A Zanu PF youth member, who is challenging President Emmerson Mnangagwa’s ascendancy after the 2017 military coup, says he is receiving death threats amid a spirited campaign to cause the collapse of the intriguing High Court case.
Sybeth Musengezi caused a furore last year when he
approached the High Court challenging the way Mnangagwa was allowed by Zanu PF
to succeed the late Robert Mugabe as leader of the ruling party after the coup.
Musengezi was recently summoned by the police “for an
interview” over an unspecified matter.
On Friday he told The Standard that he had been receiving
death threats, but quickly pointed out that he would not be intimidated to drop
his court challenge or flee the country before the matter was heard.
Musengezi’s lawyer Nqobani Sithole said there was a
choreographed onslaught against his client to reveal his whereabouts, with
former Zimbabwe Anti-Corruption commissioner Goodson Nguni also filing papers
at the High Court recently demanding the same.
Nguni, who is the president of the Federation of
Non-Governmental Organisations, filed a joinder in the case on behalf of
Mnangagwa in January even though he was not cited in Musengezi’s court
application.
In an answering affidavit filed on March 16, Nguni claimed
that Musengezi had skipped the border and called on the courts to force him to
disclose his whereabouts.
“I submit that an inference should be drawn that the first
respondent is not even within the Republic of Zimbabwe, neither is he the one
attesting the affidavits considering that he is wanted by law enforcement.
“The one respondent is more visible on foreign media,”
Nguni submitted through his lawyers T K Hove.
Nguni cited Musengezi, Zanu PF, Mnangagwa, Zanu PF
secretary for administration Obert Mpofu, Zanu PF secretary for finance Patrick
Chinamasa, former vice-president Phelekezela Mphoko and former party secretary
for finance Ignatius Chombo as first to seventh respondents respectively.
“Again, the 1st respondent must prove his actual place of
residence as required by the 2nd respondent for membership,” he said. The 2nd
applicant is a member of good standing who pays subscriptions and has a known
address of service.
“The 1st respondent is wasting the courts time since his
address is non-existent and impossible to execute if costs are awarded against
him.”
But Musengezi’s lawyer said Nguni’s demands were unheard
of, and an attempt to intimidate and harm his client so that he skips the
borders and collapse the court challenge.
“It does not make any sense at all. The litigant shared his
address with his lawyer, and that is enough.
“Why would they want the address of the litigant, to do
what?,” Sithole asked yesterday.
“We are always in court for different cases, but we do not
get asked such.
“We are left guessing that this is an attempt to scare him
to flee the country.
“What do they want at his residence?
“Why the sudden interest in his address before the matter
goes to court. If they get the address, then what?”
Musengezi added: “I have received countless threats on
normal calls, WhatsApp, Facebook and Twitter.
“I won’t be intimidated to leave the country. Zimbabwe is
my home and if I’m to die I’ll die in my motherland.
“They have tried all tricks, including threatening me with
arrest, but I am not moved by any of that.”
Musengezi is challenging the constitutionality of processes
that saw Mnangagwa assuming the leadership of the ruling party and country’s
presidency after the coup.
In opposing papers, the Zanu PF secretary for
administration Obert Mpofu said the High
Court had no jurisdiction to hear the case, adding that Mnangagwa enjoyed
presidential immunity.
Musengezi cited Zanu PF, Mnangagwa, Mpofu, Chinamsa, Mphoko
and Chombo as the first to fifth respondents respectively in his application.
Zanu PF is also claiming that the politician is being
sponsored by exiled former minister Saviour Kasukuwere who has declared an
interest to challenge Mnangagwa in next year’s elections. Standard
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