The Financial Gazette

Could this be the case with Mliswa saga?

Njabulo Ncube, Assistant Editor

INDEED, the cliché “it never rains but pours”, aptly applies to Temba Mliswa — the youthful ZANU-PF politician and businessman who strayed into an “inferno” of legal challenges on June 28, when he was first arrested on allegations of fraud and extortion. What has followed is quite unprecedented.
The wheels of the country’s previously lethargic justice system have suddenly been well-oiled and are turning at amazing speed never seen before as far as the alleged criminal charges stalking the controversial businessman cum politician are concerned.
Inside one month, the former fitness trainer and self-styled guru of Zimbabwe’s black economic empowerment crusade has had more than 40 criminal charges thrown at him, some dating as far back as 2002, at the height of President Robert Mugabe’s chaotic land reforms.
Police and judiciary officers, who have revealed in court that some of the cases had been gathering dust at their offices largely because Mliswa was perceived to be “untouchable”, have also shown amazing zeal and passion in dealing, once and for all, with the ZANU-PF enfant terrible.
The spring and agility of the police has been dazzling if not amazing.
His legal quagmire has been a minefield that has aroused the interest of local, regional and international media, hard-pressed for sexy headline news and cannon fodder for newspaper satirists who caricature the 38-year-old entrepreneur in cartoons.
As if not enough, police this week dusted up yet another fresh charge against Mliswa in which it is claimed he allegedly swindled the central bank of US$3,5 million in what has been described as a well-knit scam through one of his companies, Saltlakes Holdings two years ago.
Court documents indicate that police might press up to 70 charges allegedly linked to the incarcerated ZANU-PF politician, which include the contravention of the Firearms Act, contempt of court, extortion, theft and public violence, in addition to on-going fraud cases filed by former white farmers who have formed a beeline to file charges against their tormentors.
The documents show that some of the cases were pending trial, while others had not been finalised as complainants were not being located.
Mliswa is cited as accused in five fraud cases, four theft, one fraud and theft, one stock theft, eight common assault, eight assault, one assault and theft, two public violence, two contempt of court, one extortion, five malicious damage to property, one Shop Licenses Act violation, one Firearms Act violation and a case of housebreaking and theft.
It goes without saying that the former fitness trainer’s troubles began on June 28 when he was arrested, along with Martin Mutasa, the son of Presidential Affairs Minister, Didymus Mutasa, and George Marere, on allegations of fraudulently attempting to take over a Harare vehicle accessories company.
Prior to his arrest, he had accused police Commissioner-General, Augustine Chihuri, of being corrupt in the handling of the cases involving the company, Nashio Motors.
He was granted a US$400 bail by the magistrates’ court, but was subsequently re-arrested on another case.
He was again granted the same amount as bail, but before tasting freedom, the police came up with more charges, which have seen the vocal businessman spending nearly a month behind bars.
The police have so far brought more other charges alleging Mliswa swindled former white commercial farmers.
In a dramatic twist, Mliswa has implicated Chihuri, businessman Paddington Zhanda and Jocelyn Chiwenga, wife of the Zimbabwe Defence Forces Commander, Constantine Chiwenga, saying he sold them some of the generators he is alleged to have stolen from farmers around Karoi in Mashonaland West Province.
The controversial businessman is alleged to have used names of senior government officials to illegally obtain generators from Bonvalley, Gavensham, Hesketh, Westlands and Spring farms.
While Chihuri has dismissed Mliswa’s claims, Zhanda has admitted to buying a generator from the Saltlakes Holdings boss, insisting it was a purely commercial transaction. Chiwenga is yet to add her voice on the issue, which has all the basic ingredients of a powder keg.
Mliswa has since applied to have his case referred to the Supreme Court citing infringement of his constitutional right to freedom.
But the State, through prosecutor, Phyllis Zvenyika, argued that the Constitution allows deprivation of liberty when there is reasonable suspicion that one has committed an offence.
In a failed urgent High Court application to bar police from re-arresting him, Mliswa said his problems stemmed from a letter he wrote to Chihuri alleging corruption in the manner law enforcement agents were handling his cases.
In his affidavit filed at the High Court last week, Mliswa stated that the cases being re-opened by the police should now be brought to court by way of summons.
He alleges malice in the manner in which the State kept bringing up charges, even in cases which had been withdrawn before plea. Justice Felistus Chatukuta, however, dismissed the application for lack of urgency.
But questions abound what is the real story behind Mliswa’s present predicament. Could he be a victim of power struggles at play within ZANU-PF or is he a victim of the politics of patronage system in the party.
Or has the State finally mustered courage to deal with corruption and other violations relating to its controversial land reform programme whose Achilles heel has been the rampant looting and the general breakdown of law and order in the commercial farming community.
Some, citing Mliswa’s role in black economic empowerment, wonder whether the “revolution” was devouring its own children.
In the court of public opinion, Mliswa could be past his usefulness in ZANU-PF’s scheme of things.
Those who may have admired Mliswa’s courage, zeal and outspokenness in doing their bidding could be having a change of heart regarding the style, content and approach to take in line with the prevailing political order. In their view, rightly or wrongly, Mliswa is a square peg in a round hole.
Whereas Mliswa’s strengths, including his weaknesses, came in handy prior to the consummation of the inclusive government between ZANU-PF and the two Movement for Democratic Change formations in February last year, when abrasiveness and brazenness were acknowledged by way of a badge of honour, so to speak, the game plan has since changed.
ZANU-PF is now trying to re-package itself, as an orderly party that respects the rule of law and property rights ahead of the decisive elections next year, which are likely to be won on the basis of issues and the credibility of candidates.
Many in ZANU-PF are said to have read the signals well, but quite a few of the party faithful may be caught offside.
Mliswa could be one of those who remained blinded by the old order. With the passage of time, the jury will pass the verdict.
While the court processes rummage through Mliswa’s papers, there are obvious own goals the businessman could have scored in the realm of political execution.
l Mliswa appears to have difficulties in restraining his loose tongue and maintaining his cool, more so when provoked. His attack on Chihuri, at a time when he was at his weakest, could have left a sour taste in the mouths of many. The Art of War, by Sun Tzu, could have provided some useful lessons for Mliswa.
l The businessman created a lot of foes in his adopted home province of Mashonaland West, ruffling the feathers of political gurus such as Ignatius Chombo, Webster Shamu, Reuben Marumahoko and Faber Chidarikire, among others. Fighting from a divided home base, it has not been possible for Mliswa to marshal party cadres in the province to speak with one voice on the issue.
l Mliswa might also have blundered by attempting to influence the make up of ZANU-PF’s presidium when he campaigned for the elevation of his uncle, Mutasa, to the position of party chairman in complete disregard of an unwritten rule between the former PF-ZAPU and ZANU-PF, which reserves the post for former PF-ZAPU cadres. A lot of people in ZANU-PF have burnt their fingers by trying to tinker with the party’s succession politics — an erstwhile hot potato.
l Mliswa’s closeness to key security chiefs and influential government officials might have had the effect of elevating his status to that of a threat to national security.
But even with all these perceived weaknesses, some political observers are convinced that a reformed Mliswa is still useful to ZANU-PF and the country. They say Mliswa remains one of the rare breed of youths in Zimbabwe who encapsulate intellect, energy and determination that can take the country forward.
His ability to transform himself from being a rugby coach, fitness trainer, cricket and football administrator to being a successful farmer, businessman and politician of note — all in a space of 10 years — speaks volumes about his adaptability to situations as well as his eye for opportunity, which, however, needs to be exercised under mature guidance.
Yet others argue that the issue is no longer about Mliswa vis-à-vis the State. They say the saga has now assumed a life of its own, with political predators pursuing their prey in the ensuing confusion.
The early casualties could have been Mutasa and Co-Home Affairs Minister, Theresa Makone, who crossed the police’s path when they attempted to spring out of police cells, Martin Mutasa.
The list of accusations could be endless, according to police sources privy to details of the investigations.
Okay Machisa, the national director of Zim-Rights, said it would be foolhardy for Zimbabweans to believe that the State was finally dealing with chaos that reigned supreme under the land reform exercise, but instead certain powerful individuals in ZANU-PF and government were pursuing personal political wars and, unfortunately, Mliswa has been the first victim.
“I have no faith that the State wants to deal with the farm looters or other abusers of State resources as exemplified in the Mliswa case,” said Machisa. “The State is controlled by certain individuals who react ruthlessly to those who will have interfered with their interests,” he added.
Takura Zhangazha, a Harare-based political analyst, agreed with Machisa that it would be too soon to assume that the State was sincere in dealing with farm looting when there were cases concerning the actual acquisition of farms that are outstanding either at courts or in regional and international tribunals.
“I see Mliswa’s present condition as a result of the dangers of the politics of patronage, especially a patronage system that depends on securocrats and proximity of those in power. They can abandon you a their own convenience,” said Zhangazha.
There is talk of fresh elections probably early next year to effectively deal with the inconclusive presidential elections which gave birth to the shaky coalition government. ZANU-PF could already be on an election campaign undertaking an anti-corruption campaign and were now using Mliswa as an example of how determined the party is to nip corruption in the bud.
Phillip Pasirayi, the co-ordinator of the Centre for Community Development in Zimbabwe, said while Mliswa could be facing serious criminal charges, he could also be a victim of political expedience by schemers in ZANU-PF.
“My reading of the issue is that ZANU-PF wants to sacrifice a few party members and project an image of a reformed party. With talks of fresh elections, we might see a few not-so-powerful party faithfuls being sacrificed to dupe the electorate that ZANU-PF is ready to deal with corruption and lawlessness,” said Pasirayi. 
Trevor Maisiri, the director of the Africa Reform Institute, a Harare-based political think-tank, said Zimbabweans should remember that ZANU-PF had the habitual and periodic tendency of sacrificing its own members at every juncture where certain sentiments needed to be “piercingly projected”.
“We remember the time when Phillip Chiyangwa was dragged to the courts during his active days in the ZANU-PF Mashonaland West provincial structures. There is also the case of former finance minister, Chris Kuruneri. These classical examples actually depict those moments when ZANU-PF uncharacteristically becomes venomous to its own constituents. ZANU-PF operates in cycles and momentary seasons,” said Maisiri.
Chiyangwa, then the Chinhoyi legislator, faced charges of espionage after he was arrested in December 2004 together with three other State security agents for allegedly contravening the Official Secrets Act.
Chiyangwa was subsequently acquitted and set free in February 2005.
Kuruneri was arrested the same year in 2004 while he was still minister of finance for violating the country’s strict foreign exchange control regulations. He spent some considerable time in prison before being acquitted in 2007.
Analysts said ZANU-PF cadres like Mliswa should be able to read these indications in order to understand and endeavour to be on the right side of action.

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