3 Mugabe laws that will scare away investors in Mnangagwa era

Since the deposition of Zimbabwe's long-serving dictator Robert Mugabe from power by the military on 14 November, the country has seen an ever-changing citizenry in terms of political choices.During the period when the old former dictator was holed up in his home at gunpoint while under house arrest by the military, one thing was clear, the citizens knew what they wanted, that is the resignation of their worst nightmare.

Once that nightmare was gone by the 21st of November, a new kind of citizenry imaged, one that accepted the invincibility of a well oiled Zanu pf machinery with the backing of ZDF.Even amongst opposition supporters, the part of the choice in that machinery was Emmerson Mnangagwa.

However, by the 30 of November when Munangagwa announced his much-dreaded cabinet, all that hope of a Deng Xiaoping coming in the name of ED changed with people across the political divide crying foul.Even international hopefuls such as Britain started issuing statements echoing some sort of disappointment and disapproval.

Amidst all the discontent surrounding Munangagwas cabinet is a whole system left Mugabe which gave the former president unfettered powers over everything under Zimbabwean soil.

One of the saddest victims of Mugabe's autocracy was the Zimbabwean constitution itself, a document which he could tweak anyway he wanted and whenever it suited him.

Munangagwa, by virtue of being president, inherited these powers too.In any case, he has been one of the spin doctors that drafted laws that prolonged Mugabe's stay in power, now he gets a chance to enjoy these laws all by himself.

The Presidential Powers Temporary Measures Act, for example, was one of the laws which Mugabe used to bypass parliament and make laws.

Under a constitutional democracy, all statutory instruments issued by a body other than parliament must not overtake the role of the parliament in effect.

The Bond notes that are in circulation today are as a result of that unconstitutional law which goes against the principle of separation of powers in a big way.

Not only did Mugabe use the PPTM to issue Bond notes on his own accord without the blessing of the legislature, a lot has been done under that law that many are not aware of.Another example of PPTM is when Mugabe deemed Shabanie Mashaba Mines specified for purposes of criminalization.

All this was done without going to court but just as a way of punishing a business rival Mutumwa Maweres company.

Shabanie Mashaba Mines was shut down without due process owing to personal differences between Munangagwa himself and Mutumwa Mawere, the former using his proximity to Mugabe was able to have his revenge after having been exposed in corruption scandals involving Zanu pf companies by Mawere.

James Makamba's business empire was destroyed using the same tactics, rumour has it that this was due to an alleged affair between the first lady and the business mogul.All this goes against the legal principle that says no executive power that limits the rights of others should have the effect of law.

Another law which Munangagwa can use to overtake a company is the unconstitutional Reconstruction of State indebted Companies Act.Using this law, the government, acting through a minister may at any time deem a company insolvent without the due process such as going to court or conducting internal company audits.

All companies involved in partnership projects with the state are subject to be treated unfairly in terms of this law.With the Indigenization law that calls for 51_49% ownership, it is difficult to see any big company or project commencing without any such dangerous ties to the state.

This is withstanding that the Companies Act alone is capable of dealing with all company matters. The law takes away from the so-called indebted company, the right of the board of companies to make decisions on behalf of the company and places such companies under a government-appointed an administrator who will, in turn, liquidate the company's assets.

Section 86 of the Zimbabwean constitution says any law that seeks to limit the rights of others must be of general application.

However, all these realities have done little to convince the minds of Zanu-PF lawmakers to change such a law nor has many efforts made to have the Mugabe constitutional courts declare irregular parts of the reconstruction act been successful.

In conclusion, in as much as Mnangagwa's government is aiming for success, a lot needs to be done to change the laws that scare away investors.

Mnangagwa has been a beneficiary of these laws himself which he and Mugabe used to raid companies owned by rival business people and vulnerable foreigners with businesses in Zimbabwe.It is time to reform and make good the promise of an investor-friendly nation.