ZANU PF youth league member Sybeth Musengezi has filed an urgent High Court chamber application seeking a ruling stopping President Emmerson Mnangagwa from calling and presiding over Zanu PF’s upcoming elective congress.
“Take notice that the applicant intends to make an urgent chamber application to this honourable court seeking to interdict the first, second, third and fourth respondents from convening and presiding over the first respondent’s national people’s congress as announced by Obert Moses Mpofu, first respondent’s secretary for administration,” Musengezi submitted in court papers filed yesterday by his lawyers Nqobani and Associates.
Zanu PF, Mnangagwa, Mpofu, party finance secretary Patrick Chinamasa, Zimbabwe Newspapers and Herald editor Hatred Zengeni were cited as respondents in the matter.
“First, second, third and fourth respondents are aware of a pending court application for a declarator filed by the applicant and issued out of the court under cover of case number HC 5687/21,” Musengezi’s lawyers stated.
“Applicant’s application aforesaid seeks to declare unlawful, the process by which the second, third and fourth respondents assumed the positions that they now hold, which positions the second and third respondents are now acting upon to convene the congress.”
Musengezi’s first application where he challenged Mnangagwa’s ascendancy to the party presidency in November 2017, is still pending at the High Court.
“Respondents are, therefore, acting on the basis of powers and authority of positions that the same acquired through a process that is impugned in a case that is still pending resolution by this honourable court.”
Zanu PF has said Mnangagwa enjoys presidential immunity.
The ruling party has also said Musengezi could not challenge Mnangagwa’s legitimacy since he was a “bogus” party member.