Sybeth Musengezi, the Zanu-PF youth challenging President Emmerson Mnangagwa’s ascendancy to power, is seeking a High Court order blocking attempts by former Zimbabwe Anti-Corruption commissioner Goodson Nguni to join the case.
Nguni, who is the president of the Federation of Non-Governmental Organisations, filed a joinder (the action of bringing parties together; union.) in the case on behalf of the President in January even though he was not cited in Musengezi’s court application.
In an answering affidavit filed on March 16, Nguni claimed that Musengezi had skipped the border and called on the courts to force him to disclose his whereabouts.
“I submit that an inference should be drawn that the first respondent is not even within the Republic of Zimbabwe, neither is he the one attesting the affidavits considering that he is wanted by law enforcement.
“The one respondent is more visible on foreign media,” Nguni submitted through his lawyer T K Hove.
He cited Musengezi, Zanu-PF, Mnangagwa, Zanu-PF secretary for administration Obert Mpofu, Zanu PF secretary for finance Patrick Chinamasa, former vice-president Phelekezela Mphoko and former party secretary for finance Ignatius Chombo as first to seventh respondents respectively.
“Again, the 1st respondent must prove his actual place of residence as required by the 2nd respondent for membership,” he said.
“The 1st respondent is wasting the courts time since his address is non-existent and impossible to execute if costs are awarded against him.”
But in the latest application through his lawyers of Ncube Attorneys, Musengezi argues that the application must be set aside for failing to set down their matter (HC 469/22) within a period of a month after filing their Answering Affidavits.
“TAKE NOTICE THAT the Applicant herein makes a Chamber Application in terms of Rule 59(16(b) of the High Court Rules, 2021, for Dismissal with costs on an attorney and client scale of a court application filed by the 1 and 2nd Respondents under cover of case number HC 469/22, for their joinder in case number HC 5687/21 on the grounds that 1 and 2nd Respondents filed their application for joinder (HC 469/22) on the 25 of January 2022,” Musengezi argues in court documents dated June 22.
“Applicant (as the 1st Respondent in the case aforecited) filed its Notice of Opposition and Opposing Affidavit in HC 469/22 on the 11th of February 2022 On the 16 of March 2022, the 1 and 2 Respondents filed their Answering Affidavit in HC 469/22
“In terms of Rule 58(16(b) of the High Court Rules, 2021, the Applicants, having so filed their Answering Affidavits in the matter on the 16 of March 2022 were required to move to set down their matter (HC 469/22) within a period of a month after so filing their Answering Affidavits
“To date, the 1 and 29 Respondents have not moved to set down their application (HC 469/22) for hearing, hence the Applicant’s present application
“FURTHER TAKE NOTICE THAT the Founding Affidavit of Sybeth Musengezi and accompanying documents shall be used in support of this application.”
Musengezi caused political havoc last year when he dragged Mnangagwa to the High Court challenging a November 19, 2017 Zanu-PF central committee meeting that elected him as the party leader following a military coup that ousted former leader Robert Mugabe.
