ED Legitimacy: High Court Removes Sybeth Musengezi's Case From The Roll
The High Court Monday removed from the roll Sybeth Musengezi‘s application in which he is challenging President Emmerson Mnangagwa’s legitimacy as leader of the ruling ZANU PF party.
This was done to allow the Supreme Court to deal with an appeal filed by Musengezi challenging the joining of a fellow party activist, Goodson Nguni on behalf of the ruling party, in the proceedings. High Court judge president Justice Mary Zimba Dube said it would not make sense to proceed with the trial when the appeal has not been heard.
Musengezi, however, said this was unfair as he wants the matter brought to finality, NewZimbabwe reported. He said:
The judge president said she is removing the matter from the roll pending the Supreme Court appeal that we launched last week against the joining of Nguni and his organisation. So, she can only give us a set-down date once we have an outcome from the supreme court.
We launched the appeal last week so we are expecting to hear from the Supreme Court any time from now because we appealed on an urgent basis.
Personally, I don’t think it is a fair decision but when I tried to ask she said this is the only way to go because we cannot still have the matter on the roll when we have a pending appeal at the High Court.
Musengezi approached the High Court last year claiming that Mnangagwa’s ascendancy to power in November 2017 was unconstitutional hence the need to invalidate it.
He later filed another application seeking to bar Mnangagwa from calling and or presiding over a ZANU PF Congress scheduled for this October saying he is illegitimate and hence has no right to preside over party events.
