The year is 2012 and Alex Magaisa. the Legal Advisor then to the late Prime Minister Morgan Tsvangirai ( MHSRIP) was invited to lecture at the MDC National Conference in Milton Park Harare, theme being “The Constitution and Constitutionalism are two different things.”
“The Constitution and Constitutionalism are one half of the law each to make it a full law”. Thundered Magaisa to the MDC Conference.
Which constitution was Alex Magaisa speaking of? He was speaking of every constitution in the world. From the Constitution of a burial society to that of a nation state.
Today 7 years down the line MDC was in a state of a civil war because of the constitutionality of how Nelson Chamisa grabbed power at the funeral of the Father of Democracy and the founding father of the MDC, Morgan Tsvangirai. When Mashavira took his case to the High Court in Justice Mushore’s Chambers and won, it was Nelson through his lawyer Thabani Mpofu and M Hashiti who appealed to the Supreme court in Case number SC 289/2019.
Arguing that Nelson Chamisa was indeed the legitimate leader of the MDC T since he was appointed by the National Council on the 15th of February just hours after Morgan Tsvangirai’s death. In their Supreme Court Challenge to Mashavira a Gokwe Cattle header and a District Organizing Secretary they invoked Article 18 of the MDC Constitution which is registered at the High Court of Zimbabwe with each page of that Party Constitution signed by Morgan Tsvangirai at the bottom.
The article reads;
In any place where the requirements of this Constitution can not be satisfied because of an omission or oversight in draughtmanship, or because a body provided for has not been established or an officer provided for in this Constitution has not been elected or appointed, or because of a procedural problem the National Council shall have the power to make such arrangements which their opinion, satisfy the spirit of this Constitution, and shall seek approval for such at the next Congress
But the Mashavira Legal team which was led by A Mtungura and assisted by Sarudzai Chatsanga and Lovemore Madhuku argued that there was no omission as far as the Deputy President is concerned because the substantive Articles of the MDC Constitution Article 9 and 10 have a provision for that officer with his or her responsibilities and also Article 20 states what must happen if the President dies.
Now the question I would ask is, if Nelson Chamisa was not fighting for the MDC T presidency, why was he defending his position in Court and why did he not through his lawyers just state that they are suing the wrong person since he is President of the MDC Alliance and not MDC T left by Morgan Tsvangirai? Because he knew that the MDC Alliance is not a legal persona and can not sue or be sued because it is an agreement of 7 political parties with their own Party Constitutions and that the Alliance is governed by an Agreement and not a Constitution.
There is even a video of Chamisa explaining what the MDC T and the MDC Alliance is. Magaisa has ignored all these facts and in his rabid attack against Sen Morgan Komichi he even qouted the Bible, likening Komichi as the prodigal son.
Here let me assist him and all those who have been lied to.
In the MDC Alliance Agreement Paragraph 3.1.2 the main party which is the MDC T was allocated 114 seats to contest around the country,
MDC 32 (Welshman)
ZIMPF 30 (Mtambara)
MCD 1 (Guchutu)
PDP 14 (Tendai Biti)
TZ 8 (Ngaruvhume)
So in this case the MPs do not belong to the Alliance but their mother party and ALL recalled MPs and those that have remained with the Alliance out of ignorance are the prodigal sons and daughters of this era, not a full National Chairperson clothed with the powers of the party Constitution, the MDC Alliance Agreement and a Supreme Court judgement that Nelson Chamisa went to protect his ill gotten Crown and Throne, but lost.
The point I am making here is that the 114 MPs that was allocated to the MDC T under the Alliance Agreement are the ones that are being recalled because they belong to them not the Alliance. On Article 8 of the Alliance Agreement it states that this agreement is valid for a duration of 5 years meaning it is still intact and the new leader of the MDC Alliance at law is Douglas Mwonzora.
The reason why the so called MDC Alliance is now fronting PDP Councillors in local authorities such as Mafume in Harare and Chabuka in Mutare is because they can not be recalled by the MDC T. Nicodimuosly Nelson Chamisa and his PDP ally Tendai Biti have come to terms that the Alliance was a pact of 7 political parties and Mr Magaisa is getting angry and refusing on their behalf.
Alex Magaisa has many and several times accused the MDC T of using soldiers to take back their building. He has not checked the facts to back up his accusations or he chooses to ignore them so as to mislead the nation and the voters in General. In a letter which was directed to the Dispol of the Central Business District of Harare by Atherton and Cook the legal practitioners of Nelson Chamisa’s party, Reference Number CM/ak/H50,
the lawyers wrote; “We write at the instance of our Clients Charlton Hwende, Kudakwashe Matibhiri and Luke Tamborenyoka and other legal occupants of MRT House and write to state as follows;
We were referred to your office by the Law and Order Section, after our requets for assistance at that section to evict Tendai Muchakahanzu Paul Gorekore and Friday Muleya and 15 youths of the MDC T who had entered into MRT House to evict a one Cotton.
Now just simple reading that letter one will tell that the person who called the police was indeed Charlton Hwende Nelson Chamisa’s Secretary General.
The persons whom they wanted to evict are long standing and founding members of the MDC Youth Assembly and have never been in the army or any security organ of the state. The letter continues to say;
The illegal dispossession occurred right in front of dozens of ZRP and ZNA patrolling the Area, who however, could not step in to protect our Clients. Charlton Hwende’s efforts to get assistance from the police in the truck that was parked close to the building and who were stationed at Harare Central Police Station did not yield results.
This confirms that the army and the police did not even take part in the retaking back of MRT House or Harvest House but it was the party faithful who took what belonged to the party. Funny enough all these are public documents that Mr Magaisa is free to inspect and tell the world the real story than lying blantantly like that.
The Nelson Chamisa led party also triggered a parallel legal process with the courts with their Chief Security officer at MRT HOUSE a one Mr Washington Gaga. He was assisted in his affidavit as Co Applicants by Chancellor Nyamande, Kuda Matibhiri, Edith Sana Munyaka, and David Zvavamwe Shambare. The 5 were also suing Tendai Muchakahanzu, Paul Gorekore and Friday Muleya and they wanted the Army and the Police to evict them from MRT House. And they even stated in paragragh 9 of their affidavits that the army and the police near by did not assist them when they called for their assistance to remove the MDC T youths from Harvest House.
But unkown to the world when news filtered that the MDC youths have taken their Head Office Morgan Richard Tsvangirai House, Nelson Chamisa deployed Denford Ngadziore to quickly mobilize the dreaded Vanguard.. About forty of the infantry division gathered at the corner of Nelson Mandela opposite the Anglican Cathedral waiting for the arrival of Charlton Hwende with another Vanguard regiment.
As soon as he arrived they advanced torwards the MDC office and they found the front door locked and tightly bolted from the inside.
They took the bait laid by Muchakahanzu, Friday Mukaya and Paul Gorekore. They made an attempt to penetrate the building by the back door opposite Angwa City. There, the brave 18 MDC youths held their fort as Hwende himself and Denford Gandziore led the assault to retake the building.
Nobody really knows what transpired inside the building as Hwende fled out, flowed by his Vanguard Regiment.
This is how Charlton Hwende and Denford Ngadziore identified Tendai Muchakaganzu and the rest of his team. He only sued the police and the army for not aiding and abetting their ill fated mission as is written in their court papers.
That is only when they called the police to assist them in repossessing MRT HOUSE and the police did not intervene since the whole episode happened inside the party premises and unseen to them. Truely speaking the leadership of their party knows that the police and or army did not intervene in the take over of MRT House. Inside that building it was thug to thug and the veterans won the day.
Mr Magaisa has totally ignored the use of the dreaded vangaurd by Nelson Chamisa when he stagged his Coup on the 15th of February. The mutilation and abrogation of the Constitution which he so much talks is of no concern to him because it was his beloved Nelson who committed this treason.
The near burning of Tangwena Douglas Mwonzora in Humanikwa on the 21st of February 2018 to him this event is not also blood and skulls in Chamisa’s closet. Mwonzora was only saved by the wet grass and the arrival of the EU, US and British Ambassadors and Kenyan Opposition leader Raila Odinga. Only then did he call his blood hounds off. There are many videos of this event in Humanikwa
Shaky Mukoyi had to plead in the name of Wamba Nelson Chamisa to let Mwonzora Khupe, Luwaz Sibanda and Bhebhe out of the hut as Ephrage Gwavava and Madziwa, Dzambacheka stood infront of burning torches protecting the party leadership with their lives. Hon Jessie Majome, a decorated MP and founder member of the party, was haunted out of Harare West with a mental retard and insane person whom medical practitioners proved and she is now using for the state to let her off the hook in their alleged kidnapping case but all at the behest of Nelson Chamisa.
These are the real facts and Mr Magaisa is writing his own opinion and not true events. This proves that Alex Magaisa does not check facts or is ignoring facts to suit his propaganda agenda. The man is a law lecturer and is refusing his students to study the MDC Alliance Agreement or otherwise also known as the Composite Political Co-operation Agreement, the MDC Constitution and the Zimbabwean Constitution altogether.
Which brings me to question his employers if they do not see that the man is lecturing yes but he is teaching nothing but anarchy and not constitutionalism and the constitution. The man is saying that anybody can overthrow their party and country constitution and get away with it because he is popular.
Populism and Constitutionalism are two different things and they come from two different worlds. Populism breeds dictatorship and Constitutionalism breeds Freedom and Democracy.
The BSR is BIG in Propaganda, Lies and deceit to chlorinate the evils that have transpired from the 15th of February 2018.