ZANU PF activist Sybeth Musengezi has filed a Supreme Court application protesting a High Court decision enjoining Goodson Nguni in court proceedings in a case he is challenging President Emmerson Mnanagwa’s legitimacy.
Nguni, through his organisation Federation of Non-Governmental Organisations Trust, was allowed to join proceedings after arguing he was an interested party.Musengezi, however, said Judge President Justice Mary Zimba-Dube erred in reaching that decision.
“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 a quo (lower court) 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),” Musengezi submitted.
Musengezi said nothing was placed before the courts to support Nguni’s interests, and wants the ruling set aside and dismissed.
In October last year, Musengezi dragged Mnangagwa to court challenging 2017 Zanu PF central committee proceedings that saw Mnangagwa taking over the party presidency.
Musengezi cited Zanu PF, party secretary for administration Obert Mpofu, finance secretary Patrick Chinamsa, former Vice-President Phelekezela Mphoko and former party secretary for administration Ignatius Chombo as respondents.