Mnangagwa legitimacy challenge struck off the roll

THE High Court has struck off the roll an application by Zanu-PF activist, Sybeth Musengezi who is challenging President Emmerson Mnangagwa's legitimacy to lead both the ruling party and Zimbabwe.

This was done to allow the Supreme Court to deal with an appeal filed by Musengezi challenging the joining of fellow party activist, Goodson Nguni to the proceedings.

On Monday High Court judge president Justice Mary Zimba Dube said it would not make sense to proceed with the trial when the appeal has not been heard.

Musengezi however said this was unfair as he wants the matter brought to finality.

"The judge president said she is removing the matter from the roll pending the Supreme Court appeal that we launched last week against the joining of Nguni and his organisation. So she can only give us a setdown date once we have an outcome from the supreme court.

"We launched the appeal last week so we are expecting to hear from the Supreme Court any time from now because we appealed on an urgent basis. Personally I don't think it is a fair decision but when I tried to ask she said this is the only way to go because we cannot still have the matter on the roll when we have a pending appeal at the High Court," said Musengezi after the matter was heard in the judge's chambers.

Musengezi claims Mnangagwa was unlawfully handpicked into the presidency.

In his application filed at the High Court last year, he also cited the Zanu-PF party, Obert Mpofu, Patrick Chinamasa, Phelekezela Mphoko, Ignatius Chombo as respondents.

He argues Mnangagwa was ushered into office following an unlawful special session of the central committee which was convened by unknown people in violation of the party's constitution.

The Zanu-PF activist accused the parties of taking advantage of the unfolding Operation Restore Legacy to topple the late former President, Robert Mugabe from power.

In that alleged unconstitutional meeting, according to Musengezi it was resolved that the top leadership of the party was incapacitated to execute their duties in terms of the constitution, and Mpofu was elected to preside over the proceedings as he was the most senior member of the party present.

He added that the resolution's document betrays the unconstitutionality and unlawfulness of the purported special Session of the Central Committee.

It is his submission that as a direct result of the unconstitutional and unlawful special session of the central committee convened on the 19th of November 2017, Mnangagwa was purportedly elected in absentia to the positions of first secretary of Zanu-PF, acting president and head of state.

He said the conduct of those who convened the meeting robbed Zimbabweans of freely choosing their president.

On that note, he petitioned the court to grant a declaratory order and consequential relief that the events of November 19 2021 be declared null and void.

He begged the court to order the party to go back to November 19 2017 and direct Mphoko as the lawful vice president and second secretary to take necessary steps in terms of the party constitution to convene the special congress to regularise leadership within three months of granting the order.