HARARE – Zanu PF activist Sybeth Musengezi has lodged a Supreme Court appeal against a recent High Court ruling allowing fellow activist Goodson Nguni to be party to the former’s spirited court challenge against President Emmerson Mnangagwa’s legitimacy as the ruling party’s number one
Nguni and his Federation of Non-Governmental Organisations Trust was allowed by the judge president, Mary Zimba-Dube to join court proceedings in a court challenge expected to commence on October 3.
The judge ruled it would be prejudicial to Nguni if he was to be blocked from stating his case before court.
“As the applicants have a legal interest in the subject matter of the proceedings and the outcome of the proceedings, they are likely to be prejudicially affected if they are unable to pursue the objectives of the trust and personal interests of the second applicant.
“Pertinent is that the applicants have shown that the litigation brought by the respondent may lead to a result which may affect not only their rights but the public interest, “ said the judge in her ruling.
Musengezi however feels there was nothing put before the courts to show how Nguni would be prejudiced.
He wants the High Court ruling set aside.
“The High Court erred in adjudging that first Respondent (Federation of Non-Governmental Organisations Trust) had the requisite locus standi to institute the proceedings that it did in circumstances where the law prescribes that it is not a legal persona and cannot thus initiate litigation.
“No evidence had been placed before it of the trustees of the first Respondent and the authority upon which the second Respondent was acting
“The court aquo erred and grossly misdirected itself in granting an order for joinder where no case had been pleaded by the first and Nguni against the appellant (Musengezi),” wrote his lawyers.
Musengezi launched the challenge last October arguing that Mnangagwa took advantage of a military coup to remove the late President Robert Mugabe in November 2017 to become Zanu PF leader.
He submitted that Mnangagwa was “handpicked into the presidency” by his Zanu PF allies.
Musengezi also cited Zanu PF, Obert Mpofu, Patrick Chinamasa, Phelekezela Mphoko, Ignatius Chombo as respondents in his High Court application in which he also called for Mnangagwa’s dismissal as president and Zanu PF member.
The activist said 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.