Fadzayi Mahere

Elected MP, Resignation from CCC and Parliament

Fadzayi Mahere was one of the people who formed the CCC party in January 2022. In August 2023, she ran as the party's candidate in the elections and won the seat for the Mount Pleasant constituency. However, on January 29, 2024, she resigned from Parliament without giving a specific reason for her decision. But earlier, on January 26, 2024, she had sent a letter to her constituency explaining that she was resigning from both the CCC and Parliament because she believed that ZANU PF, the ruling party, had infiltrated the CCC. Mahere said she no longer recognised the party she had helped create and didn't want to be a member of it anymore. She also accused ZANU PF of using Sengezo Tshabangu, the disputed interim secretary general of the CCC, to dismantle the opposition party.

Fadzayi Mahere's decision to resign from Parliament came after Nelson Chamisa, who had been serving as the interim president of the CCC since its establishment, also resigned from the party on January 24, 2024. Both Mahere and Chamisa cited the same reasons for their resignations, claiming that the party had been infiltrated and hijacked by ZANU PF and its allies in the CCC. Mahere expressed her belief in Chamisa's leadership and stated that she was following his decision to leave the party.

Criticism After Representing Corruption-Accused Bank

In July 2019, following the release of an audit report revealing corruption at NSSA which implicated Metbank, Mahere was criticised for representing Metbank as an Advocate in the courts. Metbank had, in 2017, controversially secured the TBs from NSSA as security for some third-party borrowings, but the bank failed to return the bills by June 2018 as agreed. After negotiations over the bills failed, NSSA then went to court, seeking the return of the three TBs. Mahere argued on behalf of the bank that NSSA was in fact demanding the TBs back before they were due. She lost the case.^[1]

Personal Details

Born: 30 July 1985, Harare to Stephen Mahere.

School / Education

Secondary: Arundel School
Tertiary: 2004 to 2008, Bachelors of Law Honours degree (LLB Hons), University of Zimbabwe.
While at the University of Zimbabwe, she was Lead Counsel for the Zimbabwean Team that won the All Africa International Humanitarian Law Moot Court Competition in Arusha, Tanzania in 2007 and was awarded Prize for the Best Oral Argument in the Finals. Mahere was also Lead Counsel for the University of Zimbabwe Team that won the National Moot Court Competition on International Humanitarian Law. In 2006 she got the opportunity to be Zimbabwe's Representative at UNICEF African Video Conference on HIV/AIDS.
2010 to 2011 - Master of Laws, International Criminal Law & International Commercial Litigation, University of Cambridge.
Her special area of focus was on election violence as a crime against humanity under international law. During her studies at Cambridge, she was a member of the Cambridge Law Society Cambridge Pro Bono Project Cambridge-Texas Defender Services Cambridge Union Debater.^[2]

Service/Career

Mahere practiced for a year in the Prosecution Division of the International Criminal Court in The Hague.^[3]

Positions Held

• Advocate of the High Court and Supreme Court of Zimbabwe from January 2012 – Present, Harare
• International Criminal Lawyer - Office of the Prosecutor-International Criminal Court from 2009 – 2010 (1 year)
• Lawyer for Gollop and Blank Legal Practitioners from 2007 – 2009 (2 years)
• Legal Researcher - Office of the Prosecutor for the United Nations International Criminal Tribunal for Rwanda in 2008 (less than a year)

Events

Criticism Of Bond Notes

In June 2016, Mahere was part of a delegation put together by This Flag Movement to meet with Reserve Bank of Zimbabwe Governor John Mangudya concerning the introduction of the bond notes. The delegation consisted of Vince Musewe and Evan Mawarire who gave the opening remarks and reiterated that the citizens did not want the bond notes.

At the event Mahere highlighted that the bond notes were unconstitutional as it goes against Chapter 17 of the Constitution which speaks on public finance.

Criticism of Evan Mawarire's Leaving Zimbabwe

In August 2016, Mahere criticised Mawarire for betraying the hatichatya – we are not afraid message that had been the tagline of the ThisFlag movement.

He told us all not to fear – on radio, in his videos, on social media and in the street. There is no denying that many were emboldened by his mantra and his leadership. Over the months that he ran his campaign, many regular citizens made themselves more vulnerable than they otherwise would have.

...It came as a confusing shock to many when he decided to leave the country barely a day after an overwhelming 5000-strong crowd came to the courthouse in Harare to stand with him and denounce fear. His explanation for leaving is that he fears what the state may do to him when he returns.

...Was he lying when he said he wasn’t afraid? Is he now afraid?

...Or does he now have asylum? If he has, we have to accept do we not that this is a monumental betrayal of many Zimbabweans who stood beside him and made themselves equally vulnerable to attacks by the system?^[4].

In response, some Zimbabweans criticised her for assuming that everyone enjoyed the kind of safety she enjoyed as the daughter of a Zanu-PF member.

Letter To The President

Following Robert Mugabe's address to war veterans on 27 July 2016, Mahere wrote an open letter to him on her Facebook wall asking if the President was joking when he enacted the new constitution that gives people the freedom to expression.

Dearest Mr President

Some Zimbabweans get sorely frustrated to a point where they opt to use expletives in respect of you. Some – in your own party, as you will no doubt be aware, plot your downfall behind your back. Some ignore what you have to say and get on with the business of living.

I operate slightly differently – I listen to what you have to say – and I think – and critically. Mr President, I cannot help thinking. I am a slave to reason. I think about everything – big or small. When something does not make sense to me, it nags me like an itch I can’t reach. I try to ignore it and try and move on with my daily life – but the itch doesn’t go away. So I have been thinking about your speech yesterday, addressed to war veterans but touching on us all. I actually tuned in. Afterwards, I tried to continue as though nothing had happened but I couldn’t. I am itching and I cannot reach. Arising from what you said, therefore, I have a few questions to ask and observations to make. I say everything with respect and don’t intend to insult or subvert you – I genuinely wish to understand.

Were you just kidding around when you enacted the Constitution together with Parliament on the 22nd of May 2013? Was it all a sham? Have you changed your mind perhaps about what you were signing into law? If you have, surely you’d have to change the Constitution before you start acting so contrary to it?Until it is changed, surely it is binding – on you, on me, on everyone?

You said many things in your address yesterday but what struck me most was your assertion that “once [citizens] begin to get involved with our politics you are courting real trouble, we know how to deal with our enemies who have been trying all along to effect regime change.” This was addressed inter alia to #thisflaggers. What I understood this to mean is that we cannot, as ordinary people, question our politicians or speak out against issues we feel may need to change. It also appears implicit that we are not, in exercising our political choices entitled to disagree with you in particular and Zanu PF in general.

Surely this threat runs directly counter to our rights under section 67 of the Constitution? Section 67(1)(b) of the Constitution gives us the right to make political choices freely – in other words without you calling us enemies, threatening to unleash the police on us or calling us “nonsense.” Section 67(2)(a) proceeds to give us the right to form, to join and to participate in the activities of a political party or organisation of our choice. The Constitution thus allows us to join and participate in the activities of #thisflag. Section 67(2)(b) allows us to campaign freely and peacefully for a political party or cause. #thisflag is a cause we choose to campaign for. Surely, we cannot be hindered in doing so? Free means free – without the threat of reprisals.

Most crucially, Mr President, section 67(2)(d) allows us to participate, individually or collectively, in gatherings or groups or in any other manner (including #thisflag posts on social media) in peaceful activities to influence, CHALLENGE or SUPPORT the policies of the government or *any* political party or *whatever* cause. This section accordingly allows me to CHALLENGE the policies of the Government and Zanu PF and to SUPPORT #thisflag.

These are my constitutional rights as a citizen. Section 2 of the Constitution (not me) provides that the Constitution is the SUPREME law of Zimbabwe (in other words it overrides the Constitution of Zanu PF or your personal sentiments on any issue). *Any* law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency. The inescapable conclusion, therefore, is that to the extent that you undermined my political rights guaranteed by section 67 in your speech yesterday, your conduct in so doing was unconstitutional and invalid.

With all due respect, Mr President, this is not an insult or subversion. It’s the law, the supreme law that you agreed to, enacted and promised to respect.

Have a lovely, lovely day.

Yours sincerely

Adv F Mahere

Tinashe Chitsunge's Killing, August 2023

On 3 August 2023, Tinashe Chitsunge, a CCC activist member, was fatally assaulted with stones in Glen Norah. It is alleged that his assault was conducted by members of Zanu PF youth, who had pursued them from Tanaka Grounds, a venue that the CCC had reserved for a rally.

Fadzayi Mahere. Spokesperson for the CCC said:

WE WANT ELECTIONS NOT WAR The Citizens’ Coalition for Change condemns the escalation of political violence driven by Zanu PF in most provinces as we approach the 23 August 2023 elections. Yesterday, Tinashe Chitsunge, a committed member of the CCC, was murdered in cold blood by suspected Zanu PF youths. Eyewitness accounts report that he was stoned repeatedly in the head before falling to his death on the tarmac in Glen View 7. Several of our members were badly injured during the violent attack. The matter was immediately reported to the police and details of key suspects were provided. The orgy of violence was instigated by Zanu PF members who were attempting to prevent a CCC rally for Churu Constituency from taking place. The Zanu PF group had been camping at Tanaka Grounds, the venue set for the rally, since about 6am yesterday morning. It is reported that, knowing that a CCC rally was going to take place, the Zanu PF group barricaded the entrance and set up a sound system playing music. They also started to play soccer at the venue. The occupation of the venue that we had booked was a clear act of provocation. Attempts were made to report the provocation to the police. However, the Zanu PF youths remained stationed there. As the time for the rally drew closer, our campaign teams were peacefully sharing campaign fliers and installing posters whereupon Zanu PF youths started to mob one of the campaign trucks. Video evidence shows the Zanu PF youths inciting violence, threatening our members and saying that the police could not touch them. The Zanu PF youths started throwing big boulders at our members and eventually struck Tinashe Chitsunge. According to reports of those present, they continued to attack him with stones after the fell to the ground. We have also received reports of politically motivated violence perpetrated by Zanu PF in Mutare Central, Nyanga, Chivi, Chipinge, Shurugwi among many others. A Zanu PF mob stoned President Nelson Chamisa’s convoy and barricaded roads as President Chamisa travelled in Manicaland yesterday as part of our campaign. We call for an immediate end to this clear pattern of political violence by Zanu PF against CCC. It is not a crime to wear yellow or to be a member of the CCC. No person should be killed for their politics. Citizens must be allowed to choose their leaders without violence or intimidation. We demand a thorough, non-partisan investigation into the murder of Tinashe Chitsunge. The perpetrators of this callous attack and the series of Zanu PF violence against CCC members must be brought to book by the institutions mandated to do so by our Constitution. We remain committed to peaceful resistance and will not stop. It is not enough for Zanu PF to pay lip service to peace at their rallies. They must stop committing violence against the CCC.

An electoral process soaked in the blood of innocent citizens is not the sort of electoral process the citizens of Zimbabwe deserve. We want elections not war.

The Zimbabwe Republic Police (ZRP) made an official statement disclosing the arrest of 10 individuals suspected of involvement in the murder case. ^[5]

Zimbabwe Republic Police (ZRP) Commissioner-General Godwin Matanga then said, 17 August CCC activist Tinashe Chitsunge who was killed on 3 August 2023, was run over by the party’s truck. , Matanga said they are still waiting for the postmortem report. This conclusion runs is contrary to eyewitness accounts that indicated that Chitsunge was stoned to death by suspected Zanu PF activists. Fifteen people were arrested in connection with Chitsunge’s death, they were charged with public violence and were freed on bail. ^[6]

Citizens' Coalition for Change (CCC) criticised Zimbabwe Republic Police (ZRP) Commissioner-General Godwin Matanga over his remarks. CCC said Matanga’s remarks are “disheartening and regrettable.” The Commissioner’s lack of honesty is evident, as his officers have already arrested and issued fake charges against over 10 individuals directly involved in this atrocious crime. We demand an ethical and accountable police force, one that does not engage in propagating the agenda of any political party. ^[7]

Interviews

In an effort to get the youth more involved and to understand politicians Fadzayi, started interviewing politicians on #ThisFlag Thursdays.

Running for Member of Parliament

On 28 June 2017, Fadzayi Mahere announced that she was entering politics and that she was going to run for Member of Parliament of her home area of Mount Pleasant. She announced that she was going to be running as an independent. As part of her launch speech, she said:

We have tried to encourage accountability and transparency but have been met with resistance, half-truths and most ironically silence. Our government is asleep and our parliament is largely incapable of representing the best interests of the citizens. There are reports of parliamentarians who spend an entire year without speaking. How can you represent the concerns of citizens if you never stand up to be counted? We have watched dubious legislation pass through parliament with very little opposition and even less civil engagement. When was the last time our members of parliament came into the community to discuss issues or deliberate proposed

As a member of the Citizens Coalition for Change and its spokesperson, Mahere was nominated to represent the party in the 2023 Harmonised Elections in Mt Pleasant Constituency. She was duly elected the Member of Parliament for Mt Pleasant.

In October 2023, Mahere was named the new Chairperson of the Parliamentary Portfolio Committee on Higher Education, Science and Technology Development in the 10th Parliament of Zimbabwe.

Campaign Videos

Political Manifesto

To download her manifesto in English please click here:

• File:Fadzayi Mahere-mp-Manifesto-ENGLISH .pdf

Response on Robert Mugabe Coup Claims

In March 2018, Mahere responded to the former president's claims that he was unconstitutionally removed from his position as president. Speaking at the SAPES Trust, Mahere said,

It’s a myth that the military took over Zanu PF in 2017, the military has always been in bed with Zanu PF that is why in 2008 they held another gun to Mugabe to say you are not going anywhere and it seemed not to raise these arguments at that time.

The suggestion that Mugabe is happy for the army to participate in electoral and political processes for as long as they like him but until the moment they fall out it’s now a coup, it’s now unconstitutional, it’s now problematic.

You recall that in 2008 when (then South African President) Mbeki came and the people had spoken and voted in support of Morgan Tsvangirai and there was really a crisis Thabo Mbeki came in and said there is no crisis in Zimbabwe.

So we are not going to have that same SADC come and say Mugabe is right whenever he violates people’s rights when he jailed them and they are quiet and they don’t speak to the unconstitutionality of that. You can’t choose which parts of the constitution you like.

Arrests

November 2016

Mahere was arrested in November 2016 for protesting against the impending introduction of Bond Notes.

Mahere was protesting with a small group of people in Africa Unity Square when anti-riot police descended on them, arresting them. Politician, Acie Lumumba was part of the group but was not arrested along with the group. ^[8]

The charges against the group were all dropped in December 2016. The court ruled that the arrest was illegal as there was no reasonable suspicion of a crime taking place.^[9]

July 2020

Mahere was arrested on 31 July 2020 at Groombridge shops in Harare for holding placards inscribed with words denouncing corruption by senior government and ruling party officials.

She was granted bail of ZWL$5 000 by a Harare Magistrate at the Harare Magistrate Court on 1 August 2020. The bail conditions included surrendering her passport. ^[10]

January 2021

Members of the Criminal Investigations Department (CID) Law and Order visited the home of Mahere on Sunday, 10 January 2021 but she was not in. ^[11]

Mahere then turned herself in at C.I.D on Monday, 11 January 2021 at 9 AM in the presence of her lawyers. According to the Zimbabwe Lawyers for Human Rights (ZLHR):

Broad charge against [Fadzayi Mahere] is sec 31 of Criminal Code ‘Publishing or communicating false statements prejudicial to the state’ she is accused of – sec 31(a)(i) publishing or communicating a statement intending or realising risk or possibility of inciting or promoting public order or public violence or endangering public safety, with alternative charge, sec 31(a)(iii) – undermining public confidence in law enforcement agency.

On 05 April 2023, Harare Regional Magistrate Taurai Manuwere convicted Mahere on charges of publishing falsehoods prejudicial to the State. He ordered Mahere to pay a US$500 fine or spend three months in prison.^[12]

She was, however, acquitted of the preferred charge brought by the National Prosecuting Authority (NPA) of promoting and inciting public violence.

On 26 April 2023, it emerged that Mahere had filed an appeal at the High Court seeking the court to set aside her conviction and sentence. She argued that the magistrate failed to interpret the law. ^[13]

References