1. At a gathering in the village, there is always a group of obscure old chaps. They would have traveled from somewhere very far. You don’t know them well but you’re told they are very important people. Apparently, nothing can happen if they aren’t there. They don’t talk much
2. You don’t know them well but they know all of you very well. You have to assign someone to look after them. When he asks if they want beer, they pretend to be indifferent. But one of them, usually the youngest, says “Ngahuuye hahwo”. As if they don’t want it!
3. If you offend these old chaps, you will pay a heavy penalty! Madzisekuru especially from the matriarch’s side. But there’s usually a benevolent aunt (Tete or Mbuya) or a young Sekuru of your Generation who pacifies them. Our culture has its unique elements! I love it though!

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More from @Wamagaisa

9 Jun
1. I have been reading the judgment by Senior Magistrate R. Mukanga at Bulawayo in the matter involving New York Times journalist Jeffrey Moyo. I’m horrified by the mutilation of the Constitution. Let me explain the horror show step by step.
2. Moyo argued for release because he was detained for more than 48 hours before he was brought to court. Section 50(3) states that if this happens the person “must be released immediately” unless a competent court has earlier extended it. There was no such earlier extension.
3. The Magistrate accepted that Moyo was over-detained. The state did not dispute it. But, incredibly, the Magistrate had a strange interpretation of section 50(3). He said it does not entitle an over-detained person to immediate release, the opposite of what the provision says.
Read 7 tweets
8 Jun
1. This is Hon. Gwaunza’s response to the request by Beatrice Mtetwa for investigations into the conduct of the @JSCZim Secretary which led to a judge recusing himself from the contempt case against Hon. Malaba. How can he be involved in a matter in which he has so much interest?
2. Malaba should be nowhere near this case. He is the man at the centre of this crisis, but he has the audacity to “instruct” the JSC to carry out investigations! As a judge, he should know better than to be involved because it taints the entire process.
3. Also, as Mtetwa requested, this investigation must be INDEPENDENT. The JSC is not in a position to carry out an independent investigation in this matter. After all, the man under investigation is its top executive. The JSC should outsource this to an independent investigator.
Read 4 tweets
30 May
1. One general rule that I have learnt purely by experience as a Zimbabwean is that there is a positive correlation between more decrees to control the foreign currency (forex) market and the expansion of the parallel (black) market.
2. In other words, the more the government tries to command & control the formal market by decree, the more the informal/parallel market grows. This is partly because economic actors seek to avoid the debilitating & punitive impact of the formal market decrees.
3. It also grows because formal market controls create opportunities for arbitrage. This happens because the formal market, access of which is restricted to a few, offers cheap forex which can be sold at higher rates either directly on the parallel market or as goods for sale.
Read 9 tweets
19 May
1. The letter announcing the appointment of judges to the Constitutional Court is odd & vague so that it is not possible to determine the law under which they are being appointed. It says the President has “approved” the appointments “at the instance” of the Acting Chief Justice.
2. The letter is coming from the Judicial Service Commission. The “approval” bit is perplexing. It’s either the President appoints or he doesn’t. Whether before or after Amendment No. 2, he is the appointing authority. If they are acting judges, his approval is irrelevant.
3. True the judges take their oath before the Chief Justice but it is unclear whether they are being appointed under the old procedure when they were interviewed last September or as amended by Amendment No. 2. But does it make any difference to the contentious cases? None.
Read 4 tweets
18 May
1. Regarding the constitutional matter, I fear people are missing the forest for the trees. I have said that we have a constitutional crisis & it emanates from both amendments. It is that a Real Madrid or Barca player cannot choose the referee for El Classico. Let me explain.
2. All the judges of the superior courts are parties to the proceedings. They cannot properly sit as referees in a matter in which they are involved & they have an interest. In short, they are all conflicted. This is the forest. All the other technicalities converge here.
3. Now, some may argue that a special panel can be chosen to do it. Fine. But someone has to choose that panel. That cannot be done by players in the game because they have an interest. The JSC unnecessarily dragged itself into the matter when it could have stayed neutral.
Read 7 tweets
18 May
1. 34 years ago, Zimbabwe’s first democratic Constitution was drastically amended via the infamous Amendment No. 7. It introduced the Executive Presidency dumping the Westminster model. I was in Grade 7, barely aware of what was happening. Zvaitonzi Long Live President RG Mugabe!
2. It was only when I was in law school 7 years later that I began to fully appreciate what it meant. Back then, debates were in newspapers & magazines like Moto & Parade often weeks or months after the event. It took a while to build constitutional consciousness.
3. Today, we have multiple spaces where debate is taking place, people getting views from different voices as events happen. This is not a bad thing. On the contrary, it is healthy for society to be exposed to multiple views; to be part of the discourse. It should be celebrated.
Read 4 tweets

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