President Emmerson Mnangagwa. REUTERS/Philimon Bulawayo
ZANU PF has said the High Court has no jurisdiction to hear a case where a Zanu PF youth league member is challenging the constitutionality of President Emmerson Mnangagwa’s ascendancy to power in 2017.
Sybeth Musengezi filed papers at the High Court in October seeking a ruling declaring null and void a November 19, 2017 Zanu PF central committee meeting that confirmed Mnangagwa as the acting president.
Musengezi is represented by his lawyer Nqobani Sithole
Mugabe was forced to resign after the meeting as party and Zimbabwe president respectively and replaced by Mnangagwa. In December 2017, Mnangagwa was confirmed as substantive party president at the Zanu PF congress, and later went on to win the disputed 2018 elections.
In opposing papers filed on Friday, Zanu PF secretary for Administration Obert Mpofu argued the High Court has no jurisdiction to hear the case, further adding that Mnangagwa enjoyed presidential immunity.
“The High Court therefore has no jurisdiction to try the President for any cause against him in his personal capacity whilst he is still in office. The provision is part of our constitution which is the supreme law of the country and hence the constitution is authoritative on that point,” Mpofu said in an opposing affidavit filed through Dube Manikai & Hwacha Commercial Law Chambers.
“It is important to note that the theory of presidential immunity is not found in Zimbabwe alone. It is one that is common in most democracies. Section 98 entitles the President of Zimbabwe to absolute immunity for civil and criminal infractions whilst he is still in office. The immunity insulates him from any civil or criminal prosecution.”
Musengezi cited Zanu PF, Mnangagwa, Mpofu, Chinamsa, former deputy president Phelekezela Mphoko and ex Zanu PF finance secretary Ignatious Chombo as the first to fifth respondents respectively in his application.
Mpofu argued that Musengezi was also not a Zanu PF member contrary to his claims.
“The applicant was never accredited to a cell as he was never a resident of Hatcliff as he alleges. This means that he was never a member of the party to begin with. The applicant cannot therefore produce a party card as evidence before this Honourable Court which was given to him after he fraudulently represented that he belonged to a cell,” Mpofu said.
Musengezi participated in the Zanu PF primary elections for Harare North constituency ahead of the 2018 elections and lost to the MDC Alliance’s Allan Markham in the elections.
This is very interesting, not so long ago Zanu PF as a party and as individuals went to town when the the MDCAlliance dispute was brought before the Courts emphasising ‘constitutionalism ‘ even though they said they were not interested parties. Fast track this, the same party facing the more or less the same dispute as MDC Alliance are now crying ‘foul’ and they are trying to hide behind a finger of ‘immunity’ for the president.
This is not about President Mnangagwa but about zanu PF party which did not follow the party constitution. President Mnangagwa is not a party per se but a member of Zanu PF and is only a respondent to the Court application and he is not the one who violated the party constitution but those who appointed him unconstitutionally.
Please do not change goal posts because the party and its wide membership are on record that they follow the constitution, therefore, they should argue in Court to convince the Court that they always follow both the national and party constitution. Period.
The coup was not even condemned by the AU , SADC et al. Just proves who is sleeping together. It would be interesting to see what happens in Ethiopia when the elected leader is overthrown.
COMMENTS
This is very interesting, not so long ago Zanu PF as a party and as individuals went to town when the the MDCAlliance dispute was brought before the Courts emphasising ‘constitutionalism ‘ even though they said they were not interested parties. Fast track this, the same party facing the more or less the same dispute as MDC Alliance are now crying ‘foul’ and they are trying to hide behind a finger of ‘immunity’ for the president.
This is not about President Mnangagwa but about zanu PF party which did not follow the party constitution. President Mnangagwa is not a party per se but a member of Zanu PF and is only a respondent to the Court application and he is not the one who violated the party constitution but those who appointed him unconstitutionally.
Please do not change goal posts because the party and its wide membership are on record that they follow the constitution, therefore, they should argue in Court to convince the Court that they always follow both the national and party constitution. Period.
The coup was not even condemned by the AU , SADC et al. Just proves who is sleeping together. It would be interesting to see what happens in Ethiopia when the elected leader is overthrown.
However much he may try to pretend otherwise, Mnangagwa took power through the barrel of a gun. Only his natural death or another gun will depose him.
ED must face the International Criminal Court to answer for his part in the 1980’s genocide.