Mawere wrong on Gideon Gono

Mawere wrong on Gideon Gono

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By Chanda Matemai

MUTUMWA Mawere's article The Reserve Bank of Zimbabwe and the rule of law: implications on democracy, published on this website on Monday is an ill informed opinion, bent on pouring condemnation after condemnation without regard to matters of fact.

In short, it is inspired by hatred.

It is very clear from his previous articles including the latest piece that he has a personal vendetta with the RBZ governor Dr Gideon Gono, Prof Jonathan Moyo, Zanu PF, Patrick Chinamasa, Robert Mugabe and Zimbabwe in general.

Through his articles, he is now seeking allies and sympathy by trying to drag the whole lot of readers into his camp and in the process misinforming them.

Mawere's criticism of "Project Sunrise" speaks volumes about his mindset, in his view hoarding of Zimbabwean currency and smuggling it out of the country for illegal dealings is rational economic behaviour. I think some kind of abnormality might be developing in the thinking of this man. As a business mogul, he should be better positioned to understand the implications of such dealings.

Yes everyone knows he is a bitter man, he lost companies he claimed to be his, but those companies just went the way they came, easy come easy go. There was no sweat of his in the assumed acquisition, hence there should be no tear in the purported loss.

If Dr Gono as RBZ governor discovers some shortcomings or loopholes being exploited in our legal system which enables the bypassing of safeguards in forex transactions or which are defeating the objectives of the regulations, definitely he should be hailed for that.

Mutumwa Mawere should know that the law is not like mathematics where two times two is a certain four. Definitions in law are so broad, e.g an assault is not only where physical force is applied resulting in harm or pain, in the way Mawere is narrowing his understanding. An assault can be committed by gesture, where there would be no physical force or visible harm.

Simply because there was no term spelt "externalisation" in the Criminal Procedure and Evidence Act, it does not mean that it was not criminal, inappropriate and rendered the police irrelevant.

Mutumwa Mawere mixes James Makamba's case, Joy TV, Prof Jonathan Moyo, Dr Gideon Gono, Morgan Tsvangirai and elections. What a concoction! Even a Tsikamutanda would be blurred.

Mawere professes ignorance on police detention of accused persons for investigations before appearing in court. There is an initial 48 hour period which can be extended by another 48hrs provided a warrant of further detention is applied for and obtained. The 100 hrs of Makamba's detention Mawere talks of can still fall within the legal limits, if one bothers to know how the calculations are done. If 48hrs of detention expires after close of court business, eg if it expires at 2200hrs, it is deemed to be expiring on the close of court business on the following court date.

The hours are not calculated mathematically in the way Mutumwa Mawere is adding them. That is the practice in democratic societies the world over.
Mawere should educate himself on matters he is ignorant of before putting pen to paper, and make a fool of himself. Police don't just pounce on suspects acting on tip offs, there should be substance on the tip, and accused persons are only placed on remand after the State has convinced the court that an offence was committed and the accused person is linked.

I think Mawere desperately requires counselling for his own good, before the danger and damage he is posing to his psyche becomes fully blown. An accused person can be placed on remand, then later acquited. Some are convicted, sent to prison, then later exonerated after judgements are quashed on appeal or review, this happens in USA, UK, South Africa, Zimbabwe and the world over. Makamba's acquital is not special in any way. Zimbabwe's justice system functions properly.

Dr Gono has a long list of admirers as pointed out by Mawere. That should make Mutumwa think, it indicates that 'right' must be on his side, unless Mutumwa is just mutumwa (messenger) like his name, (its easy to tell whose messenger).

Zimbabwe's borders might be porous, so are borders of any other country, its not unique to Zimbabwe. UK and USA borders are even porous. The UK, despite being an Island, still sees illegal immigrants entering its shores everyday.

I question Mawere's sympathy for Makamba, is he Makamba's spokesman, can't Makamba write and complain on his own, if he has anything to complain about, is he daft or illiterate, or he thinks Makamba as an ex-DJ is only good at tuning musical graphics and bringing people to the dance floor, or Mawere is on a recruitment drive for allies?

Mawere is a bitter man, that is common knowledge, due to his failure to outwit the hand that was feeding him, that made him the business mogul he was. All the noise he is making on New Zimbabwe.com is utter nonsense. Readers deserve better constructive ideas and arguments which are well intentioned.

Chanda Matemai writes from Surrey, UK. He can be contacted at nyamuhumbe@yahoo.com
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