Category: Business

She is right to refuse a bribe, if anything at all she should take less if necessary but drive the point home, before the law, that  we are all equals, nothing like Grace Mugabe is better than the ordinary person.

Its a simple matter of principle and Zimbabweans have got to understand that the lack of constitutionalism and lack of self belief in themselves is primarily driven by the poor choices they make in life, manifested in the  put  criminals they elect  into power  allow them to monopolise wealth and power, even continuously supporting their own oppression  by a despot Mugabe led Zanu pf regime .

The importance of one 20 year old forcing a dictators mad wife to humble herself before the law is that it drives a point across, they are not infallible, they are not untouchable and you do not need guns but commonsense and constitutionalism.

The South African model Gabriella Engels (20) is one person, just a baby compared to the rest of Zimbabweans crying , who has  actually made the whole world sit up at attention over this, top international mainstream media including tv, newspapers, social media and all forms of publicity and communication.

Worldwide, politicians and interested parties, presidents and prime ministers, top prosecutors, NGOs, human rights organisations, women’s groups, activists Zanu pf, opposition,  and others are all following the developments and praying for her victory.

If we all now stand up and speak and act with one voice against oppressive authority by Mugabe, Zim1 family , Zanu pf stalwarts and securocrats, we can change the course of history and prove, just like this girl that it does not take guns or violence to shake up oppressive authority by a dictator and  his wife, but instead, simply applying brains over brawn as she has done.

Gabriella’s  life has now been forever changed for the better because even the modelling world and other public activity like show hosts and so forth are now looking out for her and ready to offer her opportunities to work with or for them and this is before the case is brought before the  court .

She has therefore  already won because she has the people’s hearts and support  and  will make clean money unlike Grace who spent many hours lying face up admiring the president office  ceiling sh*gging a married 67 year old president at 21.

No one can ever take away this young girls victory over a powerful dictator, whom, millions have failed to bring to this level for 37 years.  She deserves our support because her victory is the people’s victory. She is milking a venomous snake of all its poison and by 2018  we will  have a weaker Mugabe and his Zanu pf regime, fully conscious of the global impact of all their actions against the people.

Our own opponents and activists have never managed to shake up the empire like she has single handedly done in such a short time by herself.

Zimbabweans this is your cueue, open your eyes, believe in yourselves, explore your options, unite and finish off what this kid has started for you and when you win, give her the keys to Zimbabwe, freedom of the country if you know what Im saying ,,see the bigger picture! Sibusiso Ngwenya

ZEZURU people want to monopolise the post of the presidency in the country which defeats the principles of the liberation struggle, outspoken Independently Member of Parliament for Norton, Temba Mliswa said.

“I don’t care who the presidential candidate is, but I will not vote for a Zezuru president in 2018,” he said. “Ndebele yes, Karanga yes, Samanyika yes and I am very clear about that.”

Candid Mliswa said there ought to have been an agreement which says that the presidential seat should rotate among all the tribes in the country.

Briefing journalists in Harare Thursday, Mliswa said he was a worried man because of plans by a faction within ruling party Zanu PF, (G40) to bring in Sydney Sekeramai (Defence Minister)’s name forward to be their presidential candidate as this was meant to keep the post within the Zezuru tribe.

He said it is not a secret that Sekeremayi and Grace Mugabe (Wedza) are from the same province Mashonaland East.

“There seems to be a monopoly of the Zezurus being in power and on the position of the presidency and no one else,” said Mliswa.

“But if you look at the founding principles of the liberation struggle which the president always talks about there is nothing like that and they are not being followed now.”

He added, “If you look at the really generals, there were not many Zezurus who lead the struggle, Tongogara (Josiah) was Karanga, Nikita Mangena was Ndebele, but when it comes to the presidency it is a monopoly of one tribe.”

Mliswa said come 2018, Team Lacoste led by VP Emerson Mnangagwa has an upper hand to take over considering the ground work they have covered so far in the provinces controlled by the ruling party.

“And to me, I said it before and I repeat it, there is nothing as powerful as people standing by their tribe.” Mliswa said.

“You can equally say with factionalism currently going on in Zanu PF, Team Lacoste controls Mash West, Lacoste controls Midlands, Lacoste controls Masvingo, Mat North and South and Manicaland provinces.

He added, “The Midlands, Manicaland and Masvingo are the most powerful provinces in terms of voting and Mash West forget the Karangas have taken over.”

He went on to say that for the first time the Zezurus have disintegrated as shown by events in Mashonaland East and Mashonaland Central province which were Zanu PF strongholds.

“Lacoste will benefit between the fight in Mash East and West because the Zezurus for the first time have crushed and are controlled by Gamaox. newsday

Zimbabweans are currently grappling as to whether Grace Mugabe is entitled to diplomatic immunity following an incident in which she is accused of having assaulted a young lady who happened to be in a hotel room with her sons.
When we speak of diplomatic immunities, under international law the UN conventions of 1961 and 1969 come into immediate focus.

There is no doubt that international customary law affords the head of state full diplomatic immunity and inviolability.

In other words President Robert Mugabe is protected fully from arrest and criminal prosecution under customary international whether he travels for private or state business. Customary international law is recognised under article 38 (1)(b) in the statute of the International Court of Justice.

The provisions asks the court to use international custom as a general practice accepted as law. The majority of states have accepted this as binding and non have deviated from observation thereof.

To date customary international law is recognised as the primary source of diplomatic protection for heads of state whether they are travelling for private or state purposes.

The question that we have at hand is whether the same protection can be extended to their spouses who in most instances ‘do not officially hold title except that they are wives of the head of state.

Heads of state require full immunity in order for them to freely and effectively engage in their official duties.

International custom has now developed to provide special privileges and immunities to the family members of the head of state.

If the head of state is to function correctly the scope of the rule protecting the head of state must extend to the spouse in order to maintain the official function of the head of state.

If Grace Mugabe is to be arrested and charged it would affect the discharge of the Presidents executive functions and state business.

Arresting and prosecution of Grace Mugabe can trigger of a diplomatic incident that can potentially lead to severance of diplomatic ties between the two countries.

So in other words Grace Mugabe will always enjoy diplomatic immunity in as long as her husband is the head of state, whether she travels in her private or official capacity.

That is the position under international custom. Case law backing this position include the Imelda Marcos vs USA 1989.

It is also instructive to note that this is not the first time Grace Mugabe has invoked diplomatic immunity to avoid prosecution whilst on a private visit.

In 2009 she assaulted a Sunday times reporter in Hong Kong when he attempted to take a picture of her living her hotel. The reporter tried to have criminal charges brought against Grace Mugabe.

The Hong Kong authorities accepted her plea of diplomatic immunity based on customary international law.

It is therefore custom that the spouse of a head of state enjoys full diplomatic immunity, it does not matter whether her visit is private or state sanctioned.

Lloyd Msipa is a Lawyer, Politician, Academic, International Law Consultant