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Augustine Chihuri challenges order to explain wealth

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Augustine Chihuri

Augustine Chihuri wants to nullify a High Court order forcing him to explain his wealth, links and interest in a swathe of companies, and that he and his family acquired large property holdings and other assets.

He approached the High Court last week after all his known Zimbabwean assets were placed under management, while he must explain his link to the companies and properties which the State listed for potential forfeiture.

Chihuri is being accused of side-tracking US$32 million of public funds into family companies and buying properties. The order, which the National Prosecuting Authority obtained at the High Court last month, also encumbered Chihuri and the family’s various properties which were simultaneously placed under the management of the Asset Management Unit.

Chihuri, who is being represented by Kantor and Immerman law firm, argues that when the order was granted neither he nor others listed were given any prior notice of the proceedings, or given an opportunity to respond to the allegations that allegedly support the unexplained wealth order.
The order made is an ex parte order, that is one made without the other party aware.

It provides instant relief, albeit on a temporary basis and usually issued when immediate relief is needed and when scheduling a regular hearing and providing notice to the other party is not feasible.

Chihuri argues that the unexplained wealth order constituted a “gross irregularity and a fundamental breach of their legal rights” and wants the High Court to declare certain provisions of the Money Laundering and Proceeds of Crime (Amendment) Act, 2019, infringe the constitution.

“It is my respectful submission that once it is found, as it should be, that the provisions of the Act in terms of which unexplained wealth order was sought and granted are constitutionally invalid, then good cause undoubtedly exist for the setting aside of the unexplained wealth order as it is an incurably bad law,” said Chihuri.

In challenging the constitutionality of the impugned provisions of the Act at the High Court, Chihuri and his family rely on a constitutional provision that gives courts subordinate to the Constitutional Court the power to make constitutional declarations and to pronounce as invalid, offensive pieces of legislation, although any such finding is subject to confirmation by the Constitutional Court.

Chihuri argues that if for any reason, the High Court does not wish to consider the constitutional matter, then the constitutional questions he is raising should be referred to the Constitutional Court for determination.

The State seeks to freeze Chihuri’s companies and the properties, which his family acquired during his 25 years at the helm of the police force, pending the final outcome of possible criminal investigations and civil suits.

Justice Felistas Chatukuta last month granted an application by Prosecutor-General Mr Kumbirai Hodzi for an order forcing Chihuri and his wife, Isobel Halima Khan, to explain how they acquired their properties and to interdict them from having any dealings with the companies.
Chihuri and his co-respondents listed on the application did not contest the application.

Chihuri’s daughter Samantha Hamadziripi Chihuri, and son Ethan Takudzwa Augustine Chihuri were listed as respondents in the application along with relatives Aitken and Netsai Khan and the six companies — Croxile Investments, Adamah Enterprises, Mastermedia (Pvt) Ltd, Mastaw Investments and Rash Marketing. The companies won orders for the supply of goods and services without going to tender.

According to the uncontested order, Chihuri is required to explain his relationship with Nodpack Investments (Pvt) Ltd, Croxile Investments (Pvt) Ltd, Mastaw Investments (Pvt) Ltd, Rewstand Enterprises (Pvt) Ltd, Rash Marketing (Pvt) Ltd and Adamah Enterprises (Pvt) Ltd. The Herald

POLITICS

Mnangagwa appoints army General Sibanda into the Zanu PF politburo

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Philip Valerio Sibanda ZaNU PF

President Emerson Mnangagwa has appointed General Philip Valerie Sibanda, the Commander of the Zimbabwe Defence Forces, to the Zanu PF politburo, in violation of the national constitution.

During a Zanu PF conference in Gweru on Saturday, Mnangagwa announced that the country’s top-ranking soldier would become an ex officio member of the party’s highest decision-making body in between congresses. Mnangagwa, who benefited from a 2017 military coup, made this announcement during his closing remarks.

“During the course of the year, we lost one of our party stalwarts, Cde Joshua Teke Malinga who was the Secretary for People with Disabilities.

Philip Sibanda’s appointment is a violation of the national constitution which says “The Defence Forces must respect the fundamental rights and freedoms of all persons and be non-partisan, national in character, patriotic, professional and subordinate to the civilian authority as established by this constitution.”

While Zimbabwe’s military is known for being embedded with ruling party politics, Sibanda’s appointment is an unprecedented case of a serving soldier taking a leadership position within a political party.

The Zanu PF-led authority has ironically hounded out of service, a lot of officers within the country’s unformed forces for associating themselves with the opposition, which protests continued military involvement in Zanu PF campaigns.

The appointment of Philip Sibanda could come as an attempt by the under-fire leader to hedge himself against a possible coup with the military ever interested in who should be in the country.

The controversial appointment could also fall within the willy politician’s paraphernalia of self-serving schemes amid subtle signals of an ambition to go for a third term.

Zimbabwe has a dirty history of military interference in the country’s political affairs.

During past election periods, partisan military commanders have vowed never to “salute” an opposition leader emerging from the country’s polls in an indirect threat to block the ascension into power of any winner of the presidential election who is not Zanu PF.

Mnangagwa could also be preparing Philip Sibanda for a post in the Zanu PF presidium.

Last year, exiled former cabinet minister and politburo member Jonathan Moyo revealed Mnangagwa was keen to name Sibanda as his second vice president.

Sibanda is among former liberation war fighters drafted into the country’s military upon independence after having waged the war as a ZIPRA combatant.

ZIPRA was the military wing of the former PF Zapu, a liberation war movement that fought side by side with Zanu PF for the attainment of independence.

The current co-vice president, also a former PF Zapu politician, is battling poor health.

Mohadi collapsed a week ago while addressing a Zanu PF rally called to drum up support for a Gutu party election candidate.

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NEWS

Public Outcry Grows Over Mnangagwa’s Appointments of Family Members as Deputy Ministers

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Emmerson-Mnangagwa-sons

On Monday, President Emmerson Mnangagwa was accused of nepotism for appointing his son, David Kudakwashe Mnangagwa, as the deputy finance minister in his new cabinet, after a controversial re-election. David will be working under finance minister Mthuli Cube. Additionally, the president’s nephew, Tongai Mafidhi Mnangagwa, was named as the deputy minister of tourism and hospitality.

According to Fadzayi Mahere, a member of the Citizens Coalition for Change (CCC), the cabinet of Mnangagwa is unacceptable. Mahere stated that it is a combination of illegitimacy, corruption, violence, nepotism, incompetence, and sex scandals. She added that it lacks the ethical leadership that Zimbabweans need and deserve. It is no surprise that the national mood is dismal.

Mnangagwa appointed Christopher and Monica Mutsvangwa as ministers. Christopher will lead the new ministry of Veterans of Liberation, while Monica will be the minister of Women’s Affairs and SMEs.

David Mnangagwa graduated from the University of Zimbabwe with a law degree. He was elected to parliament through the youth quota system, listed on a Zanu PF party roster from the Midlands province. Mnangagwa is believed to have almost two dozen children.

Tongai, meanwhile, is the Zanu PF MP for Hunyani constituency. His late father, David, was Mnangagwa’s young brother.

On Monday, sources reported that Mnangagwa is contemplating bestowing an official role on his son, Emmerson Junior, in his office. According to the source, Junior has already attended some of the president’s meetings with foreign investors, which has been an uncomfortable situation. Mnangagwa aims to regularise this arrangement by giving Junior an official position, such as an adviser or director.

On August 23rd, the 80-year-old Mnangagwa was declared the winner of the election amidst opposition allegations that the vote was fraudulent. He is now serving his second and final term as president, becoming another addition to the list of African leaders who have established political dynasties.

In Congo-Brazzaville, President Denis Sassou-Nguesso appointed his son Denis-Christel as a cabinet minister, a move that revived media speculation that he had a dynastic succession in mind.

Teodoro Obiang, President of Equatorial Guinea, appointed his son, Teodoro Nguema Obiang Mangue, as Vice President. He has been in power since removing his uncle Francisco Macías Nguema in 1979.

The former President of Gabon, Ali Bongo Ondimba, is the son of Omar Bongo who held the position from 1967 to 2009. Similarly, in the Democratic Republic of Congo, Joseph Kabila succeeded his father, Laurent-Désiré, after his assassination and remained as the head of state for 17 years.

Rwandan President Paul Kagame has appointed his daughter Ange Kagame as the deputy executive director of the Strategy and Policy Unit in the Office of the President.

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NEWS

“CCC’s Ian Makone Takes the Helm as Harare’s New Mayor with Kudzai Kadzombe as Deputy

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new-harare-mayor-ian-makone

The Citizens Coalition for Change (CCC) has a new mayor in Harare. Ian Makone, who represents Ward 18, won the vote of the council on Monday, replacing Jacob Mafume from Ward 17. Kudzai Kadzombe, representing Ward 41, will serve as his deputy.

The CCC won a large majority in the election, taking 42 of the 45 council seats. Makone received 46 votes from the council, while his opponent, Temany Utete of Zanu PF, received only 7. Kadzombe won with 47 votes, compared to Susan Chuma of Zanu PF, who received 7. Party leader Nelson Chamisa instructed CCC councillors to vote for Makone and Kadzombe, and issued similar instructions for the election in Bulawayo.

In his first speech as mayor, Ian Makone pledged to prioritize service delivery to all residents, regardless of political affiliation. He also promised to tackle corruption and ensure that council workers are fairly paid. Tafadzwa Muguti, Harare’s secretary for provincial affairs, offered government support to the new council in addressing issues such as water supply, garbage collection, and sewer maintenance.

Overall, the message from the council and government officials was one of unity and shared responsibility for the well-being of Harare and its residents.

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