A ZANU PF youth challenging President Emmerson Mnangagwa’s legitimacy, Sybeth Musengezi claims that files relating to the matter have gone missing at the High Court.
In a letter addressed to his lawyer Nqobani Sithole of
Ncube Attorneys dated August 3, Musengezi informed him that he had failed to
access some documents related to the
case at the High Court, which he said was now regarded as a “security
sensitive” case.
Musengezi is challenging Mnangagwa’s legitimacy and his
ascendancy to the post of Zanu PF party president and first secretary.
His latest letter partly read: “I am deeply disappointed
with the progress of HC5687/21 and starting to doubt the integrity of the
Harare High Court to deal with this matter. After our meeting last week, I had
to personally enquire with the High Court kiosk where I downloaded soft copy
files for HC5687/21, HC469/22 and HC4129/22. After perusing, I noticed that
there is a notice set down on the unopposed roll in HC5687/21 filed by Dube,
Manikai and Hwacha who are representing Zanu PF, ED (Emmerson Dambudzo)
Mnangagwa and four others dated January 26, 2022, but stamped by the Registrar
of the High Court on June 29, 2022. This document appears to have been sneaked
into the court record.”
Musengezi also alleged that lawyers who are representing
Godson Nguni of the Federation of Non-Governmental Organisations Trust in an
application related to the matter may have misled the court in their notice of
opposition by claiming that they had served him with some court documents.
He said the lawyers identified as TK Hove claimed that they
served him with a notice of set down and heads of argument and a consolidated
index on May 10, 2022 through lawyers from Mbidzo, Muchadehama and Makoni.
He said the Mbidzo, Muchadehama and Makoni lawyers did not
have the documents, adding that they were also not at the High Court kiosk, nor
was there a soft copy of the said documents.
“Upon noticing the anomalies I checked with the civil
registry for the hard copies, but was referred
to the Registrar’s Office after a
lady named Diza had called the registry supervisor, one Makwata who informed
her that the file was of a ‘security
nature’ and they cannot handle it,” Musengezi said.
“The Registrar’s Office referred me back to the civil
registry to see one Tigere, who said even if I am the applicant in the matter,
I cannot access the file, (and) I need to be represented because of the sensitivity
of the matter.”
Musengezi said Nguni’s lawyer also failed to furnish him
with the documents.
Contacted for comment Musengezi’s lawyer Sithole said:
“There are certain documents that are said to have been served to us, but they
are not at the courts. We are trying to get those documents from wherever they
are. We are pushing to have the matter finalised.”
Nguni denied allegations that his lawyers were smuggling
documents to the courts to quash the case.
“I know nothing about the issue,” Nguni said, and referred
NewsDay to his lawyer, TK Hove, who was not reachable on his mobile yesterday.
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