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Advocate Thabani Mpofu has called on the Seventh-day Adventist Church (SDA) to dissociate itself from an event sponsored by Kuda Tagwirei, which led to the cancellation of Winky D’s New Year’s Eve performance at the Harare International Conference Centre (HICC).
According to ZimLive, Tagwirei, through his Bridging Gaps Foundation, paid the Rainbow Tourism Group US$245,000 to use the HICC during the time Winky D had booked the venue.
The foundation reserved the venue on behalf of the SDA Church, of which Tagwirei is a devoted member.
Advocate Mpofu, also a member of the SDA Church but aligned with Nelson Chamisa rather than ZANU PF, criticized the move.
Earlier this month, Winky D’s legal counsel, Tsunga Law International, stated that the venue owners decided to prioritize another event on December 31, 2024, despite an established agreement with Winky D.
The law firm claimed that the venue had been secured gor Winky D’s show as early as May 2024, with all necessary arrangements in place for the show.
Posting on X this Friday, Advocate Mpofu condemned the use of financial power to act against the public interest. Below are Advocate Mpofu’s comments:
<blockquote>
I’m compelled to share my genuine substantive concerns about the Winky D, Tagwireyi and HICC saga.
It appears that Tagwireyi, through his Bridging Gaps foundation, (which on the evidence has created more gaps than it has bridged), made a lucrative offer to HICC, essentially enticing them to abandon their long-standing partnership with Winky D.
The offer according to ZIMLIVE included booking a massive 200 rooms for five days, which translates to accommodating 200 couples (possibly threatening the city’s entire supply of Congo Dust) at the expense of more than 8000 poor Zimbabweans who were eagerly awaiting Winky D’s performance.
Winky D’s performances are as we all know, therapeutic as they are emancipating and are for that reason not just a musical journey but constitute much needed balm for the bruised and broken souls of those trampled upon.
This situation raises serious moral concerns. It highlights how the financially powerful can exert their influence to get what they want, even if it goes against the public interest.
Put differently, not only are they able to drive you to penury but they can also then use their muscle to rob you of your only source of solace. This sets a dire precedent and must drive fear into our broken hearts.
What then is to stop the financially powerful from buying off lawyers representing their opponents, bribing judges or adjudicators in public procurement or generally exploiting vulnerable individuals simply because they can and because it makes economic sense for the person(s) receiving the money to take it? 
Indeed, what is to stop them from taking your wife simply because they are able to offer more? This is more sinister than the superficial commentary on these streets makes out.
This disregard for principles is alarming. In a civilized society, right must triumph over might, and we must respect the soft territory of others even if they are financially weaker than us. This does not require written rules or concluded contracts. It is a matter of common decency.
Winky D has an obligation to satisfy the expectations of his fans. For an entire year, the fans have been eagerly anticipating this annual celebration and solace, only to be deprived of it because someone with greater economic power has swooped in.
This is unacceptable and has no place in a fair and just society. This is why it is wrong. This is why all civilized sentiment must rage against it. This is why I condemn it without equivocation.
And a religious organization must never get entangled in this kind of nonsense. Wapusa Wapusa was able to avoid it for the entire duration of its phantom existence!
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Advocate Mpofu is upset because a church event headlined by Kuda Tagwirei got Winky D's concert at HICC canceled. Tagwirei paid a lot of money for the venue, leaving Winky D out. Mpofu does not like rich people using money to control things. Winky D's lawyers said the venue was booked for him first. Mpofu thinks it's wrong for the rich to take what they want, especially when it hurts others. He wants everyone to stand up against this unfair behavior. And he doesn't want the church to be a part of it.

Advocate Mpofu Condemns Use Of Financial Muscle To Cancel Winky D's HICC Concert

Top lawyer Advocate Thabani Mpofu said the Zimbabwe Gold (ZiG) ceased to be a valid currency as of October 5, 2024.
He criticised the government’s recent attempt to revive the currency through the Finance Act on Sunday, October 27, calling it futile since the ZiG had already lost its validity.
In a post on his X (formerly Twitter) account, Mpofu urged the government to acknowledge its mismanagement of the currency issue and take corrective action. Said Mpofu:
<blockquote>
As of October 4, 2024, the statutory instrument that introduced the ZIG currency expired without extension. Consequently, from October 5, 2024, the ZIG ceased to be a valid currency in Zimbabwe, leaving the US dollar as the sole currency.
In a belated but incompetent attempt, authorities tried to revive the ZIG through the Finance Act on Sunday October 27, 2024 (This had been hinted on in the Friday Gazette but the Act had not been published). However, this effort was futile since the ZIG had already lost its validity.
Moreover, Section 21 of the Finance Act’s attempt to retroactively validate the ZIG is unlawful, as it contradicts Section 6 of the Presidential Powers (Temporary Measures) Act.
The explicit reference to the expired statutory instrument in Section 21 only reinforces this illegality in that it establishes the connection between the S.I and the Act (A clever person would have avoided that connection).
This is a festival of illegalities and absurdities. Government should take responsibility, apologize and implement a lawful solution – one that fortunately exists.
</blockquote>
An economist who spoke to <a href="https://www.newsday.co.zw/local-news/article/200034212/zim-runs-with-expired-currency">NewsDay</a> on Sunday night suggested that the government’s “inertia” indicates a deliberate effort to sabotage the ZiG. Said the expert:
<blockquote>
The inertia shows that government is sabotaging the ZiG. A country that wants to promote the use of a local currency under the de-dollarisation roadmap should not be making these schoolboy blunders.
What will government do if shops refuse accepting the ZiG? We are skating on thin ice and the sooner we act, the better.
</blockquote>
The local currency has undergone six name changes but has yet to achieve stability, confidence, trust, or sustainability.
Its previous iterations include the original currency post-independence, that is, the Zimbabwe dollar, then later bearers’ cheques, traveller’s cheques, bond notes, RTGS dollars, and now ZiG.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

The government must admit that the currency ZiG is no longer valid and take action to fix the problem according to lawyer Thabani Mpofu. The Finance Act's attempt to revive ZiG is pointless because the currency lost validity on October 5, 2024. An economist believes the government's inaction is deliberate sabotage of ZiG. Zimbabwe has had many currency changes but none have been stable, trusted, or sustainable. It is important for the government to acknowledge their mistakes and implement a lawful solution to the currency issues.

"Government Must Admit ZiG Lost Validity And Take Corrective Action"

The Zimbabwe Gold (ZiG) currency is no longer considered legal tender, as the law governing it lapsed on October 4, according to top lawyer Advocate Thabani Mpofu.
Introduced on April 5, 2024, the gold-backed currency was the country’s sixth attempt to establish a stable monetary system in the past 15 years.
Mpofu said on Saturday that the ZiG has officially lost its status as legal tender, leaving questions about the implications for the economy and the future of currency in Zimbabwe. Mpofu posted on X:
<blockquote>
Unless I missed the law when it was promulgated, the ZIG is no longer currency.
The ZIG was operationalised by the promulgation of the Presidential Powers (Temporary Measures) (Amendment of Reserve Bank of Zimbabwe Act and Issue of Zimbabwe Gold Notes and Coins) Regulations, 2024.
By law, a statutory instrument promulgated in terms of the Presidential Powers Act lapses at the end of 6 months unless prior to its lapse, the instrument is validated by primary legislation.
In this case, the 6 months would have lapsed on the 4th of October 2024. This means that by the end of that day, the ZIG ceased to be currency.
It is not possible for the statutory instrument once it has lapsed to be validated by legislation. Further, the statutory instrument having lapsed no further regulations identical to the lapsed ones can be promulgated within 6 months of such lapse.
This means that no Statutory Instrument extending the life of ZIG can be issued in terms of the Presidential Powers Act.
For these reasons, the ZIG is no longer legal tender. The consequences are immense. I think we have a big problem on our hands. (I sincerely hope for the life of me that the authorities did the needful. If they didn’t, this needs to be fixed by the only lawful way available).
</blockquote>
Former Finance Minister Tendai Biti agreed with Advocate Mpofu that the ZiG is no longer legal tender. He said:
<blockquote>
Advocate Thabani Mpofu is 100% correct. ZiG is no longer a currency because the six months have lapsed.
So, Parliament must amend the the Reserve Bank of Zimbabwe Act for the ZiG to become a currency not the President.
</blockquote>
According to <a href="https://www.newsday.co.zw/local-news/article/200034212/zim-runs-with-expired-currency">NewsDay</a>, the government has been working on new legislation to support the introduction of the ZiG, anticipating the lapse of the statutory instrument after six months. The Finance Bill H.B. 8, 2024, amends existing laws to facilitate the introduction of the ZiG.
The Bill states that ZiG notes and coins will be recognized as official currency under section 44D (2) of the Principal Act.
It passed through the Senate about two weeks ago and now awaits President Emmerson Mnangagwa’s signature to become law.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

The ZiG currency in Zimbabwe is no longer considered legal money because the law that allowed it to be currency expired on October 4th. This was the sixth attempt in 15 years to create a stable currency system. A top lawyer named Advocate Thabani Mpofu confirmed this. Unless Parliament makes new laws, the ZiG can't be used anymore. The government is working on new laws to make ZiG legal again. Once these new laws are approved, ZiG notes and coins will be accepted as money again. President Emmerson Mnangagwa needs to sign these new laws first.

ZIG Ceased To Be Legal Tender On 04 October - Top Lawyer

Prominent Zimbabwean lawyer Advocate Thabani Mpofu is considering a challenge to a law that prohibits prisoners from engaging in sexual intercourse with their spouses.
During the “Family Week” in 2019, Mayor Kanyezi, the chief correctional officer of the Zimbabwe Prison Correctional Services (ZPCS), said that while visiting rules and regulations for inmates were relaxed (during that week), this did not include the provision of conjugal rights. Said Kanyezi at the time:
<blockquote>
There are rights that are removed when someone has been convicted and sentenced in jail.
Soon after conviction, prisoners’ rights, rules and regulations are read to him or her, and rights such as having sex with your partner is not there.
Just getting convicted means you lose many of your rights that you were enjoying in the outside world.
We are saying this is a Family Week where you can visit and spend many hours with your incarcerated relatives but we are not saying those with spouses in jail can come and reignite their sexual relationships.
</blockquote>
Advocate Mpofu argues that denying conjugal rights to inmates undermines vital family bonds, which in turn affects the effectiveness of the prison system in rehabilitating offenders.
In a post on X, he asserted that conjugal rights are fundamental human rights essential for maintaining intimate relationships and fostering rehabilitation.
Mpofu argued that the state has a responsibility to uphold these rights, particularly for the benefit of innocent parties. Wrote Mpofu:
<blockquote>
Denying conjugal rights to spouses of incarcerated individuals raises concerns about the efficacy of our prison system.
How can rehabilitation occur when family bonds, essential to a person’s well-being, are disrupted?
Our stance is that prison should reform. How can it achieve that if it does not prioritize family life, itself the very core of human existence?
Further, why must the innocent spouse be punished by being denied conjugal activity whilst at the same time expected to wait faithfully for their incarcerated partner?
There is no doubt in my mind that conjugal rights are fundamental human rights, essential for maintaining intimate relationships and promoting rehabilitation.
That being the case, the state has a duty to uphold these rights, at least in the name of the innocent party.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

A top lawyer in Zimbabwe, Advocate Thabani Mpofu, is thinking about challenging a law that stops prisoners from having sex with their spouses. The chief correctional officer said during a special "Family Week" that prisoners cannot have conjugal rights. Advocate Mpofu believes that denying prisoners these rights hurts family connections and makes it harder for them to change and get better. He thinks that these rights are important for keeping intimate relationships and helping with rehabilitation. The state should protect these rights for the sake of innocent people. Mpofu thinks that prisons need to focus more on family life to help prisoners change.

Top Lawyer Considers Legal Challenge Against Law Banning Conjugal Visits For Prisoners

Prominent lawyer and advocate Thabani Mpofu has written a letter to the Chairperson of the Zimbabwe Electoral Commission (ZEC), Justice Priscilla Chigumba, challenging her to publicly refute the claims made by Lieutenant General Anselem Nhamo Sanyatwe regarding the military’s ability to impose “command voting.”
Last month, the Zimbabwe National Army (ZNA) commander, Lt. General Sanyatwe, was quoted as stating that the army will employ “command voting” in elections and that the ruling ZANU PF party would “rule forever.”
In a letter dated July 12, 2024, Mpofu demanded that Chigumba issue a firm public statement refuting Sanyatwe’s claims and providing assurances that ZEC is not beholden to or influenced by the army’s directives.
Mpofu has given Chigumba a seven-day deadline to address Lt. General Sanyatwe’s assertions about the military’s ability to manipulate the electoral process to ensure ZANU PF’s perpetual rule in Zimbabwe. Wrote Mpofu:
<blockquote>
I am writing to bring to your attention concerning remarks made by General Sanyatwe, the Commander of the Zimbabwe National Army about elections in Zimbabwe. I have in my possession videographic evidence of him uttering words to the following effect:
“… Zanu (PF) shall rule until donkeys grow horns, whatever your stated and expressed wishes. I am now speaking as the Commander of the Army. We shall use what is called Command Voting. . . Do we understand each other?”
In these remarks, General Sanyatwe not only wades into issues beyond his constitutional remit but also asserts, his as well as the army’s preparedness to undermine the vote and not respect its sanctity. Your Commission’s ability to deliver a credible election has been put in issue by remarks that suggest its complicity in undermining the popular will.
I wonder whether there is any truth to the sting of General Sanyatwe’s assertion.
If you consider this assertion false, I kindly request that you publicly refute it with a firm assurance that your commission is not on the army’s back and call.
If you choose reticence, I kindly request that you account for it, the statement considered. General Sanyatwe’s statement undermines the trust and confidence of the electorate in the electoral process. This as you are aware, has been no small issue.
A clear and prompt refutation of this assertion will help to maintain the integrity of the electoral process and reassure the public that the Electoral Commission is committed to upholding the sanctity of the vote.
Your attention is drawn to sections 155(1), 156(c)(i), 233 and 239 of the Constitution of Zimbabwe, 2013 and to the obligations that have been triggered by this tainted tale.
The failure to call out this constitutional delinquency most indubitably has consequences.
I would appreciate your attention to this grave matter within 7 days.
</blockquote>
On July 3, 2024, Mpofu wrote to Sanyatwe demanding an unequivocal withdrawal of his previous remarks regarding the military’s ability to employ “command voting” to ensure ZANU PF’s perpetual rule.
Mpofu stated that Sanyatwe’s comments violated Zimbabwe’s national constitution, the Defence Act, and the Electoral Act, and he gave the military leader a seven-day deadline to retract his claims.
Today, Mpofu has reiterated his demand, clarifying that he is giving Sanyatwe a full seven days, excluding weekends, to publicly retract his statements.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Lawyer Thabani Mpofu is challenging ZEC Chairperson, Justice Priscilla Chigumba, to say that the military can't control voting. A general said the army would use "command voting" to keep the ruling party in power. Mpofu wants Chigumba to deny this claim. He also asked the general to take back his words. Mpofu thinks these statements break the laws. He gave them both a week to correct their words. Mpofu wants to make sure voting is fair and honest.

Lawyer Thabani Mpofu Calls On ZEC Chairperson To Refute General Sanyatwe's "Command Voting" Remarks

<a href="https://www.pindula.co.zw/Nelson_Chamisa/">Nelson Chamisa</a>, the leader of the opposition <a href="https://www.pindula.co.zw/Citizens%27_Coalition_for_Change/">Citizens Coalition for Change (CCC)</a>, has sent a letter to the Speaker of Parliament, <a href="https://www.pindula.co.zw/Jacob_Mudenda/">Jacob Mudenda</a>, advising him to ignore a letter from <a href="https://www.pindula.co.zw/Sengezo_Tshabangu/">Sengezo Tshabangu</a>. Tshabangu claims to be the interim Secretary-General of the CCC and has purportedly recalled nearly two dozen lawmakers.
Chamisa has urged Mudenda not to take any action based on Tshabangu’s letter. Tshabangu is a former member of the <a href="https://www.pindula.co.zw/Movement_for_Democratic_Change/">MDC-T</a> and <a href="https://www.pindula.co.zw/People's_Democratic_Party/">People’s Democratic Party (PDP)</a>. Mudenda is expected to make a decision on this matter soon.
In response to the development, Chamisa cites a letter purportedly he sent to Mudenda on 11 September 2023 informing the speaker that:
<blockquote>
1. Any correspondence regarding any CCC Member of Parliament listed is to be directed to his office. 
2. Any communication or notification regarding any CCC Member of Parliament shall come from his office. 
3. No other person is authorized to correspond or communicate with Parliament concerning CCC Members in Parliament. 
</blockquote>
In the latest letter seen by Pindula News, Chamisa emphasised that the position had not changed adding that Tshabangu was not a member of the CCC party. He said:
<blockquote>
Dear Hon Speaker
RE: LETTER PURPORTING TO RECALL MEMBERS OF PARLIAMENT ELECTED UNDER CITIZENS COALITION FOR CHANGE 
Fraternal greetings to you, Hon Speaker.
I have had sight of a letter dated 3rd October 2023 circulating on social media and reported by the news media addressed to the “Speaker of Parliament” from one Sengezo Tshabangu purporting to be the Interim Secretary General of the CCC and purporting to recall several members of our political party from the Parliament.
Pursuant to our letter dated “11 September 2023” in which I advised you on the communication protocols concerning CCC Members in Parliament, I am writing to confirm that
1. There have not been any changes to the communication protocols outlined in our letter dated “11 September 2023”. Changes, if any, will be communicated from this office. 
2. Sengezo Tshabangu is not a member of CCC and as such cannot provide, avail, or adduce evidence of any such membership as his name does not appear on any of CCC street or village registers of any district, in any province, as administered by the CCC Bureau of Organizing. 
3. In the CCC we have no such position as Secretary General or Interim Secretary General as alleged by Tshabangu. 
4. As at the present date, none of the Members of Parliament who were elected under the Citizens Coalition for Change have been expelled from the party I lead or recalled from the National Assembly, or for that matter, from any other elected position in Senate or any Local Council.
Hon Speaker, the conduct of Mr Tshabangu is in fact a wanton violation of our laws and a clear act of criminality. As such, criminal charges have been filed against him. Therefore, please kindly disregard the letter in question or any other correspondence from any other person purporting to represent the Citizens Coalition for Change. 
I trust you find this in order. 
Your Sincerely Adv Nelson Chamisa Leader and Presidential Candidate Citizens Coalition for Change (CCC)
</blockquote>
Advocate <a href="https://www.pindula.co.zw/Thabani_Mpofu/">Thabani Mpofu</a> who represented Chamisa in the 2018 Presidential Election court case said the Parliament cannot act on a criminal letter in apparent reference to Tshabangu’s letter. He added:
<blockquote>
The correct position was communicated to it in good time and has recently been affirmed. Not even the lowest of all lows can give oxygen to the human forest fire that Tshabangu is.
</blockquote>
However, according to <a href="https://www.pindula.co.zw/Kucaca_Phulu/">Kucaca Ivumile Phulu</a>, a former CCC Member of Parliament for Nkulumane, the current situation in the CCC party is a test of leadership. Phulu believes it is unwise to disregard Tshabangu as a member of the party and suggests that engaging in constructive dialogue should be a priority over insults. Phulu said:
<blockquote>
What is transpiring in CCC is regretable protagonists must prioritize engaging rather than insults. This is test of leadership. Ignoring Tshabangu &amp; saying he is not a membe CCC is ill advised. ENGAGE!  
The problem is that leadership always sees engagement very late, the result being that little is resolved.  
</blockquote>
After the August 2023 elections, Members of Parliament took their oaths of office in September. They are set to serve until 2028. Some analysts believe that ZANU PF is behind Tshabangu’s actions to recall CCC representatives so that it reduces the number of CCC members in Parliament, aiming to secure a two-thirds majority. ZANU PF fell short of a two-thirds majority by only four MPs.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Chamisa Writes To Parliament Speaker To Ignore Tshabangu's Recall Of CCC MPS

The Citizens Coalition for Change (CCC) opposition party has alleged that the Zimbabwe Electoral Commission (ZEC) is trying to manipulate the results of the 23-24 August 2023 harmonised elections. The party posted on X (formerly Twitter) that presiding officers were called to change the figures, but polling agents intervened and demanded an end to the process.
The CCC stated that ZEC’s actions are unlawful and undermine the people’s will, and they will legally and constitutionally resist such attempts. The party urged ZEC to act with integrity and accept the election outcome to avoid further disputes. Said the party:
<blockquote>
ELECTION UPDATE: ZEC’s unlawful attempt to undermine the will of the people by tampering with the V11s will be met with legally and constitutionally resistance. It is imperative for ZEC to act honorably and accept the will of the people to prevent further contestation of the election outcome.
</blockquote>
Advocate Fadzayi Mahere, the party’s former spokesperson, also posted on X suggesting that presiding officers in the Mt Pleasant Constituency were summoned to manipulate the postal vote count on the V11 forms in order to inflate the “presidential numbers” because President Emmerson Mnangagwa was losing. Mahere said:
<blockquote>
STOP THE STEAL: All the presiding officers for Mt Pleasant Constituency were called back to alter the postal vote count on our v11s to inflate their “presidential numbers” cause Mr Mnangagwa is losing. Our polling agents demanded a stop to the process. ZEC is now leaving Oriel.
</blockquote>
The party later said after receiving reports of the ZEC’s alleged unlawful actions to reopen ballot boxes in Kwekwe, it deployed a team to the ZEC offices. The party said it appears the polling agents were misled by ZEC, who claim that they used an incorrect date and need to make amendments. The CCC party views this as a deliberate tactic to undermine the people’s will. The party urges everyone to stand up and protect the integrity of the vote.
Legal expert Advocate Thabani Mpofu urged polling agents not to respond to any requests from ZEC or the ZANU party to return to polling stations and reopen ballot boxes. He said:
<blockquote>
Agents have discharged their mandate. Anyone getting a call from ZEC or ZANU requesting them to go back to polling stations to re-open ballot boxes must not heed such calls. 
</blockquote>
Mpofu emphasised that they already possess the necessary V11 forms and do not require anything further from ZEC. To safeguard the integrity of the vote, he advised them to defend it by remaining at home.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Zimbabwe 2023 Elections: CCC Says ZEC Is Attempting To Change Results

The Citizens Coalition for Change (CCC) has appealed against the High Court’s ruling that disqualified its 12 MP candidates from contesting the 2023 elections. The Party’s national spokesperson, Fadzayi Mahere, stated that the appeal suspends the High Court judgment until the appeal is heard and determined. She said:
<blockquote>
Our lawyers confirm that they have filed an appeal against yesterday’s judgment under Case Number SCB86/23. The noting of the appeal suspends the operation of the judgment. Our candidates are accordingly still on the ballot &amp; remain there until the appeal is heard &amp; determined.
</blockquote>
CCC lawyer, Thabani Mpofu, confirmed the development assuring that the fact that the Supreme Court is going on vacation from July 29 until September 10 would not create complications. Mpofu clarified that parties can appeal during the vacation period. He said:
<blockquote>
We have appealed. It is not true that parties cannot appeal during vacation. Relax! What we are dealing with has nothing to do with the law. Zimbabweans must confront this dictatorship in the only lawful way possible The last thing that you must do is to let them deflate you.
</blockquote>
On Thursday, July 27, 2023, High Court judge, Justice Nokuthula Moyo, delivered the ruling on behalf of Justice Bongani Ndlovu, <a href="https://www.pindula.co.zw/2023/07/27/breaking-ccc-candidates-in-bulawayo-barred-from-contesting-2023-elections/">disqualifying 12 CCC candidates</a> from the 2023 elections. The judge found that the CCC candidates, along with three others from different political parties, had contravened the Electoral Act by submitting their nomination papers through a police officer on June 21, when the Nomination Court sat.
ZEC officers who were assessors of the Nomination Court which sat on the 21st of June 2023 at Tredgold Magistrates Court, testified in court that the <a href="https://www.pindula.co.zw/2023/07/28/2023-elections-zec-says-disqualified-ccc-candidates-submitted-nomination-papers-on-time/">CCC candidates submitted their nomination papers on time.</a> They also stated that the nomination officer is the one who instructed the police to collect all nomination papers from aspiring candidates outside the courtroom when the court was closing at 4 pm on 21 June. 
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

CCC Appeals Disqualification Of 12 MP Candidates From 2023 Elections

Zimbabwean human rights lawyer, <a href="https://www.pindula.co.zw/Obey_Shava/">Obey Shava</a>, has filed a report of <a href="https://www.pindula.co.zw/2023/07/05/unidentified-men-attack-ccc-lawyer-obey-shava-break-his-legs/">assault after at least four unidentified men</a> attacked him and left him wheelchair-bound on Wednesday this week.
The Zimbabwe Lawyers for Human Rights (ZLHR) said they accompanied the lawyer to file a police report this Saturday. In a Twitter post seen by Pindula News, ZLHR said:
<blockquote>
In Zim, they have left crusading human rights lawyer @obeyshava1 wheelchair-bound after assaulting him early this week. Today, we accompanied him to file a report at a @PoliceZimbabwe station.
</blockquote>
Advocate Thabani Mpofu, who was briefed on the attack, stated that Shava’s legs were broken, and he was left fighting for his life. A witness reported that the attack was carried out by four men driving a green Mercedes Benz sedan and a Toyota GD6.
According to Mpofu, Shava received a phone call from a man who claimed to have an urgent legal matter and asked to meet him in the Belvedere area. Shava reportedly agreed to meet the individual and intended to drop off a lawyer colleague in the same area. The assailants attacked him as soon as he came out of his car, and they also took his phone.
The motive behind the attack is yet to be determined, but it has sparked concerns about the safety of human rights defenders in Zimbabwe. The ZLHR has called for an immediate investigation into the attack and for the perpetrators to be held accountable. The opposition Citizens Coalition for Change (CCC) claims that Shava was assaulted by ZANU PF thugs.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Wheelchair-bound Zimbabwean Lawyer Obey Shava Has Filed A Report Of Assault

The opposition Citizens Coalition for Change (CCC) has announced that lawyer, <a href="https://www.pindula.co.zw/Obey_Shava/">Obey Shava</a> was viciously attacked by four unidentified men who broke his legs. In a Twitter post seen by Pindula News, the party’s spokesperson, Advocate Fadzayi Mahere said:
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We’ve received a disturbing report that human rights defender &amp; lawyer @obeyshava1 was badly assaulted this evening. We condemn this savage act and wish him a speedy recovery.
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According to reports, four assailants broke his legs and left him fighting for his life. In a Twitter post, Advocate Thabani Mpofu, another top CCC lawyer, expressed his concern over the safety of citizens during this tumultuous season. He said: 
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Top CCC Lawyer Obey Shava was this evening viciously attacked by 4 men who broke his legs and left him battling for his life. The safety of our citizens must be uppermost on the state’s agenda, particularly during this crazy season. Wishing this champion a speedy recovery.
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Former ZINASU leader, <a href="https://www.pindula.co.zw/Makomborero_Haruzivishe/">Makomborero Haruzivishe</a>, condemned the attack suggesting that the perpetrators were sent by the ruling ZANU PF. He said:
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The attack on multi-award-winning human rights lawyer @obeyshava1 by state agents in Harare this evening is alarming. Our hardworking and passionate human rights lawyer doesn’t deserve this savage attack breaking his legs and leaving him battling for his life. #ZanuPfMustGo
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ZAPU has also taken to Twitter to condemn the brutal and barbaric attack on human rights lawyer Obey Shava by alleged ZANUPF thugs. The party said the attack is a clear indication that the perpetrators have resorted to their Mgagao settings, which is deeply concerning. ZAPU tagged SADC and the African Union in their post, highlighting the need for regional and continental bodies to take action against such acts of violence.
More Pindula News

Unidentified Men Attack CCC Lawyer Obey Shava, Break His Legs

The Zimbabwe Electoral Commission (ZEC) has finally responded to a letter from the Citizens’ Coalition for Change (CCC) over the issue of double candidates.
CCC says forty-one (41) individuals fraudulently filed nomination papers as members of the party.
20 of the “fraudsters” filed nomination papers for National Assembly seats while the other 21 individuals filed for local authority seats.
On 22 June, CCC wrote a letter to ZEC and demanded a response within 2 hrs of receipt of the letter, <a href="https://twitter.com/adv_fulcrum/status/1675009804090109952?s=20">according to lawyer Thabani Mpofu</a>.
However, ZEC only responded 8 days later, on 30 June, after it had already gazetted the challenged names.
In the letter, signed by one E. Mamvura on behalf of ZEC Chief Elections Officer Utoile Silaigwana, the elections management body said it cannot interfere with the decision of the Nomination Court. Reads the letter:
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RE: INVALID CANDIDATE NOMINATIONS FOR THE 2023 HARMONISED ELECTIONS
We refer to the above matter and acknowledge receipt of your letter dated 22 June 2023.
Please note that we cannot interfere with the decision of the Nomination Court. After the sitting of the Nomination Court, a nomination officer becomes functus officio.
We also understand that there is a pending case on the issue raised in your letter. Kindly continue to seek legal redress on the matter.
Candidates have a right to appeal against decisions of nomination officers in terms of the Electoral Act (Chapter 2:13].
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In a statement on 26 June, CCC national spokesperson Fadzayi Mahere said the party had filed criminal charges against the fraudsters and also appealed to the Electoral Court.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Blow For CCC As ZEC Gazettes Double Candidates

British Parliamentarian, Lord Robert Antony Hayward, says there is no sign that the Zimbabwe Electoral Commission (ZEC) will enforce free and fair elections in 2023.
Speaking in the House of Lords Friday, Hayward, who was an observer during Zimbabwe’s 2018 general elections, questioned ZEC’s capacity to provide an uncontested poll, <a href="https://www.newzimbabwe.com/britain-says-no-signs-zimbabwes-elections-will-be-free-fair-proposes-engagement-with-zec/">NewZimbabwe.com</a> reported. He said:
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My Lords, reference has already been made to the elections in 2018; the report was pretty damning, particularly in relation to the events after the general election in 2018.
Can my noble friend ensure that very strong representations are made to the electoral commission, because it has been lamentable in any action.
It was before the 2018 election, and there is no sign that it will enforce any form of free and fair elections next.
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The opposition has often accused ZEC of conniving with the ruling ZANU PF to manipulate electoral processes and results in favour of the ruling party.
In 2018, then leader of the opposition MDC Alliance, Nelson Chamisa, approached the Constitutional Court claiming that ZEC had rigged the presidential election in favour of his archrival, President Emmerson Mnangagwa.
He lost the court case with the judges led by Chief Justice Luke Malaba ruling that Chamisa had failed to provide evidence to support his claim.
Meanwhile, Lord Zac Goldsmith expressed hope the UK government would exhaust all options in ensuring credible elections in the southern African nation, next year.
Goldsmith, who was responding to Hayward, noted the UK was banking on Mnangagwa’s desire to rejoin the international community of nations, particularly the Commonwealth. Goldsmith said:
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My Lords, we will use whatever leverage we have to maximise the chance of free and fair elections.
We know that President Mnangagwa wants more engagement with the UK-that is clear-and in many respects we want him to have that too.
However, deeper re-engagement with the UK will require meaningful political and economic reform and respect for human rights and the rule of law in line with the President’s own stated commitments when he took office.
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Since his ascension to power in 2017, Mnangagwa has been pushing a re-engagement agenda after the southern African country was isolated two decades ago over alleged human rights abuses.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

British MP Says "There Is No Sign That ZEC Will Enforce Any Form Of Free And Fair Elections" In 2023

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Advocate Thabani Mpofu of the fulcrum and the pith fame was this Tuesday arrested and charged with obstruction of justice.
Mpofu had tweeted castigating Chicken Inn for releasing an alleged CCTV footage of MDC Alliance trio – Joana Mamombe, Cecilia Chimbiri and Netsai Marova who were being accused of faking their abduction in May. Read the tweet:
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The problem with Chicken Inn is not that it released CCTV footage, rather; that it availed it’s name and facilities in aid of a fraudulent effort. This immoral, unethical &amp; completely senseless gesture is what has appalled right-thinking people. Search your conscience Chicken Inn.
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Thabani Mpofu’s arrest was confirmed by the Zimbabwe Lawyers for Human rights whose member, Harrison Nkomo, is representing advocate Mpofu. Said ZLHR:
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Allegations are that this Tweet (below) was posted when the case of <a data-user-name="JoanaMamombe" href="https://twitter.com/JoanaMamombe/" rel="noopener user noreferrer" target="_blank">@JoanaMamombe</a>, <a data-user-name="ceechimbiri2" href="https://twitter.com/ceechimbiri2/" rel="noopener user noreferrer" target="_blank">@ceechimbiri2</a> &amp; <a data-user-name="MarovaNetsai" href="https://twitter.com/MarovaNetsai/" rel="noopener user noreferrer" target="_blank">@MarovaNetsai</a> was ongoing. There was an intention to prejudice the trial, or due to statement in tweet, there was a risk or possibilty of prejudicing the trial.
The problem with Chicken Inn is not that it released CCTV footage, rather; that it availed it’s name and facilities in aid of a fraudulent effort. This immoral, unethical &amp; completely senseless gesture is what has appalled right-thinking people. Search your conscience Chicken Inn. 
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Advocate Thabani Mpofu has since arrived at the Harare Central Police station, where he had been summoned to come by the Law and Order section.
Mpofu was released after signing a warned a cautioned statement.
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More: <a href="https://twitter.com/ZLHRLawyers/status/1343868775523901440" rel="noopener noreferrer" target="_blank">ZLHR Twitter</a>

JUST IN: Advocate Thabani "Fulcrum" Mpofu Arrested

<blockquote>Set against the backdrop of to week of global protests against state brutality and discrimination, the Young Lawyers Association of Zimbabwe (YLAZ) is increasingly concerned by the continued deterioration of civil liberties in Zimbabwe and in particular the sustained attack on the legal profession.
In the past week alone, at least six (6) lawyers have been targeted by the police directly in relation to the exercise of their ordinary work as lawyers. Four (4) lawyers, namely Advocate Thabani Mpofu, Tapiwa Maluku*, Joshua Chirambwe and Dumisani Dube, were arrested and charged with obstructing the course of justice and another two (2) lawyers, Choice Damiso and Lawman Chimuriwo were taken in for questioning by the police and later released without charge.
The matter involving Adv. Mpofu, Mr. Makanza and Mr. Chiratnbwe is predicated on a challenge to the appointment of the Prosecutor General, whose office is now overseeing the prosecution of our colleagues, which brings the independence and impartiality of the same into dispute. We remind the Prosecutor-General of his constitutional obligation to “exercise his functions impartially and without fear, favour, prejudice or bias” as required by section 260 of the Constitution. Mr. Dube was arrested at a police station while attending to the arrest of his client. This appears to be a violation of article 18 of the United Nations Basic Principles on the Role of Lawyers which states that “lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.”
We believe that any prosecution should only be for the purpose of legitimately seeking to serve the interests of justice. It should not be used as to measure of intimidation or to frustrate an individual, especially when the charges, on the face of it, do not disclose an unassailable offence and which have already been subject to investigation by an independent body such as the Law Society of Zimbabwe. The events of the last week create an impression of an assault against the legal profession which negatively affects lawyers’ ability to represent litigants without fear, which actions endanger the future of our profession.
We are also concerned by the partisan use of the police and army to “settle” civil disputes between opposition political parties. The arrests of MDC Alliance leadership on allegations of “criminal nuisance” and contravening COVID Regulations are, on the face of it, unjustifiable in a democratic society and an affront to the rule of law and to progress. We remind the security services of their constitutional duty to maintain the “utmost respect for the fundamental rights and freedoms and the democratic values and principles enshrined in the Constitution” as required by section 206 and not to “act in a partisan manner” or “further the interest of any political party or cause” as required by section 207 of the Constitution.
The persecution of legal practitioners must come to an end and the government must return to the ethos of the rule of law as espoused in the Constitution. The courts, military and police force should remain independent and impartial so as to ensure that Zimbabweans can have faith its the same. No country has ever flourished without upholding these ideals.
Amidst this repression, we reiterate our call for the return to constitutionalism and to the principles that those in government purport to have fought for. Now is not the time for silence. A government that claims to be democratic must be reminded A those democratic ideals. We, as young lawyers, are determined to secure a future in which we can do our work without fear, favour or intimidation and where Constitution of Zimbabwe is respected, protected, promoted and fulfilled.
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Young Lawyers Association's Statement On Deterioration Of Civil Liberties In Zim & Attack On Legal Profession

The Southern African Development Community Lawyers Association (SADC-LA) has issued a statement condemning the arrest and detention of Advocate Thabani Mpofu.
Mpofu is accused of obstructing the course of justice after he allegedly represented in court a nonexistent person who was allegedly challenging President Emmerson Mnangagwa’s appointment of Prosecutor-General Kumbirai Hodzi.
Below is the association’s statement which was issued before Mpofu was granted $20 000 bail on Wednesday.
<blockquote>1. The Southern African Development Community Lawyers’ Association  (SADC-LA) condemns the acute escalation of the harassment and intimidation of lawyers in the region. The most recent of which is the curious arrest of Advocate Thabani Mpofu in Zimbabwe. There remains a sustained trajectory of attacks on the independence of the legal profession in the region.
2. SADC-LA is deeply concerned about the manner of arrest and further detention of Advocate Thabani Mpofu in circumstances that show deployment of excessive state force. In this regard, Advocate Thabani Mpofu’s home was besieged by 11 armed police on 31 May 2020 and the deployment of a special Police Anti-Corruption unit against a single and cooperative legal practitioner indicates use of excessive force. Advocate Mpofu handed himself over to the police in the company of his lawyer Beatrice Mtetwa on 1 June 2020. Presently, he is detained at Rhodesville Police Station in circumstances where he is cooperating but the police have unusually elected to use maximum means of restraining him.
3. SADC-LA notes that the use of excessive force in this matter and preference of charges that constitute a matter which is sub judice is a travesty of justice and an affront to the rule of law. Further, that there is a submission pointing to the fact that the state is aware of the existence of which litigant it claims is fake. At the time of releasing this statement, a third and equally frail charge had been preferred on him concerning the irregularity of the source of fees paid to Advocate Mpofuin respect of a different matter. In all instances, Advocate Mpofu as an Advocate would have never come into contact with individual clients or their funds but with instructing attorneys who could have been responsible for both client and payment.
4. In the premises the proceedings deployed by the state appear to the SADC-LA to be prima facie a deliberate attempt tp victimise and intimidate a lawyer who was acting in the course of his professional mandate. An act that unlawfully associates a lawyer with the cause of his client.
5. We seek urgent assurance from the Committee of Ministers of Justice and Attorneys General of SADC that the independence of the legal profession still remains guaranteed in the constitutions of member states, Further that the regional body will remind the political leadership of SADC of their duty to take measures to ensure that lawyers involved in the complaint or in the investigation of human rights violations are protected against ill-treatment, intimidation or reprisals.
6. The Association stands with the legal profession of Zimbabwe and all concerned citizens in calling for the immediate response of the Zimbabwean government to guarantee the safety and security of Advocate Thabani Mpofu and all legal practitioners, and to ensure that due process is carried out in a fair and proportionate manner.
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FULL TEXT: SADC Lawyers Association Statement On Arrest And Detention Of Adv Thabani Mpofu

Advocate Thabani Mpofu who is accused of obstructing the course of justice and perjury and fraud on Wednesday appeared before Harare Magistrate who granted him a $20000 bail.
The development was announced by Zaward-winning Zimbabwean journalist and filmmaker, Hopewell Chin’ono who posted on Twitter suggesting that Mpofu was a political victim. He said:
<blockquote>The People’s Advocate is now home. He was given Z$20000 bail. Adv Thabani Mpofu <a class="link-complex" data-user-name="adv_fulcrum" href="https://twitter.com/adv_fulcrum/" rel="noopener user noreferrer" target="_blank">@adv_fulcrum</a> is yet again another victim of Mnangagwa’s vindictiveness because of who he represents, <a class="link-complex" data-user-name="nelsonchamisa" href="https://twitter.com/nelsonchamisa/" rel="noopener user noreferrer" target="_blank">@nelsonchamisa</a>, and what he stands for, the PEOPLE! This shall pass.</blockquote>
The charges levelled against Mpofu come after he allegedly represented a nonexistent person, Munyaradzi Zuze who was allegedly challenging President Mnangagwa’s appointment of Prosecutor-General Kumbirai Hodzi.
Mpofu is popularly known for his representing the opposition MDC Alliance when it challenged the 2018 presidential elections which the party said had been manipulated in favour of Mnangagwa who was the candidate for the ruling ZANU PF.
More: <a href="https://twitter.com/daddyhope/status/1268224900625502208">Hopewell Chin’ono</a>

Advocate Thabani Mpofu Granted $20K Bail

Reports coming suggest that all vehicles (buses, private cars…) intending to get into Harare Central Business District are being turned away.
A number of people who were en route to town reported that there are roadblocks at various entry points where the state’s security officers were turning away all the vehicles.
Some had to say:
<blockquote>Guys ma1 hapana mota or bus rikupinda mutown …. Chitungwiza Delpot apo ……..No reason tangonzi tineurombo vabereki bus ngaridzokere noo munhu mutown. (Hey, it’s messy, no car or bus is allowed into town. They did not explain, they just said we’re sorry buses must make a u-turn. No one is allowed into town today.)</blockquote>
Another said:
<blockquote>Nhaim mabus anobva kumamwe maside mabvumidzwawo here kupinda mutown seke road arudzoswa hanzi mutown amusudiwa munhu nhas. (Are buses from other locations allowed to get into town? There is a roadblock in Seke road and buses are turned back. Officers are saying no one is allowed into town today.)</blockquote>
The security forces are apparently not doing the usual Coronavirus checks (masks, etc…), suggesting that this may not have anything to do with the virus.
Meanwhile, “some people deemed to offer essential services” were however able to get through these roadblocks into the city.
Reports from other cities are yet to come in.
Pindula News will send out an update as it gets more information.

Roads Into Harare City Center Blocked By Security Forces, Buses, Pvt Cars Ordered To U-turn - REPORT

Prominent lawyer Advocate Thabani had his Harare home broken into on Wednesday night while he was asleep with his family.
Speaking to ZimLive by phone on Friday, Mpofu said the break-in is being treated as suspicious and he vowed that he won’t be cowed into silence. He said:
<blockquote>They took my laptop, my wife’s phone and cash. They had all the time to even re-arrange stuff. I think we had passed out.</blockquote>
He added that he had “every reason to believe” that the raid was carried out by state agents looking for information.
Mpofu represented MDC leader <a href="https://www.pindula.co.zw/Nelson_Chamisa" rel="noopener noreferrer" target="_blank">Nelson Chamisa</a> in his 2018 presidential election court petition, which, however, the judges dismissed for lack of evidence.
<h4>More: <a href="https://www.zimlive.com/2019/11/08/i-wont-be-cowed-into-silence-advocate-mpofu-says-after-raid-on-home/" rel="noopener noreferrer" target="_blank">ZimLive</a></h4>

Suspicious Break-in At Advocate Mpofu's Harare Home

Advocate Thabani Mpofu, who grabbed national attention when he represented MDC presidential candidate Nelson Chamisa at the Constitutional Court, has denied allegations that he faces de-registration. In a letter addressed to the Business Times, Advocate Mpofu wrote:
<blockquote>By Advocate Thabani Mpofu| Dear All
My attention has been brought to some stories carried in your publications in which you claim that I face de-registration. I wonder why it became important for you to go to “print” before hearing my side of the story.
<div><ins class="adsbygoogle" data-ad-client="ca-pub-4509990107515435" data-ad-format="auto" data-ad-slot="4886887543" data-adsbygoogle-status="done"><ins id="aswift_3_expand"><ins id="aswift_3_anchor"></ins></ins></ins>The correct position is that your story is false, malicious and possibly designed to cause harm. It is so frivolous, it merits no attention. Kindly take it down and retract your nonsense as a matter of urgency.</div>
<div><ins class="adsbygoogle" data-ad-client="ca-pub-4509990107515435" data-ad-slot="4578959144" data-adsbygoogle-status="done"><ins id="aswift_4_expand"><ins id="aswift_4_anchor"></ins></ins></ins>I have also consulted Advocate Hashiti who has made it clear that he never spoke to anyone about this issue. I know it is not a difficult thing for you to retract the story. For your information, I desire no apology from any of you.</div>
I do not believe I need to open the year by suing people.
Blessed holidays.</blockquote>
<h2>Related:</h2>
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<h3><a href="https://news.pindula.co.zw/2018/12/20/advocate-thabani-mpofu-prominent-lawyers-faces-deregistration/" rel="noopener" target="_blank">Prominent Lawyers Face Deregistration</a></h3>
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