Syberth Musengezi the man who took President Emmerson Dambudzo Mnangagwa to court challenging his ascendancy to power following a military coup in 2017 says Zimbabweans should not expect anything from the Southern African Development Community (SADC) following the just ended disputed polls.
“Why are Zimbabweans so gullible to believe lies that there’s help coming from SADC?
“SADC is not going to call for fresh elections or change anything that happened on 23 Aug.
“That one is a closed chapter and only us as Zimbabweans have the solutions but we’re sitting on our hands,” he says.
Musengezi also warned that it is nonsensical to think that Nelson Chamisa alone is capable of saving Zimbabwe from what he calls ‘these fools.’
He adds that Chamisa has already done much under the prevailing circumstances.
“It has to be a collective effort. If there’s no unity amongst ourselves, don’t be surprised by a Mnangagwa dynasty that’ll go beyond 2028,” he says.
Musengezi took Mnangagwa to court saying he is not the one who was supposed to succeed late former President Robert Mugabe after the coup.
However, lawyers representing President Mnangagwa said a sitting president cannot be taken to court as he is protected by the country constitution.
Responding to the case in which Musengezi, is seeking the removal of the president from the post of ZANU PF secretary, Mnangagwa’s lawyers argue that the president cannot be sued in his personal capacity.
The court papers, read in part, “I am advised that Section 98 of the Constitution of Zimbabwe 2013 provides for presidential immunity.
“It reads as follows: While in office, the President is not liable to civil or criminal proceedings in any court for things done or omitted to be done in his or her personal capacity; civil or criminal proceedings maybe installed against a former president for things done or omitted to be done or before he or she became president or while he or she was president…”
The lawyers claimed that as a result, the High Court “therefore has no jurisdiction to try the president for any cause against him in his personal capacity whilst he is still in office.
“The provision is part of our constitution which is the supreme (law) of the country and hence is authoritative on that point. The inescapable conclusion is that section (98) of the constitution creates presidential immunity.”
Mnangagwa’s lawyers also argued that Musengezi does not have any legal standing to bring the matter to court.
In the papers filed by Obert Mpofu, secretary for administration, acting on behalf of the president and all other respondents, the lawyers further argue that Musengezi took too long to bring the case beyond the prescription years.
The lawyers further claim that Musengezi is not a member of the ruling Zanu PF party.
Musengezi maintained that he is a member of the ruling party. He sent copies of his Zanu PF membership cards to VOA Zimbabwe Service.
Zwnews
