.

18. In must be born in mind that only the presidential elections are challenged at constitutional court, but the rest are challenged with lower courts.

19. The evidence against legitimacy of constitutional court of Malaba is beyond doubt, in that case zanu want CCC by any form to have a dispute that goes through lower courts until they are bound to approach constitutional court.

20. They tried with
@JobSikhala1
tried with recalls and also tried when ZEC allowed Tshabangu into parliament.

21. Their hope is to twist the elements of conflict and if possible create hope in the people involved to then approach the Malaba court in the name of CCC, thereby legitimizing it and deflate the magnitude of conflict.

22. What must be done is to add this as one of evidence of conflict and do not Approach any court.

23. For record, the Practicing order by Malaba on Electoral disputes disqualifies any othrr court from being a remedy of electoral dispute both in content and its lack of authority.

24. Now that Mudenda himself rescinded his previous decision because according to him
@JamesonTimba
had no authority to write to him, two things have been cleared. That is to say the Speaker knows that, one must have authority in order to write to him and he has power to reject a letter from someone without authority.

25. However, he should now explain before SADC where authority to write on behalf party is derived and how does he prove the legitimacy of authority.

26. Of course our law is not silent on who is a designated office bearer of a party.

27. Section 4 of Electoral Act defines a designated office bearer of a party as one designated to ZEC in terms of section 38A(1)(a) or (b).

28. This definition should clear all the nonsense in that-

(a) Section 38A(1) applies only to political parties that field party list candidates, therefore by definition in Paragraph 1 of Eighth schedule to Electoral Act, only participating parties can designate office bearers.

(ii) This means, other parties that do not field party list candidates, have no designated office bearers even when they have titles of their own.

(c) Because the designation is done from 4th day after proclamation of election ending on 2 days before nomination court date, no other designation outside this window will be allowed. Anyone claiming to be office bearer from any form of designation done after 19 June 2023 is invalid because its not in accordance with s38A(1).

(d) The designation is done on a state prescribed form that stand for inspection by voters in terms Electoral Act. Any designation other than on prescribed form is invalid.

(e)The Designation form lists office bearers by being national or Provincial office bearer, any other designation that is outside this cannot establish the power and authority.

(f) Soon after elections, the ZEC Chief Elections Officer submit to the Clerk of parliament the parties that make up the seats and copy of Form VN5 showing the designated office bearers of party is part of records. The speaker of parliament relying on any designation other than what is on form VN5 submitted after election is acting outside the law and has no valid excuse.

28. Therefore focus must be with SADC and thank the goons for strengthening our claim. We cannot look upto zanu to give solution. Instead we must support our claim using their actions
6:10 AM · May 31, 2024
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[Felix Mutirori @FelixMutirori]

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