Musengezi says he has been denied access to the same documents raising fears of underhand dealings to collapse his case.
Musengezi filed a High Court application challenging the constitutionally of a 2017 central committee meeting that resulted in the late President Robert Mugabe stepping down, and Mnangagwa taking over.
Last week, he wrote to his lawyer Nqobani Sithole expressing concerns over the way some documents were being smuggled into the court record.
“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,” Musengezi wrote.
“I had to personally enquire with the High Court kiosk where I downloaded soft copy files for HC 5687/21, HC469/22 and HC4129/22. After perusing I noticed that there is a notice of set down on the unopposed roll in HC5687/21 filed by Dube, Manikai and Hwacha who are representing Zanu PF, ED Mnangagwa and four other 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.”
He added: “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 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 but I need to be represented because of the sensitivity of the matter.”
Sithole confirmed the development when contacted for comment.
Zanu PF has said Mnangagwa enjoys presidential immunity. The ruling party has also said Musengezi cannot challenge Mnangagwa’s legitimacy since he was a ‘bogus’ party member.