THE Supreme Court judgement of 30th March which declared Nelson Chamisa illegitimate in the MDC has inadvertently opened opportunities for a youthful Zanu-PF district chairman who says he plots to approach the courts to challenge the constitutionality of President Mnangagwa’s rise to power both in the party and government.
The ruling party’s District Chairman of Masimba political district in Mashonaland Central province, Cde Goodman Tamuona Musariri has taken a bold decision to approach the courts with an intention to ‘oust’ Mnangagwa from power.
Cde Musariri was born on 19 October 1980 and completed his Ordinary level at Allan Wilson where he scooped 12 A’s and was the school head boy. He is a seasoned banker and also says he is a future presidential aspirant.
The 40-year-old old former Reserve Bank Head of Treasury Operations is father to seven children.
He hopes to be the Elias Mashavira of Zanu-PF by aiming to topple Mnangagwa using the courts, exactly the same way Mashavira, the MDC Gokwe district leader, relentlessly pushed a legal fight that toppled Chamisa.
“The forthcoming Legal Question lurking ahead on Section 38 of the Zanu-PF Constitution, its interpretation and application has been inspired by the Supreme Court ruling of the MDC case,” Musariri claims.
He says his mission is highly impersonal and does not attack anyone but raises the aforesaid legal questions through an application to the same Supreme Court for a Declaratory Order in tandem with what was ruled on the MDC case.
Says Musariri: “I would really love that a ruling be made by the courts as early as yesterday in order to restore constitutionalism and the constitutionality of matters in the political fraternity.
“My party Zanu-PF clearly abused its own constitution, especially section 38 when it fired Robert Mugabe and catapulted Emmerson Mnangagwa during the Operation Restore Legacy coup of November 2017.
“The party constitution is clear that the President and First Secretary of the Party or, in his absence, one of the Vice Presidents and Second Secretaries or the National Chairman shall preside over the meeting of the Central Committee and at such a meeting (1) decisions of the Central Committee shall be by simple majority; and (2) by majority of the total membership shall form a quorum,” he says, quoting section 38 of the Zanu-PF constitution.
“It is in the public domain that Robert Mugabe who was the President and First Secretary did not chair that meeting as required by this section. He was under house arrest and or was barred from exercising his powers by the army.
“The court should therefore ascertain who convened the meeting and chaired it and if such persons were delegated by the First Secretary to do that on his behalf.”
The youthful Zanu-PF leader adds nonchalantly: “That particular Central Committee meeting of the 19th November 2017 is the legal misnomer and should be sought to be declared null and void by the High Court by way of statements, case law and constitutional law.”
An advocate of the law said it was interesting to see how the courts will handle Musariri’s case, if he manages to take it that far.
“I think that the idea that Zanu-PF members can challenge the legality of the affairs within their party on grounds akin to the MDC matter is an interesting one. It is a viable line of thought for them to persue,” said Advocate Phuzu.
Masariri argues that the military contravened the Zanu-PF constitution and unlawfully intervened in the affairs of the party as soldiers are not members of the party.
Also by restoring Emmerson Mnangagwa to the party when Mugabe was under house arrest, Musariri believes the Central Committee erred because he (Mnangagwa) was expelled and could only be considered for that post after five years.
The ambitious youthful leader intents to assemble a team of notable constitutional legal representatives to launch the court challenge, but he will need a lot of luck to execute the bizarre mission.
Still, he is confident that he will get a fair hearing as according to him, the recent judgment by the Supreme Court in the MDC matter had set a precedent.
Musariri is not new to political battles. He contested during the Zanu-PF 2018 primaries for position of MP for Mazowe South Constituency in Mashonaland Central.
He lost, and reverted to his current role as chairman of Masimba political district in Mazowe ward 14.
He says he believes in the ethos of the liberation struggle and equality of citizens, as well as the need to rid corruption which he says manifests in the ruling Zanu-PF party, the opposition MDC as well as the private sector.
– Zimbabwe Voice