🔸Back in 1987 when the Constitution was amended to allow for the direct election of the President, Edison Zvobgo made a compelling case for direct election. He observed that this direct election process was core to “one man, one vote” and denounced the notion of a parliamentary executive as being divorced from the people.
It’s a pity @ZANUPF_Official no longer has intellectual muscle of this caliber. They cannot even have a sound cerebral debate. Varikubatirana pfuti nekunyima vanhi secret ballot in their desperation to rail road a brainless amendment that will ruin the remaining embers of our democracy.
They’ve been reduced to mbingarism, cash for votes and cars for loyalty. They leave their brains at the door. Intellect has been replaced by paid trolls who flip flop according to the highest bidder. Of it’s not paid activism, then it’s a predatory elite that’s stolen so much they’re consumed by the pandemic of conspicuous consumption - spending money meant for basic services on their personal largesse.
Ndozvamakaendera kuhondo here izvi? Our true heroes must be turning in their graves. Did their blood go to waste?
It’s a mess.
We need new leaders.🇿🇼
Dear @NetOneCellular
My OTPs for Banks, google cloud, Amazon, Netflix etc now go to a Chinese foreign national. As do all my SMS’ .
To hand over my number for DECADES to a random Chinese man who wanted my triple 1 triple 1 is unbelievable. Who was bribed for this? They used to offer me thousands for my number and i always refused.
It’s customary these days for us to run our telegram, WhatsApp and iMessage without using direct calls. I am always around WiFi so NEVER needed to top up. Just received calls.
You can’t after a few months of me traveling just take away my number. Come on guys. I have been with NetOne since 1998!!!!! That’s longer than my first born who’s 24yr old.
On the right is Sonko , the founder & leader
On the left is a younger protoge, Faye
Sonko is disqualified he says to Faye, 'Bro, run in my stead , I'll support you'
Faye runs , and he becomes president
Can Zimbabwean politicians be this selfless ? Answer in your heart ❤️
The Beautiful Ones Are Not Yet Born
By Rex Midzi
Zimbabwe 🔥
Disheartened by the now famous audio in circulation. My heart sank, crest fallen a voice within reminded me of Ayi Kwei Armahs book and I realised , the beautiful Zimbabweans are not yet born. I smiled at the prospect
Zimbabwe a beautiful land. A nation carved through endurance, sacrifice and resilience. Long before the modern state was born, our people stood against conquest and subjugation
The Pioneer Column marched into our land in 1890, and on 13 September 1890 the Union Jack was raised at Fort Salisbury now our beautiful Harare , marking the formal beginning of colonial occupation
History teaches us something profound about Zimbabweans : we do not surrender our spirit easily even though it may feel tiresome
In March 1896, the First Chimurenga erupted in earnest. From the four corners of the land our young men and women rose in defiance against imperial domination. By October 1897, the uprising had largely been crushed militarily, but the soul of resistance endured
Decades later, in the early 1960s, the first shots of the Second Chimurenga were fired most notably in Chinhoyi setting in motion the long and bitter struggle that would eventually deliver independence in 1980
ZANU PF emerged victorious from that liberation struggle and ushered Zimbabwe into a new chapter of freedom and self rule
Hama dzangu we must speak honestly with ourselves
We are witnessing a great failure of national character. The opposition, once filled with promise, appears exhausted and directionless. Its supporters have been fed hope upon hope, yet remain stranded in uncertainty, waiting endlessly for a deliverance that never arrives i doubt it ever will
And so we arrive at an uncomfortable truth: whether one likes it or not, ZANU PF remains the only truly standing political structure in the nation
Yes , in recent past we have witnessed spectacles of excess
displays of consumptive wealth without restraint. Arrogance. Abuse of our institutions. The rise of what we now call the “Zvigananda”. It is tempting to believe these individuals represent the soul of the party. They do not !
A movement born from sacrifice cannot be defined solely by its loudest opportunists
ZANU PF, at its foundation, was built upon what our founders coined Gutsaruzhinji the will and strength of the masses , that is equitable distribution of wealth. The few bad apples, no matter how powerful, cannot alone define an entire liberation movement
The majority still exists We, the people, are that majority
And perhaps the greatest mistake we can make is to stand outside the walls and complain endlessly while abandoning the very institutions that shape national power consistently
If enough ordinary Zimbabweans principled Zimbabweans immerse themselves within the party and its structures, reform becomes possible from within. Institutions do not reform themselves. People reform institutions
There is, in truth, no meaningful opposition force left standing. Even the loudest resistance to the excesses of the Zvigananda appears to come not from outside ZANU PF, but from voices within it the party itself. The so called opposition seems to silently cheer on these economic parasites
That reality may be uncomfortable, but it is reality nonetheless
And perhaps history is now asking a difficult question of us all:
If the house cannot be abandoned, do we not enter it and rebuild it ourselves?
If you find a snake in your home , do you then burn your house down ? Eddison Zvobgo once asked
You have heard the audios , you have witnessed the spectacles of opulence
The beautiful ones are not yet born , I ask of you today BE BORN MWANA WE ZANU
Rex
The National Dog 🐕
@ragnar_alwyn@Am_Blujay Muzukuru of a prominent and most vocal politburo member died after pashaikwa ambulance coz ma general rural hospital had no working ambulance
LUKE MALABA’S LEGACY AS CHIEF JUSTICE OF ZIMBABWE
By Beatrice Mtetwa
The hullabaloo accompanying the retirement of erstwhile Chief Justice of Zimbabwe, Luke Malaba, has come and gone. The gushing and over effusive praises remain a subject of intense discussions within the legal profession and although there were a few lawyers who were prepared to publicly disagree with the effusive praises, in private there are hardly any lawyers who share the exaggerated praises heaped on retired Chief Justice Malaba.
So, what imprint did Luke Malaba leave in Zimbabwe’s judicial system as Chief Justice? Were the accolades heaped on him deserved or were speakers engaging in Zimbabwe’s now familiar praise singing one minute and backstabbing as soon as one’s back is turned as we saw with Robert Mugabe? There can be no doubt that Luke Malaba is an above average jurist. One only has to read his judgments before he became Chief Justice to confirm this.
One only has to read his dissenting opinion in MAWARIRE v MUGABE N.O & OTHERS 2012 (1) ZLR 469(CC) to confirm his skills as a jurist of note. In that opinion, he famously refused “to have wool cast over the inner eye” of his mind and proceeded to write a cogent and convincing dissenting opinion on what was as clear a political ploy as is CAB3. His opinion was that he would have dismissed the application on the merits.
This was not an isolated opinion as he had penned many other epic judgments during his tenure as a judge both in the High Court and in the Supreme Court.
It was on the basis of his demonstrated jurisprudential credentials that when it was clear that there was reluctance to appoint him to the position of Chief Justice, despite being the best candidate at the interviews, some of us approached the courts questioning the relevance of the interviews if the best candidate would be overlooked.
When he was ultimately appointed, there were great expectations of a new judicial era where citizens would enjoy all the rights and freedoms overwhelmingly approved by Zimbabweans in March, 2013 when they voted in the referendum.
Regrettably, the retired Chief Justice dismally failed to discharge his duties with the independence, fairness and impartiality envisaged in the Constitution. Instead, he embarked on a journey “yekufadza mutengi wedoro” where he perceived justice as any result which favours the executive.
I followed, with disbelief, as speaker after speaker, spoke in glowing terms about the retiring Chief Justice’s perceived leadership skills and style which put him on a pedestal never reached by any of his predecessors. As each speaker spoke, it felt like I was at a funeral listening to eulogies where each mourner seeks to outdo all others in praise of the deceased in typical “wafa wanaka” philosophy.
Retired Chief Justice Malaba was not a Constitutionalist more by choice and design than by lack of the attributes of a Constitutionalist. His dissenting opinion in the Mawarire case demonstrates beyond doubt that he fully understands constitutionalism, that he possesses the required skills to interpret provisions of the Constitution and other laws. He simply chose not to use these attributes because doing so would not have served the interests of the Appointing Authority.
He chose not to side with the people. He chose to disregard the constitutional imperative for courts to be independent, impartial and to subject themselves only to the dictates of the Constitution which demand that its provisions be applied without fear, favour or prejudice in the protection of human rights, the Rule of Law and all other freedoms that are constitutionally guaranteed.
The retired Chief Justice was an unashamed gatekeeper at the Constitutional Court where only those cases he believed met constitutional muster were permitted to be filed. Even where litigants managed to squeeze through the tightly controlled doors of the Constitutional Court, including the use of technicalities, which have no room in constitutional jurisprudence, were used to evade and avoid important constitutional issues which would have given citizens the rights and freedoms envisaged in the Constitution.
Instead of providing greater access to the Constitutional Court so that the many clear rights in the Constitution could be enjoyed, the retired Chief Justice dreamt up control mechanisms that had hitherto escaped his predecessors which included issuing Practice Directives that severely curtailed the independence of judicial officers. These included requiring judges to submit their judgments for “approval”, which he later changed to “seen” before these could be handed down.
Despite having had the freedom to pen dissenting opinions under the late Chief Justice Chidyausiku, he denied Supreme Court judges the same freedom by directing that they not dissent, thus creating a herd mentality which did not in any way develop the country’s jurisprudence. This is in addition to what he called “uniform” judgment writing.
He incredibly wanted judges to attend a workshop at the ZANUPF Herbert Chitepo School of Ideology despite the Constitution specifically proscribing the advancement of a political party’s agenda. A judicial officer who fancies himself as a Constitutionalist must leave behind a body of work which shows his adherence to provisions of the Constitution.
His works must demonstrate that freedoms given in the Constitution are allowed by the courts to be enjoyed by citizens. Where the Executive branch of government overreaches and abuses its powers, as ours almost always does, a Constitutionalist must ensure that government power is strictly defined, that it is limited to what was envisaged in the Constitution, and that the Constitution becomes the foundational document on which all other oversight institutions derive their power.
Regrettably, we did not see this under Chief Justice Malaba. Instead, we have seen citizens’ rights being eroded and curtailed in ways never imagined. Where the Constitution and the Criminal Procedure and Evidence Act envisaged bail as a right and an entitlement, we have seen the admission to bail in certain types of cases become a virtual impossibility.
This in turn has increased unchecked tyranny by those who wield political power. Citizens against whom there is no reasonable suspicion of the commission of an offence are routinely arrested and denied bail.
Brazen robbers who snatch phones from citizens in the glare of cameras are not touched. Going to court to assert rights under Luke Malaba became more of a record keeping and evidence collecting activity than a search for justice as results of certain types of litigation could be predicted with precision.
The principle of Constitutionalism was certainly non-existent under retired Chief Justice Luke Malaba and anyone who claims that the recently retired Chief Justice was a Constitutionalist is blind to the fact that the retired Chief Justice was a slave to absolutism and that what the Appointing Authority wanted, it would be given on a silver platter without any restrictions.
Where he doubted adherence to what would be delivered to the Appointing Authority, he had no qualms in sitting in cases where he had an interest in breach of the sacrosanct requirement that one should not be a judge in his own cause.
Sadly, the disregard for the Constitution and the Rule of Law was not limited to the general litigating public and those who find themselves on the wrong side of the criminal justice system. Judges and other judicial officers, who are required by the Constitution to be independent, fair and impartial, to apply the law without fear, favour or prejudice, were constantly under pressure during retired Chief Justice Malaba’s tenure.
The talking down to potential judges and other judges is a matter of public knowledge as retired Chief Justice Malaba displayed this at public interviews which became so toxic that most people who qualify to be judges and would make good judges simply stopped applying.
Those who were brave enough to apply and withstood the public haranguing, performed and scored well were still not appointed and instructions to appoint those favoured by the Executive were followed to the letter. That this has undermined the constitutional imperative that judges be independent and impartial is beyond argument as judges appointed under such a scheme will be susceptible to interference in the discharge of their duties.
The Chief Justice is head of the Judiciary in Zimbabwe and chairs the Judicial Service Commission. Although the Constitution maker envisaged a JSC that is representative of the entirety of the justice delivery sector, it is an open secret that retired Chief Justice Malaba ran the JSC as his personal fiefdom with only the chairperson of the Civil Service Commission being able to exercise a modicum of independence, thought and comment.
Even where blatant disregard of the law and procedures were obvious, members of the Judicial Service Commission remained mute. The important function where Commissioners are required to “promote and facilitate the independence and accountability of the judiciary, the efficient, effective and transparent administration of justice in Zimbabwe” was abandoned by Commissioners who saw, heard and spoke no evil when this important function was disregarded.
We heard nothing from the JSC when recommendations to set up tribunals were ignored for lengthy periods of time despite the Constitution giving the JSC the power to advise government on any matter relating to the judiciary and the administration of justice. JSC members remained mum when judges were directed to abandon their independence through inappropriate Practice Directives.
No member of the JSC publicly protested the CJ’s directive to attend at the Herbert Chitepo School of Ideology. A commission that was designed to have checks and balances through representation from all arms of the justice delivery system became a one-man institution. It is hoped that the new brooms will sweep out all these cobwebs from the JSC.
It is correct that retired Chief Justice Malaba presided over an impressive decentralization programme where courts set up in areas where citizens were previously required to travel long distances, at huge cost and inconvenience, to access justice. It is also correct that he introduced the IECMS system which, when functioning properly, has also improved the ease of litigation for those who can navigate the system.
These are commendable improvements from which the newly appointed Chief Justice should build on. What is now expected is that fair, impartial and independent justice will be dispensed from these facilities. After all, it is the fairness of the system that counts far more than the glitter of the infrastructure. Citizens would rather receive fair, impartial and independent justice under a tree than bad justice from fancy electronic systems and spanking new courtrooms.
It is extremely unfortunate that the speakers at the retirement functions chose praise singing above truth telling. This is unfortunate because it will encourage the newly appointed leadership of the judiciary to follow the same path knowing that at the end of their tenure, we will sanitize all their deliberate subversions of the Constitution and the Rule of Law. As an active and litigating member of the legal profession, I welcome Luke Malaba’s retirement which ought to have been some five years ago if he is indeed a Constitutionalist.
Beatrice Mtetwa is one of Zimbabwe’s most prominent lawyers and constitutional litigators. She is internationally respected for defending journalists, opposition politicians, activists and ordinary citizens in politically sensitive cases, often taking on the Zimbabwean state during periods of intense repression under both Robert Mugabe and Emmerson Mnangagwa.
Over the years, she has built a reputation for fearless courtroom advocacy, constitutionalism and the defence of civil liberties, earning several global human rights and legal awards for her work. She has been jailed before for representing opposition causes.
While you are discussing my case @PoliceZimbabwe, please could you update the nation on how far with your investigation of ZANU PF Central Committee member Luckmore Gapa and Nicholas Hamadziripi who were caught red-handed on camera assaulting and robbing me of my phone.