A Zimbabwean citizen Brian Mari who once dragged the Zimbabwe Electoral Commission (ZEC) to court demanding fresh elections has written open letter to war veteran Blessed Geza.
Dear Cde Geza.
1.I am informed you are a war Veteran and a citizen of Zimbabwe. Correct me if I am wrong.
2. Did you know Cde Geza, that in your capacity as citizen of Zimbabwe, you have a constitutional right in section 67(2)(d) of constitution to participate, individually or collectively, in gatherings or groups or in any other manner, in peaceful activities to influence, challenge or support the policies of the Government or any political or whatever cause?
3.Did you also know that in terms of s44 of constitution, the State and every person, including juristic persons, including zanu pf and every institution and agency of the government at every level, must respect, protect, promote and fulfil the rights and freedoms set out in Chapter 4 and
4.Did you also know that in terms of s45(2) of constitution, Chapter 4 binds natural and juristic persons to the extent that it is applicable to them, taking into account the nature of the right or freedom concerned and any duty imposed by it and this include zanu pf.
5.Following recent events where you challenged Mnangagwa and asked him to step down, I have taken note of a press statement of 5 February 2025 by Zanu pf Spokesperson threatening disciplinary measures against you for exercising a constitutional right in s67(2)(d), a chapter 4 of our constitution provision and binding on zanu pf too.
6.Cde Geza, did you know that you can easily turn this letter from Mutsvangwa as your stepping stone to remove Mnangagwa without struggle but simple paper and case closed?
7. I know you will ask how and it is expected.
8. As trained soldier, you must understand how detail is important to any mission or operation, so I may take long and detailed account but bear with me, its a tight and solid plan which no lawyer can challenge but obey.
9.Because zanu has specifically referred to your utterances which were directed at Mnangagwa as president of Zimbabwe and threatened a disciplinary measure he against you,
10.Did you know that in terms of s85(1)(a)any person acting in their own interests is entitled to approach a court, alleging that a fundamental right or freedom enshrined in Chapter 4 has been, is being or is likely to be infringed, and the court may grant appropriate relief, including a declaration of rights and an award of compensation and
11.Did you know that in terms of s85 (2) of constitution, the fact that a person has contravened a law does not debar them from approaching a court for relief under subsection (1) and
12.Did you know that in terms of section 69(3) of constitution as read with section 44 and 45(1), it is binding on the state to give every person access to courts that are established in terms of law anif
13.Did you know that, in terms of s166(3)(a) of constitution, only a s166 constitutional court bench with all judges of the court present can hear and determine a claim against an infringement of given right in chapter 4?
14.Did you know that in terms of section 86(3)(e) of constitution, no law may limit the right to a fair trial and no person may violate right to a fair trial and
15. In terms of s69(2) of constitution, in theone determination of civil rights and obligations, every person has a right to a fair, speedy and public hearing within a reasonable time before an independent and impartial court, tribunal or other forum established by law.
16. Cde Geza because right to have your matter be heard by independent and impartial judges appointed in terms of law is absolute and no law or person can violate this right.
17.Now because s166(3)(a) gives exclusive jurisdiction to a constitutional court, it means only a constitutionally constituted constitutional court bench with independent and impartial judges appointed in terms of law can hear and determine this matter.
18.The mere fact that no law and no person may violate this right means exit of Mnangagwa and arrest of Malaba and calling of a referendum.
19. How?
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