In his application filed through his lawyer, Nqobani Sithole of Ncube Attorneys, Musengezi said Mnangagwa and other respondents had no legal authority to call a congress when there is a pending court case challenging the President’s legitimacy.
“Applicant contends that the second, third and fourth respondents are illegal in their standing in the first respondents leadership structure,” Musengezi submitted in court papers filed today.
He listed ZanuPF, Mnangagwa, the party’s Secretary for Administration Obert Mpofu, Secretary for Finance Patrick Chinamasa, Zimbabwe Newspapers and Herald Editor Hatred Zingeni as the first to sixth respondents respectively.
The ruling party plans to hold its 7th Congress from the 26th to 29th October at the Robert Mugabe Square in Harare.
“Second, third and fourth respondents will succeed in calling and constituting the first
Respondent’s National People’s Congress, an elective gathering of the first Respondent when the second, third and fourth Respondents are not in good standing at law.
“Thus first, second, third and fourth Respondents intend to continue to perpetuate illegalities and
it is imperative that the continued perpetuation of such illegalities by the Respondents be brought to a halt, pending the resolution of case number HC 5687/21.”
Musengezi first 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.