The High Court has set 21 September 2022 as the for hearing the case in which Sybeth Musengezi is challenging President Emmerson Mnangagwa’s rise to power in 2017.
Musengezi argues that Mnangagwa unlawfully attained the presidency of the ruling ZANU PF, therefore, is illegitimate.
He has previously expressed frustration that the High Court was delaying hearing his case citing political interference by the ruling party.
However, he has confirmed that the Court agreed to have the matter heard before High Court Judge President Justice Mary Dube on 21 September when they met at the High Court on Monday.
In an update on another case in which he sought to stop the ZANU PF congress set for October this year, Musengezi said:
Thanks to this urgent chamber application that sought (to) stop the ZANU PF congress pending finalization of the legitimacy matter. Now our Mnangagwa legitimacy matter is set down for the 21st of September for hearing before HC Judge President Justice Mary Dube. We pray for justice!
In the latest case, Musengezi is seeking an order prohibiting Mnangagwa, Obert Mpofu and Patrick Chinamasa from convening and or holding the ZANU PF’s elective conference, also known as the National People’s Congress.
He also wants the court to bar them from making a public announcement in respect of the date of convening the congress saying they are in their offices unlawfully.
Mnangagwa’s legitimacy Case:
Mnangagwa became the president of the ruling ZANU PF in November 2017 when then president Robert Mugabe “resigned” in a move described by some as a coup.
Mugabe had expelled Mnangagwa who was his deputy citing insubordination.
Critics say Phelekezela Mphoko, who was also a Vice President, should have taken over as the president of both the party and government.
Some observers say Musengezi is being sent by Vice President Constantino Chiwenga who is said to be harbouring ambitions to dislodge his boss from power.
If Mnangagwa is declared illegitimate, he cannot convene the ZANU PF congress and cannot get a new mandate from the party.
This is happening as Zimbabwe is heading toward the 2023 elections.