Mnangagwa and Zanu PF recently threatened to sue
Musengezi’s lawyers demanding withdrawal of the court challenge.
Musengezi’s lawyers have accused Mnangagwa and Zanu PF’s
lawyers of using bullying tactics and reported them to the Law Society of
Zimbabwe.
The Zanu PF activist is seeking a court order declaring
null and void a November 19, 2017 Zanu PF central committee meeting that
elected Mnangagwa as party leader after the late Robert Mugabe’s dismissal.
In an opposing affidavit, Zanu PF secretary for
administration Obert Mpofu argued that Mnangagwa enjoyed presidential immunity.
He also dismissed Musengezi as a bogus Zanu PF member.
In his answering affidavit, Musengezi stuck to his guns.
“I believe with respect that the opposition is without
merit and ought to be dismissed with attendant costs on a higher scale,”
Musengezi said in his answering affidavit filed through his lawyers Ncube
Attorneys.
Musengezi cited Zanu PF, Mnangagwa, Mpofu, acting finance
secretary Patrick Chinamasa, former Vice-President Phelekezela Mphoko and
ex-Zanu PF finance secretary Ignatius Chombo as the first to fifth respondents
respectively in his application.
“Applicant clearly has sued the second respondent in his
official capacity as the President and first secretary of the first respondent.
To suggest that the applicant is thereby suing the office of the President is
self-servingly misleading.
That the two offices, that is, that of the President of the
Republic of Zimbabwe and that of the President and first secretary of the
respondent are held by one individual does not bar a suit against the said
individual office bearer in his suitable capacity as President and 1st
secretary of his voluntary association.” Newsday
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