ZANU PF youth league member Sybeth Musengezi yesterday vowed to forge ahead with his court action where he is challenging the constitutionality of President Emmerson Mnangagwa’s ascendancy as Zanu PF leader in 2017.
Mnangagwa and Zanu PF recently threatened to sue Musengezi’s lawyers demanding withdrawal of the court challenge.
Musengezi’s lawyers have accused Mnangagwa and Zanu PF’s lawyers of using bullying tactics and reported them to the Law Society of Zimbabwe.
The Zanu PF activist is seeking a court order declaring null and void a November 19, 2017 Zanu PF central committee meeting that elected Mnangagwa as party leader after the late Robert Mugabe’s dismissal.
In an opposing affidavit, Zanu PF secretary for administration Obert Mpofu argued that Mnangagwa enjoyed presidential immunity. He also dismissed Musengezi as a bogus Zanu PF member.
In his answering affidavit, Musengezi stuck to his guns.
“I believe with respect that the opposition is without merit and ought to be dismissed with attendant costs on a higher scale,” Musengezi said in his answering affidavit filed through his lawyers, Ncube Attorneys.
Musengezi cited Zanu PF, Mnangagwa, Mpofu, acting finance secretary Patrick Chinamasa, former Vice-President Phelekezela Mphoko and ex-Zanu PF finance secretary Ignatius Chombo as the first to fifth respondents respectively in his application.
“Applicant clearly has sued the second respondent in his official capacity as the President and first secretary of the first respondent. To suggest that the applicant is thereby suing the office of the President is self-servingly misleading.
“That the two offices, that is, that of the President of the Republic of Zimbabwe and that of the President and first secretary of the respondent are held by one individual does not bar a suit against the said individual office bearer in his suitable capacity as President and 1st secretary of his voluntary association.”