FULL DOCUMENT: Ziyambi Ziyambi Response To Chiwenga Dossier

1. Introduction

This response, prepared at the President’s request, examines and refutes the claims in the original document, which was presented to the President by Vice President Comrade Dr. C.D.G.N. Chiwenga. My analysis is based on a review of key legal instruments, including the Constitution of Zimbabwe, the ZANU-PF Constitution, the Criminal Law (Codification and Reform) Act, the Interpretation Act, and the Public Entities Corporate Governance Act.

I will address the issues chronologically, first stating the allegation from the original document and then providing a corresponding response.

2. A Preamble to Political Rhetoric (Paragraph 1)

Issue: “Comrade President, we undertook Operation Restore Legacy with a sacred mandate: to reclaim our nation from the jaws of corruption and to restore the dignity, prosperity, and sovereignty of Zimbabwe for its people.”

Response: This paragraph is a preamble that uses emotive language to describe the November 2017 events. Without additional context, it is mere political rhetoric with no legal or practical consequence.

3. Dissecting the Allegations on Operation Restore Legacy (Paragraph 2)

Issue: “In November 2017, we took a bold and necessary step to remove former President Robert Mugabe from power because: he sought to manipulate our Constitution for personal gain…he allowed certain individuals and family to seize his executive authority…he ignored the suffering of the people while a corrupt elite looted with impunity…he turned ZANU-PF into a personal fiefdom.”

Response: There is no evidence to support the claim that former President Mugabe manipulated the Constitution for personal gain. The only constitutional amendment during his tenure was to Section 180, which deals with the appointment of judges. The narrative that Operation Restore Legacy was a response to his constitutional manipulation is baseless.

Regrettably, this paragraph portrays the late former President as a perpetrator rather than a victim of manipulation by others who were later charged for their alleged crimes. The true purpose of Operation Restore Legacy was to remove alleged criminals from around the former President, who ultimately resigned in consideration of the circumstances and the will of the people. Denigrating our founding fathers is both disrespectful and reprehensible.

4. On Claiming Heroism and Collective Effort (Paragraph 3)

Issue: “During November 2017, we risked everything – our lives, our freedom, our futures – to restore and defend our legacy, the Party and the Constitution.”

Response: It is denied that only a few individuals sacrificed for Operation Restore Legacy. Zimbabweans from all walks of life participated in and supported the operation. We must acknowledge the collective effort that made success possible and desist from claiming heroism for the work of many.

The success of the operation required substantial resources, and it is a known fact that individuals like Kudakwashe Tagwirei provided millions of litres of fuel, food, and other provisions for the soldiers, as well as significant financial support to the Party. Any assertion that a few individuals are solely responsible for the success of Operation Restore Legacy is an attempt to distort history for personal and political gain.

5. Economy: Then vs. Now (Paragraph 4)

Issue: “Today, history is repeating itself in the most shameful way Comrade President. Why we find ourselves in this situation is both shocking and shameful.”

Response: Comparing the Zimbabwean economy in November 2017 to the current state is both disingenuous and absurd. In 2017, the economy was characterized by political instability, delayed salary payments, a high public debt-to-GDP ratio, severe foreign currency and fuel shortages, and a high dependency on imports.

In stark contrast, under President E.D. Mnangagwa’s leadership, Zimbabwe has become the fastest-growing economy in the SADC region. The president’s achievements over the past six years are unparalleled globally.

6. The 2030 Agenda and the ZANU-PF Constitution (Paragraph 5)

Issue: “It is now clear for anyone to see that the so-called 2030 Agenda to extend your term of office is real and alive, and this has now taken us back to the ills that led us to November 2017.”

Response: The President is a committed constitutionalist. The “2030 Agenda” is not a deviation but a direct result of resolutions passed by the National People’s Conference. Article 6, Section 34 of the ZANU-PF Constitution explicitly grants the Conference the power to make resolutions for the Central Committee to implement.

Resolution number one from the last Conference was the 2030 Agenda. Therefore, its implementation is a mandate from the people, as expressed through the Party’s constitutional process. Furthermore, Section 328 of the national Constitution allows for amendments, and there is nothing illegal about seeking to amend it.

The author’s assertion stems from a lack of understanding of these legal provisions. Any attempt to destabilize the government based on such falsehoods is tantamount to treason.

7. On Criminals and Party Funding (Paragraph 6, 8, and 9)

Issue: “The drivers of this so-called 2030 Agenda have now made corruption, looting of our state coffers and bribery of our structures the cornerstone of their contribution to this campaign… this 2030 Agenda is being funded and driven by known criminals who have brazenly looted our state coffers… We surely cannot fold our hands and watch these criminals like Kudakwashe Tagwirei, Wicknell Chivhayo, Scott Sakupwanya, and Delish Nguwaya, amongst others, corrupt and bribe our structures.”

Response: These allegations are false and malicious. The author was present when the 2030 Agenda resolution was passed and is now trying to distance himself from it. It is defamatory to label individuals as “criminals” before they have been tried and convicted in a court of law.

The Party has a long history of receiving funding from the business community and well-wishers. There is nothing criminal about this practice. Such reckless statements could discourage business people from supporting the Party. The targeting of specific individuals appears to be a veiled attack on the President himself.

8. Misunderstanding Party Processes (Paragraph 7 and 13)

Issue: “We are witnessing in shock as some of our officials in the Party and Government… are even announcing to our people at gatherings that we are no longer holding elections in 2028… These criminals have polluted the concept of Affiliates that we set up to support the Party… we are now seeing Affiliates being more resourced and becoming more powerful and influential than our Organs of the Party.”

Response: The author is clearly ignorant of party processes. After a conference, Party officials are mandated to report on the resolutions. These announcements about the 2030 Agenda are consistent with Resolution number one. The author’s denial shows a failure to move with the Party.

The issue of affiliates falls under the purview of the Commissariat. This matter was comprehensively presented and adopted by the Politburo. The claim that “criminals” hijacked the process is unfounded, as it was a Party-endorsed initiative, a practice the Party has engaged in for years.

9. Debunking Allegations of Theft and Corruption (Paragraph 10)

Issue: Claims of over US$3.2 billion being stolen from government coffers through various individuals and schemes, including: US$1.9billionfromtheMinistryofFinance,theftofstateassetslikeSandawanaMines,US$45 million from the Zimbabwe Election Commission (ZEC), and various other fraudulent contracts and schemes.

Response: These allegations are a narrative to discredit individuals who have long supported the Party. Zimbabwe is a constitutional democracy with established institutions to handle such matters. The claims are baseless and lack credible evidence.

The alleged theft of US$1.9 billion is a misrepresentation of a legitimate sale with full Cabinet approval. The transactions involving Sandawana Mines and Great Dyke Investments also had full Cabinet approval. The claims of theft from ZEC are also grossly misleading, as ZEC never entered into a contract with the named individual or his associated company.

The gold incentive scheme is a government program approved to curb smuggling and increase gold deliveries to Fidelity Gold Refineries. It is not a “toll gate fraud.” All contracts mentioned were executed in compliance with the Public Procurement and Disposal of Public Assets Act.

10. Direct Attacks on the President (Paragraph 11)

Issue: “The actions of these criminals, which also include turning your Private office, Comrade President, into a place where key Government decisions are made, demand that strong action be taken immediately to preserve our Party and stability in our Country.”

Response: This is a direct and personal attack on the President. The Office of the President is constitutionally protected to ensure peace and stability. Undermining his authority is a criminal offense. The author’s comments are immature and intrusive, demonstrating a serious disrespect for the President and his private space. This bitterness is evident throughout the document.

11. The Land Tenure Program and Party Policy (Paragraph 12)

Issue: “Kudakwashe Tagwirei is now running with this and reversing the Land Reform Program, completely going against the resolutions we made at the 2022 Congress.”

Response: The implementation of the Land Tenure Program is not a reversal of the Land Reform Program but is provided for in the country’s Constitution and aligns with previous Party Conference resolutions on security of tenure. The program has been accepted and adopted, with members of the Presidium already having started the personal title deed registration process. This is a collective Cabinet decision, and the author’s opposition seems to stem from a personal intolerance of an individual chairing the implementation committee.

12. The “Breaking Barriers Initiative” (Paragraph 14)

Issue: “I brought to your attention the treasonous project which has been penned by Jonathan Moyo for our Parliament to implement, the so-called Breaking Barriers Initiative… this Project is treasonous and a huge scandal… and its being done and championed by people like Jonathan Moyo, who we fired from the Party.”

Response: It is strange how the writer obtained this document if it was meant for Parliament. There is nothing treasonous about this initiative, which is an opposition document aimed at nation-building and cohesion. It was brought to my attention by the leader of the opposition in Parliament. The author’s claim that the named individuals are funding this initiative is unsubstantiated.

13. Calls for Unlawful Arrests and Incitement (Paragraph 15, 16, 17, 18, and 19)

Issue: Repeated demands for the immediate arrest of the named individuals, alleging they have stolen billions and are now using this wealth to capture the Party, manipulate state institutions, and create a parallel power structure.

Response: These are emotional outbursts and a manifestation of the author’s denial of the 2030 resolution. The doctrine of separation of powers and the principle of due process dictate that the President cannot order the arrest of citizens without following the law. The author’s demand is a flagrant disregard for established constitutional institutions.

The individuals referred to have been funding the Party for over 20 years. To now label them as criminals is baffling. The claims about mealie meal and medicine shortages are unfounded, as the government is actively addressing these issues. The repeated, inciteful, and unsubstantiated claims are an attempt to create a narrative similar to November 2017, and any such ambitions should be nipped in the bud.

14. Conclusion

The original document is fundamentally flawed and its claims lack merit. It should be disregarded due to its material shortcomings and a lack of understanding of both Party procedures and the national Constitution. At its core, the document advocates for the unlawful removal of a constitutionally elected President, which is a palpably treasonous act.

The document’s release to hostile media houses is highly questionable and may violate the Official Secrets Act. Its narrative resembles the rhetoric of detractors bent on undermining our sovereignty. The author’s selective targeting of individuals while ignoring others and his disregard for democratic principles show a clear need for ideological reorientation.

The document’s intention is suspect, and its allegations are baseless and devoid of evidence. Any attempt to stage a coup, whether through treacherous acts or misrepresentation of facts, is a grave offense that undermines the stability and unity of our nation and must be met with immediate censure.