Opinion: Biti maybe “damaged some calm” but didn’t assault anyone

This delict is committed when a person unlawfully and intentionally applies force to the person of another or has threatened to do so in a manner that inspires a reasonable fear of immediate danger in the mind of the person threatened” (Professor G. Feltoe – ‘ A Guide To The Zimbabwean Law Of Delict, 2018).

Tendai Biti on the 30th November 2020 called out Tatiana Aleshina at Harare Magistrate Court. Where he called her: “You Tatiana you are stupid, very stupid, stupid. Stupid idiot”. Which by all definitions shouldn’t be an offence or deemed as an criminal act. It was an act of foolishness from Tendai Biti and he should apologize maybe. However, to be charged with assault over this is just ridiculous.

What is even more striking that uttering these words was enough to get Aleshina hospitalized. That he pointed fingers and shouted out these words. He didn’t touch her or act with vile force. He was maybe angry and was out of bounds with his emotions, as he uttered those words. Still, that is not an assault by definition.

If you feel threatened by these sort of words. Then you shouldn’t even work in a Court or be part of the Justice system. It will get much worse from here. The man showed his frustration and only retorted in a manner, which he should apologize for, but not be charged with anything.

To call a person “stupid” and a “idiot” shouldn’t be a criminal offence. Unless, the authorities are thin-skinned and lack moral judgement. Because, if this is deemed enough to do so. Then, everyone in the nation better be prepared for assault charges. Every kid and every child, heck every teen and every partner have uttered these words at one point. Where you have called your friend “stupid” or your colleague an “idiot”. Because, at the heat of the moment you have realized that they acted “dumb”. Therefore, charging him for calling Tatiana that is using a school-yard argument in court.

He didn’t put her life in danger, he didn’t touch her or threaten her. Tendai might be loud in the heat of the moment, but that doesn’t justify the charges against him. Biti should just say “sorry” and Tatiana should move-on. Unless, she is always afraid and nobody has ever stroke a high note around her. Which I doubt, as a Chief Operation Manager in a Property Firm. She must have heard much more derogatory language from contractors, than what Biti said on the 30th November.

Yes, she could be shaken and humiliated. That is all natural, as you would stumble on the humble and wouldn’t expect to be called out in the setting of a Court. However, that doesn’t say that Biti actually assaulted her. Neither, was these words intimidating. It was more a quick slur and bad manners.

If this is deemed as an assault. Then it takes a school-yard argument to the courts. There will be much more cases and the courts should be filled with kids, youths and managers calling people out. Who hasn’t called people stupid and showed some bad manners?

I am sure most of the public has done so at one point. Unless, your a holy saint, the Pope or someone holier than thou. Alas, if Tendai Biti … is charged and serving time over this. Then there should be plenty of more similar cases. Because, the Courts should start answering to pleas of civilians everywhere who has called people “stupid” since that is enough to get charged with “assault”. Peace.

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Opinion: Mwonzora wants to rule in two houses…

Douglas Mwonzora the Secretary General of the MDC-T wants to also run the MDC-Alliance. He wants to be the big-man both places just like his boss Thokozani Khupe. Mwonzora wants to have the ability to recall and change the leadership within the MDC-Alliance and the MDC-T. Playing to parties at the same time. While claiming to do it after the 2014 structures. Which by itself is ridiculous.

Not weird the state is sanctioning it and letting bygones be bygones, as they are getting a field day. Mwonzora get to be crowned king and spend time in the media. He looks the chief, the crowned mastermind and head honcho. Douglas make it seems so easy, but does he think the world is stupid?

We all know the government and the state wants to assault and silence the MDC-Alliance. That is why Khupe and Mwonzora are useful pawns. They are tools for destruction, their own self-destruction for a few pieces of silver. While they are causing havoc with the MDC-Alliance. It is double whammy and ZANU-PF can laugh to the bank. A bank they have robbed, skimmed from and left nothing behind for the public share.

Mwonzora wants to rule supreme in two houses. Unless he has an open relationship, if his a swinger and the wife allows him to bang other chicks on the side. It is unjustified to be like that. Think that he can run to two households and not be called out on it.

Who do you think you are? How foolish do you think the public is?

Maybe, the silver coins from ZANU-PF blinds your vision. Maybe, the flamboyant behaviour of late is facade. Douglas you cannot keep it up. The games are sooner or later over. You might look like a victor now. You maybe seem like a supreme leader in your mind. However, in reality you are still just a foot-soldier. Awaiting the trenches and the taste of blood.

The former lecturer of law at the University of Zimbabwe, the lawyer for the United Parties and former spokesperson for the MDC. Mwonzora knows the political game and what gamble he does know.

Douglas knows perfectly well the game he plays. He is maybe on the tip of the hill right now. Mwonzora is overlooking the valleys and feeling great. However, that will not be lasting. For one simple reason: You cannot rule in two houses. The MDC-T and MDC-Alliance isn’t the same thing. The parties are different for a reason, as the MDC-T is the rebellious faction who is retaliating against the victors post-Tsvangirai. It is really that easy, but they like to peasants used by Mnangagwa.

It must be nice to be used, later dropped and forgotten. These people of the MDC-T will be dropped as quick as their usage are over. They will be in the dustbin of history. All their hard work and dedication just forgotten.

Mwonzora is most likely thinking the enterprise is wise. That his so brilliant, but he cannot see how’s his fooling himself. Unless, his that stupid and thinks he can run both entities. While claiming the legitimacy. However, that is not how it works. He maybe think so and the PFee busy-bodies peddle that nonsense too. Still, that doesn’t make it a fact.

Douglas, hope you like being used and hope your bank-account is pregnant. Because, when this is all boiled over. Those envelopes got to carry you. We see you and saw what you did. This is who you are now. You have been arrested for insulting Mugabe, but at the moment your insulting your own intelligence. Peace.

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