Is Mr. Tawanda Nyambirai a dictator? asks Ms. Miriam Mutizwa in Part 6 of her letter.
In this Part 6 of Ms. Miriam Mutizwa’s letter addressed to Mr. Tawanda Nyambirai, the issue of Mr. Nyambirai’s inherent temperament is critiqued and evaluated.
Mr. Nyambirai has sought to characterize Ms. Mutizwa as a confused and irrelevant person trying to pry into settled matters in relation to the facts and circumstances of the origins, financing and structuring of the Econet business opportunity.
To date, Mr. Nyambirai has refused to address his concerns directly to Ms. Mutizwa choosing to communicate through Mr. Tich Mutyambizi’s Facebook wall.
This attitude of holier than thou exposes itself overtly from the beginning of Mr. Mutizwa’s attempt to delve into the Econet matter following Mrs. Tsitsi Masiyiwa’s missive against outcries and actions in the name of restoring the rule of law in Zimbabwe.
This is what Mrs. Masiyiwa said: “Some outcries and actions in pursuit of justice seem and look so right until you discover the source of the outcry and sponsor of the cause. Take a step back and reflect on some of the things we consider good and just causes.”
Mr. Nyambirai posted his response to Ms. Mutizwa’s Part 5 contribution to this important debate as follows:
“I am forced to respond to you indirectly on a matter that should bring us together.
I should like to believe that even Mrs. Masiyiwa would be persuaded to be part of this conversation not least because she was a beneficiary of the impugned fraud and corruption but any matter that forces us to interrogate the intricate relationship between justice and equity should be a bridge builder.
I was, therefore, taken aback when you chose to characterise my contribution as: “ill-informed repertoire so full of distortions and heresay said with aplom!” when you and I know that I do not possess the full facts in relation to this matter.
In the interests of transparency, I would have expected you to correct me where you believe I am wrong as long as we can agree that it is in the public interest to know about the correct facts in relation to the listing of Econet and what happened with regards to the equipment that you assert what purchased by Econet but ended up as the property of TSM, a company in which Mr. Masiyiwa’s founding rights in Econet are located.
I am still at a loss as to why you would see my contribution in the following terms: “Threats, innuendo, misinformed accusations, illogical sequence and allusion to accounting fraud from just a thumb suck analysis bereft of any facts! Bring the lawful authorities you have informed of this little melodramatic self indulgence of a poor comic script at best!, with all due respect, full of unbelievable ignorance of what a private company can do with its share holding.”
I seek nothing but the truth in this matter. I am sure you are well aware that the facts of Econet’s listing was a subject of dispute between the some of the policyholders of FML, one of whom is very active in the social media alleging that the disclosures in the Econet IPO Prospectus were tainted by fraud.
Such a serious allegation can only be justly addressed if we all worked together to expose the true facts of the matter.
I have asked a question whether it would be just and competent to call you a dictator in relation to this matter. To me a dictator is a system in which a single person can dictate a version that must be accepted as gospel by others.
You have chosen to speak on behalf of Econet, TSM, MTN, and Telecel International when it is common cause that you possess no authority at all to act as an agent for any of these juristic entities.
I can understand why you would seek to protect Econet even though the facts suggest fraud. I have been forced to follow your professional and business career only to find that your fortunes are inextricably linked with the story of Econet.
You have over the years presented yourself as a guardian of Econet and the individuals whose decisions and actions have been challenged as corrupt and fraudulent not by me but by the people ~who~ whose rights were and continue to be affected by the alleged theft of equipment that according to Mr. Gatt was purchased by Telecel International.You have over the years presented yourself as a guardian of Econet and the individuals whose decisions and actions have been challenged as corrupt and fraudulent not by me but by the people ~who~ whose rights were and continue to be affected by the alleged theft of equipment that according to Mr. Gatt was purchased by Telecel International.
I set out below, my unanswered twitter conversations with you that help to expose the difficulty it is to establish the truth when the alternative to your dictated truth is treated with disdain.
I had assumed that you and your chosen surrogate, Mr. Mutyambizi, would be concerned that the facts relating to the movement of the equipment and the timelines from its manufacturer, Ericcson, would encourage you to be interested in hearing the voices of the representatives of the relevant companies.
Yet alas you seem to want to hear your own voice and seem not to be prepared to allow Telecel International, a company that you admit to have paid $1 million towards some equipment that ended up as TSM property.
I should like to believe that no prejudice would be suffered by Telecel International’s representatives confirming that at some point, the undisputed cash contribution was in truth and fact converted into shares in Econet as alleged by you.
I also followed Mr. Mutyambizi’s lengthy conversation with Mr. Mawere on this same matter.
With respect to my choosing this platform to communicate my views is that I subscribe to any idea that is premised on celebrating the ideas like rule of law and constitutionalism that I believe can best secure the delivery of the Africa that I want to be a part of.
I believe in an Africa that is characterised by the respect of the rule of law and not rule of man.
I have written extensively on why I believe laws like the Reconstruction Act pose so grave a risk to a prosperous and inclusive Zimbabwe informed by the idea that any law or action that results in the divestment of another’s right must be condemned in the strongest terms.
I find a similarity with the mind that informed the introduction of this Act and the alleged mind and actions in relation to the equipment or property of TI that seems to have been divested from the company without its knowledge at all.
Mr. Gatt who was the CEO of Telecel International *at the material time* has already said that no compensation was received from ~n~ either Econet or TSM as you allege which means that the property of Telecel International could have been expropriated without compensation and justice.
If your version is not corroborated, I should like to think you as a practising attorney, would be on the side of justice and equity.
I am getting increasingly concerned that an Officer of the Court would rather muzzle attempts to uncover the truth than be at the forefront of the search for the truth and justice.
I really want to work with you and genuinely look forward to what Mr. Gatt will have to say to Messrs. Mawere and Mutyambizi on the version of Telecel International in relation to this equipment.
I trust that you will find this in order.
1)Dear Mr Nyambirai @tawanda1,Thanks 4 v11 shared on @tichmutyambizi‘s FB, you claim to have negotiated for TSM and or Econet,Both these were at the time Pvt cos with Directors and Shareholders,Is there a Directors and Shareholders Resolution assigning you 2 act on their behalf?5:26 PM – 11 Jan 2019
- Miriam Mutizwa @mimmitwit 14h14 hours agoMore2)The v11 itself raises more questions at the time of Dates in your v11,Two major shareholders of TSM at the time negotiated equipment with Ericsson and Siemens and an agreement was reached later with Ericsson in 1997 and not in 1998.1 reply0 retweets0 likesReply 1 Retweet Like Direct message
- Miriam Mutizwa @mimmitwit 14h14 hours agoMore3) The shareholders at the stayed at the Calanan Hotel on Catherine St,The negotiations were attended by the two TSM shareholders and Ericsson and Siemens’s biz dev and finance teams,There was no Mr T Nyambirai present at the negotiations nor for the closing of the deal1 reply0 retweets0 likesReply 1 Retweet Like Direct message
- Miriam Mutizwa @mimmitwit 14h14 hours agoMore4)It now raises eyebrows on the v11 u share as the equipment agreement,MTN being at the material time a listed entity on JSE would hv 2 declare any dealings with TSM or Econet & I would also expect given the size of the project an staff of NMB at the time would not hv sufficed1 reply0 retweets0 likesReply 1 Retweet Like Direct message
- Miriam Mutizwa @mimmitwit 14h14 hours agoMore5)I do acknowledge that were it today u would suffice albeit with the requisite resolutions,While Ross Macdonald of MTN was a personal friend of Mr Masiyiwa at the time he had no authorisation to negotiate such a deal from MTN Directors nor Shareholders1 reply0 retweets0 likesReply 1 Retweet Like Direct message
- Miriam Mutizwa @mimmitwit 14h14 hours agoMore6) @shingaiRndoro @mmawere @matigary @NyashaMujuru2 @Busisa74 @OpenParlyZw @hwende With each response and each interrogation there seems to be born a new version over the equipment, Part 7 loading @Mavhure @dewamavhinga @ProfJNMoyo @MthuliNcube @nigelchanakira1 reply1 retweet3 likesReply 1 Retweet 1 Like 3 Direct message
- Miriam Mutizwa @mimmitwit 12h12 hours agoMore@BabaJukwaJ @EdmundKudzayi kukanganwa vatapi nhai lolTranslate Tweet0 replies0 retweets0 likesReply Retweet Like Direct message