THE POLITICIZATION OF THE STATE

  1. To what extent is the hypothesis that in the post-colonial era, state institutions that promote and protect the rights entrenched in the constitution has been sufficiently compromised by the executive branch of the state so as to undermine the integrity of the democratic order promised by independence?institutions_header
  2. There is no doubt that President Mugabe would vehemently dispute any proposition that the separation of powers doctrine has been respected to the letter of the law under his watch.
  3. Many have warned South African of the dangers of following the ZANU-PF model of statecraft. As observed by William Gumede in an article entitled: “Africa: How we killed our dreams of freedom,” http://www.newstatesman.com/politics/2007/04/liberation-movements-zimbabwe , Zimbabwe is not alone in generating uncomfortable experiences for its citizens in the name of nationalism and patriotism.
  4. The umbilical cord that existed during the colonial era between the security apparatus and the ruling elites has been strengthened in the post-colonial era leaving citizens as hostages of the ruling parties.
  5. In the human rights domain, examples are abound about the role of police in undermining the rule of law but in the corporate world, apart from the experiences of the land reform, where the right to land (as an asset class) of white Zimbabweans, irrespective of their direct or indirect role in the colonial project, were constitutionally suspended; there are very few examples of how the politicisation of the state has manifested itself in post-colonial Zimbabwe.
  6. Indeed, a number of corporate actors have been fingered in corruption scandal but the Gono era with the whistle-blower incentive scheme managed to expose many corporate players to the justice system and remand prison.
  7. What is significant, however, is that of all the business actors who were targeted none of them was convicted of the crime that resulted in the limitation of rights via the operations of the police and other organs of state.
  8. Since I have no personal experiences in respect of the other matters that have been reported in the media, I can only share my limited experiences, insights and ideas with respect to what I have been exposed to.maxresdefault
  9. With respect to the extradition matter, the state actors who are directly mentioned in the papers that formed part of the application as follows:
  10. Mr. Eddington Alois K. Munatsi – who signed the letter of 22 May 2014 as the Acting Secretary for Justice, Legal & Parliamentary Affairs. Since the signing was on a Saturday it is not clear whether he was rented to act only in respect of my matters.
  11. Ms. Judith Tsamba, the then Provincial Magistrate.
  12. Mr. Joseph Musakwa, the then Director of Public Prosecutions
  13. Mr. Augustine Chihuri, National Commissioner of the ZRP
  14. Mr. Joseph Jagada, the then Chief Law Officer
  15. Mr. Mabunda, the then CID Superintendent
  16. At my bail hearing on 27 May 2004, a team of six members of the ZRP were in attendance. One of the officers I recognized at the hearing was Mr. Gora, the then Assistant Commissioner of Police.
  17. At that stage, Hon. Chinamasa had not surfaced as the driver of the project for all the actions were emanating from the RBZ.
  18. In fact, one would not expect a Minister of Justice to be ceased with foreign exchange matters as would later unravel.
  19. Until the extradition application, the interactions in respect of the cession court order and allegations arising therefrom were between SMM’s executive and directors with the officials of the RBZ.
  20. The principal actors from the RBZ’s side were Dr. Gono was paying the role of puppet master with Hon. Fortune Chasi and Mirirai Chiremba as the attack dogs.
  21. It was only after the dismissal of the extradition application that Chinamasa surfaced through an extraordinary government gazette in which four business actors were specified in terms of the operation of the Prevention of Corruption Act.
  22. Prior to the 9th of July 2004, the operative Act was the Exchange Control Act and the Externalisation Statutory Instrument in which externalization was classified in the same category as treason and any alleged person could be detained beyond the 48 hours without being charged.
  23. The law that has been associated with Makamba who was the person to whom the Act was firstly invoked and as a consequence he was remanded in custody for about 7 months. Other victims like Muponda, Kuruneri and others were to follow.
  24. Between 30 June and 9 July 2004, it would appear that my file as well as that of the NMB executives that; were also specified on the same day were transferred to Chinamasa. Chinamasa at the material time was the Minister of Justice and one naturally would have expected him as a lawyer to apply his mind independently as to the nature of the allegations and his role as an actor in the value chain of justice.
  25. It would appear that the facts of the matter confirm that he either acquiesced to Dr. Gono, who at the time was the unelected Emperor of Zimbabwe or he was part of the enterprise to undermine the rule of law and in so doing confirm the allegations of Zanufication of state organs.
  26. The effect of specification will be addressed later but what is important is that in the SMM matter the cause of action in the extradition matter was not fraud and externalisation as corruption was not one of the charges for which the warrant of arrest was issued.
  27. It is important to note that what was being alleged in the extradition matter had nothing to do with the cession court order and in fact no mention of it was made yet the disputed order was granted on 6 May 2004 and was the excuse used by Dr. Gono to assume the control and management of SMM without any court order.
  28. This was done through the convening of board meetings of SMM at the RBZ building and allowing Chasi to draft resolutions that were then passed. In fact, the minutes of SMM’s board that were in the various litigations on the SMM matters were minutes drafted under the supervision of Chasi.
  29. Following my specification, I thought naively like former VP Mujuru & Co thought that reason would prevail and lawyers like Chinamasa would not sink as low as to attempt to imagine crimes and act on them.
  30. Any layman would know that corruption is often associated with wrongdoing on the part of an authority or through means that are illegitimate, immoral, or incompatible with ethical standards and that it often results from patronage and is associated with bribery.
  31. In the specific case of SMM, one could not imagine how this allegation could take a life of its own independent of what was being alleged. If the allegation was that a cession court order granted by a South African judge had led to the prejudice of SMM, then one would at the very least have had to produce the bank statements showing the diversion of funds as a consequence of the cession court order.
  32. In this case, even Chinamasa wearing his legal hat would have been compelled to request the particulars of the claim of corruption. The only problem that all the actors mentioned above and the others whose names are not on the paper faced was that no diversion of funds took place as alleged pursuant to the cession court order.
  33. Although I was specified on 9 July 2009, the then Assistant Commissioner of Police, Mr. Mangoma, was only appointed as my investigator on 13 August 2004.
  34. By appointing a police officer to investigate corruption related to exchange control matters, it becomes clear what was really at play.
  35. Notwithstanding the fact that the extradition application was dismissed and the warrant of apprehension that was issued by Ms. Tsamba on 17 May 2004 remained in force. The warrant was in respect of charges of fraud related to exchange control transactions.
  36. Hon. Chinamasa knew that I was not a resident of Zimbabwe and so did Chasi who I met in Sandton by accident immediately after the dismissal of the extradition application.
  37. So from 9 July 2009, Gono faded from the frontline of attack and was now working through his subordinates.chinamasa-neww
  38. Now turning to the role of the police service in this travesty of justice, attached hereto is a supporting affidavit deposed to by Mr. Mangoma in support of Hon. Chinamasa’s answering affidavit in respect of the application to review and set aside the specification order.
  39. You will note in the affidavit that he alleges that he knew me in connection with two cases of externalisation of foreign currency and certainly not in respect of any corruption allegations that informed his appointment.
  40. The allegations were now refined as follows: “that Dr. Mudekunye, the then Chairman of SMM, and myself had acted in connivance and externalised (as fact) US$18.5 million, Canadian $628,071.84 and South African Rand 4,515,367.15.”
  41. The said amounts were allegedly represented as having been realised through the exports of asbestos fibre from Shabanie-Gathsmine.
  42. Having set out the cause of action as above, one would have expected Mr. Mangoma to state where the alleged offence was committed. Surely an offence in the currencies mentioned above, could not have been committed in South Africa as the lawful currency of South Africa is the Rand.
  43. In addition, it would be self-evident that the currencies in question were not lawful currencies of Zimbabwe.
  44. What is being alleged is that funds were externalised yet no facts are presented that the funds in question were received in any jurisdiction in which case the bank statements of the recipient or relevant companies could have been subpoenaed to confirm the amounts since the allegations relate to specific numbers.
  45. No bank statements were shown in support of bold statements about a crime being committed. In this case, you are not presented with the body, yet bold allegations of murder are made.
  46. The absurdity of the allegations only become clearer after reading the statement of Mr. Mangoma that: “the money was supposed to have been remitted to the RBZ.”
  47. One would know that the statement is inconsistent with how the funds actually flowed. Export proceeds were not paid to the RBZ as it was not the RBZ that was the exporter in the first place.
  48. The exporter would have been SMM and it is SMM that could only complain about not receiving what was due to it in respect of goods sold and delivered to the end customer. Another additional step that would have been required to be pleaded would have been a confirmation by the end customers that they had paid to the order of SAS, as agent, the amount that was meant to be remitted to SMM as the principal.
  49. No details are provided by Mangoma in support of the allegations because if SAS never received the funds, then there would have been nothing to pass on to SMM.
  50. In addition, SAS is a South African company and there is no supporting affidavit from the SA Police Service confirming that the funds that allegedly were paid to SAS from SMM’s customers were diverted to another source, which would have satisfied one of the key elements of fraud.Zimbabwe_flag
  51. By voluntarily sharing this information, one hopes that people like Mr. Mpinga who believe that Zimbabwe is the best country to do business can be honest enough to see Zimbabwe in the broader context of the ordinary people who are subjected to this kind of primitive policing.
  52. In fact, after his appointment, I did call Mr. Mangoma to arrange for an appointment since he was claiming under oath that it was difficult to interview but he refused to do so.
  53. I also arranged for the officers of SAS to visit Zimbabwe to clarify any issues related to the exports of SMM handled by SAS. When the people met with Mr. Mangoma all they were told is that he had instructions to arrest me and was less concerned about the SAS matters.
  54. This is what happens when the centre no longer holds, things fall apart. The relevant question then becomes when it became apparent that things had fallen apart.
  55. I can only speak to what has been revealed to me.

By: Tapuwa Chitambo (Friends of SMM)

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  496. The bench was listening to a bunch of petitions filed by golf equipment and on-line rummy companies against the Madras Excessive Court verdict that declared rummy for stakes as
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    the dearth of availability of the statistics and data in regards to the customers.
    There’s a great growth predicted within the
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    way forward for poker seems to be good right here in India with these developments.

    Talking in regards to the potential of the league, Mr.
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    We are certainly not aware of any Indian being prosecuted or charged
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    Each group may also have a professional poker participant
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    Let’s take with no consideration that India competing
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    That was it for this version but the action from the India Poker Championship continues at
    their next occasion from 7th – tenth April 2011.
    Once more, the dialogue is more focused on some entertaining phrase play rather than reality.
    Owned by The Deltin Group, Deltin JAQK is without doubt one of the premium leisure casinos, offering ‘Worldwide Standard’ ‘Excessive High quality’ Live
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    Additionally it is essential that the web poker software program is easy and responsive
    even when playing the maximum number of tables. Courts in India have not yet obtained a possibility to examine these
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    Gamers attempt to guess if they’ve the best card primarily
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    Should the Supreme Courtroom rule that on-line rummy sites aren’t authorized,
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    In case you set up full Shahi India poker Android app, you may play for hours and
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  503. Last week’s publication of a chunk by the English-language web
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    In 2008, I saw how Scotty Nguyen received $50,000 H..R.S.E.

    World Championship and since then I have been enjoying poker ardently.
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    Those who have already put at place fundamental terms and situations
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    Thrill Poker also presents Rummy to its Indian prospects, one other sport that
    requires ability and expertise quite than luck.

    In what got here as the largest bolster for Poker
    Industry in India, the Calcutta Excessive Court docket on July 2
    passed an order directing the state authorities, police, municipal and other authorities to not intrude within the poker games carried out by the petitioner, KN Suresh and
    his club. Before we begin our review of the authorized background
    to actual cash poker within India, I will simply make a point out of some helpful poker pages here on winmoney101.
    No Limit, Pot Limit, Fixed Limit and Heads Up, all variations of Texas Holdem poker
    games are open a number of tables by way of multiple on-line poker tournaments.

    It might be argued that operating a playing web site in India is deemed unlawful below the phrases of
    this act, given its wording, but this is removed from clear.
    If yes, right here is the good news for you: affords all the fundamental information needed
    for a brand new player to study the game of poker totally.
    Gamers who qualify to the 12 teams will then play within the Mega Finals, the place the most effective of India’s poker
    talent will be invited to a show of talent and entertainment.
    You possibly can even be taught different game variations and discover new strategies
    to master each variant. Earlier falling in a grey zone, online
    poker at this time is more and more being handled on par with every other entertainment businesses.

    Our staff of specialists has taken great care in screening only one of
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    That’s precisely when free poker games come helpful.PokerNation offers its citizens
    abundant alternative to play free poker. Chris Moneymaker , an accountant and beginner poker participant,
    won a US$39 satellite to qualify for the World Sequence of Poker, which he finally gained, taking residence US$2.5 million. Quelle que soit la partie de
    poker en ligne que vous recherchez, vous la trouverez forcément sur PokerStars.
    As a skill sport falling beneath the category of gaming
    slightly than gambling, penalties can’t be imposed upon gamers.

    Thanks for offering easy and trusted platform to play poker.I really feel the
    poker neighborhood owes it to poker4aces for conducting such glorious tourneys.
    It’s a recreation thatcan be learnt easily and now Indian poker web sites like Spartan, PokerHigh and Baazi make it incredibly easy
    to instantly go online and be part of the action,” he says. With a population of over a billion folks, it might only be a superb factor for gamers to have plenty of alternative through which poker site to play at. There are a number of the explanation why our gamers return to our online Video Poker video games time after time; they’re straightforward to learn in order that they get you into the motion instantly, they provide plenty of methods to win, and offer loads of selection so you’re guaranteed the easiest in on-line leisure.

    To stay totally within the authorized framework in India, you’ll must play at an in-nation operated web site. Essel Group can also be the official distributor of lotteries organised by some state governments and operates online lotteries in Maharashtra, Sikkim and some other states through its model ‘Playwin’. Nevertheless, until a courtroom or government steps in to ban or regulate on-line games of skill, poker websites will proceed to offer actual-money games to Indians and market their products, each online and offline. You may attempt your hand at Texas Hold’em Poker, Pot Restrict Omaha Poker, Single Desk Event Poker, Free Poker, Free roll Poker Tournaments, Sit N Go Poker, Ring Poker, Multi Table Poker Tournaments, and way more!

    But the rain-enhanced surroundings is very last thing on the poker player’s thoughts when he or she visits Goa. Its alliance with the IPC could also be one of the first steps toward grabbing a piece of the Indian online poker market that undoubtedly has plenty of room for development. Now we have created a very world-class platform on our web site for on-line poker in India by establishing the nation’s foremost 100% legal poker website. The mind sport of poker has not too long ago began rising at an exponential fee in India. There’s also one other act which could be thought of to narrate to on-line betting and gaming: The Information Technology Act of 2000.

    It’s turning into more and more widespread to listen to of online gamers cashing out anywhere between Rs 50,000 to over Rs 1 lakh throughout tournaments,” said Agarwal, who was roped
    in throughout January 2015 as the primary Indian participant for the
    world’s largest on-line poker web site, PokerStars.
    Danish Shaikh from Goa is another crew member who had first
    started taking part in poker on Zynga and fell in love with the game.
    Bharat Agarwalla, a poker visionary was chargeable for instituting the IPS which has since,
    gone on to change into a regular tourney with occasions
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    Apart from the professionals in fact, who lope freely, stilettoed on road corners exterior, contrapposto on the ersatz Rialto Bridge, transactable as shopping for
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    As more and more foreign firms purpose at exploring Indian markets, they’ve started paying attention to Indian laws. The very best websites for which we provide scores are additionally vetted for software capabilities, customer support, high traffic for bigger event fields, a variety of betting limits and sport variations, and the very best on-line poker bonuses and participant loyalty applications. The Supreme Courtroom judges in India are anticipated to subject a ruling on a case that started in Madras, India in 2012. In the event you want to dive in and get some free follow in a competitive atmosphere, try the model new web site at World Poker – offering free to play poker video games with a twist.

    However, from the buying power perspective, India is sort of completely different from Australia,” said Ashkenazi.

    Nevertheless, there’s other legislation in India which contradicts this to
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  505. Play poker on-line india -/w/?title=User:ezraminh2 India
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    The Starpoker iOS app from within the Apple Retailer
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    The more video games you play (and the higher the stake) the faster you
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    Some can differentiate themselves with deal with how
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    Additional, such documents should not only replicate the relevant provisions under numerous Indian statutes
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    On-line Poker in India started with lot of misguided perceptions on fair play,
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    India has been struggling laborious to cope with issues
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    Cashing in on the game’s recognition, Gaussian Networks Non-public Restricted,
    a Kolkata-based mostly company founded by IIT-ian Anuj Gupta, determined to launch ,
    an actual-money poker website, in 2011. It simply means you
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    I am pretty positive, but not positive if it’s changed recently that the minimal purchase-in is often Rs 5000 and you can play higher at something like 100k Rs.
    Cannot think of some other technique to have nice entertainment at the same time as I earn cash on the
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    Toutes les variantes de poker sont déclinées dans une gamme d’enjeux qui conviendra à tous les joueurs, peu importe
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    Be part of us at this time at On-line On line casino India
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    All in all, the legal scenario regarding using online playing websites
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    A small portion of each purchase-in would go towards seats into Saturday night time’s 20k match and in this
    case 1 seat could be awarded per 20 gamers. Many of the on-line
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    A protracted overdue victory for Abhishek who has put in some terrifically consistent
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  507. After cricket, kabaddi, soccer and hockey, India is all set to host its indigenous poker league.
    To my nice surprise I am seeing lot of Indian expertise representing our nation,
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    Repute is essential in the whole lot, particularly if you find yourself
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    games. In main metros like Delhi and Mumbai, , which describes itself
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    Look ahead to a while and hold your breath , betyourskills provides you
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    with a tenth place end on the Main Event of
    the Asia Pacific Poker Tour.

    Together with Burman’s PSL, there is one other tour that is seeking to do one thing similar however online.
    Sooner than we start our overview of the authorized background to actual money poker within India, I am going
    to just make a point out of some helpful poker pages proper here on winmoney101.
    The banks and so forth should ask them to first adjust to relevant techno authorized compliances after
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    The SpartanPokerdotcom online poker and rummy platform runs
    on software that is merely among the best in the world, complete with all the required
    software licenses to ensure that you play on a web-based skill games website
    that is working nicely inside the boundaries marked
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    India-based mostly followers from registering accounts though,
    and poker rooms such as Bet365, 888Poker, Pokerstars, and Celebration Poker are all lengthy-running websites that may accept players.

    This can be very essential to research all the choices available
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    A large proportion of India’s professional base speaks English as well as quite a few of India’s house language, so there was really by no means a need for the websites to
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    Ignoring the web intermediary legal responsibility and cyber
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    Now it’s all set to seriously change the way in which that poker and other skill-based
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    In addition to Karnataka, West Bengal and Nagaland, the Gujarat Excessive Court has asked the state government to make clear its stance on poker and the Kerala
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    It’s a patch begin, however Karnataka, West Bengal and
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    In a few pockets around the Subcontinent, the poker stigma’s slowly being steamed
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    We as poker lovers know what a player wants from a general gaming site and we’re a customer-oriented web site.

    Siddharth’s been sharpening his poker abilities for years
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    The very subsequent day I made a decision to be part of the motion and try
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  508. The bench was hearing a bunch of petitions filed by clubs and on-line rummy companies against the Madras Excessive Court docket verdict that declared rummy for stakes
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    The Central Authorities and Reserve Monetary institution of India
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