THE matter in which Zanu PF member Sybeth Musengezi is challenging President Emmerson Mnangangwa’s legitimacy has been struck off the roll.
The matter was struck off the roll following Musengezi’s appeal against the former Zimbabwe Anti-Corruption Commission commissioner Goodson Nguni’s successful application last week to be included in the case.
The matter, which was expected to be heard by Judge President Mary Zimba Dube, will only be restored on the roll after the court makes a determination on Musengezi’s latest appeal.
Musengezi appealed against Nguni’s joinder citing various violations of the Constitution.
The Zanu PF member is calling for Mnangagwa’s dismissal as party president.
And in an incident largely viewed as linked to the controversial case, on Sunday night Musengez’s house and motor vehicle were torched by unknown assailants suspected to be Zanu PF members reportedly infuriated by the court application.
Mnangagwa was appointed party leader following a November 2017 special central committee meeting, which Musengezi claims was unlawful because it violated the ruling party’s constitution.
“The implementation of the strategy to topple the late former President Robert Mugabe from the position of President and first secretary of Zanu PF commenced with unknown individuals convening a purported special session of the central committee of Zanu PF at the party's headquarters on Sunday 19th of November 2017. This was all done outside the provisions of Zanu PF’s constitution in that only the secretary for administration could lawfully convene a session of the central committee of the party in the exercise of his powers under Article 9 section 48 of the constitution of Zanu PF,” Musengezi had submitted.
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Musengezi said that illegal meeting resolved that the top leadership of the party was incapacitated to execute its duties in terms of the constitution.
He argues that the resolution betrays the unconstitutionality and unlawfulness of the purported special session of the central committee.
Musengezi said the meeting was not convened by then secretary for administration, (Ignatius Chombo) and the late Mugabe was not incapacitated at all to preside over a lawfully convened session of the central committee in terms of the party constitution.
“Mugabe was not incapacitated because he managed to cap hundreds of university students at the Zimbabwe Open University graduation ceremony and vice-president Phelekhezela Mphoko was not incapacitated as well in the event that Mugabe was absent,” Musengezi submitted.
Musengezi also told the High Court that the central committee does not have the power to reinstate a member who was expelled from the party without that member following due process under the party constitution.
He said it was, therefore, illegal for the committee to purport to reinstate expelled members as well as Mnangagwa in absentia to the position from which he had been lawfully dismissed.
Musengezi is seeking a declaratory order and relief that the events of November 19, 2017 be declared null and void.
Musengezi has also cited Zanu PF stalwarts Obert Mpofu, Patrick Chinamasa, Phelekezela Mphoko and Chombo as respondents in his High Court application.
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