The Pros & Cons of the Sybeth Musengezi challenge.

The Pros & Cons of the Sybeth Musengezi challenge is an issue that is being debated in closed loops because generally the problem statement is not fully articulated beyond the confines of the political straitjacket called ZANU-PF.

What happened in court was self-inflicted because the reaction to the joinder judgment was not only capricious but exposed a systemic trophy hunting attitude of many litigants even when no prejudice to the application whose merits are independent of the number of participants?

Nguni’s political affiliations are known and so is Musengezi to allow anyone to seek to deny the inclusion of any value add to the question that the court is enjoined to determine.

This question simply put accordingly to Musengezi is whether Mnangagwa’s ascendancy using the purported bridge of the Central Committee was in accordance with the party’s constitution.

The joinder application has inadvertently enlarged the circumference of the dispute to allow even juristic entities to be afforded locus.

Instead of withdrawing the appeal to allow for speedy resolution of the dispute using the 2013 Constitution as the standard to test conduct for its consistency with the principle that the constitution of the country is the supreme law and no negotiation exists or extra-constitutional mechanism should be given life to, it would appear that by closing this door, Sybeth is asserting that he has locus in the post-coup ZANU-PF.

Mugabe expressed himself eloquently of the legality and constitutionality of the ascendancy and the manner in which he was played even by Father Mukonori.

He was intimidated to resign and contrary to the provisions of the ZANU-PF constitution, the High Court ruled that Mnangagwa’s dismissal was invalid notwithstanding the fact that the impeachment weapon was not available without alienating Mugabe from the power to veto any meeting to unseat him without his involvement.

History does not lie. Below are some of the observations made in one of the WhatsApp groups.

[10/4, 2:50 PM] POL00100: Are we really pinning our hopes on this?

[10/4, 2:55 PM] POL00101: We cannot really pin our hopes on that becoz we are not in control of that thing as it’s their own internal thing but neither can we completely ignore what is happening as how the story develops and settled leaves a judiciary footprint with regards to judiciary independence, rule of law and constitutionalism

[10/4, 3:00 PM] POL00100: Ok l see. But currently do we not have enough foot print evidence of non independence of judiciary in Zim? And absence of rule of law etc or selective applications of law?

[10/4, 3:06 PM] POL00101: The judiciary set a precedence in the Mashavave vs MDC case that nullified Nero’s Presidency of MDC hence it will be very interesting how the judiciary handles this Sybeth Musengezi case as the two are very similar.

[10/4, 3:07 PM] POL00101: We don’t have evidence of a similar case with a set legal precedent

[10/4, 3:11 PM] POL00102: 💯✅

[10/4, 3:38 PM] POL00102: From a scientific point of view, I can also argue that the 0.01% is coming from the calibration error of the process. Humans are never 💯% in their calculations. It’s always to the nearest that.

[10/4, 3:39 PM] POL00103: Indeed given how the MDCT case was handled by the same judiciary.

[10/4, 3:41 PM] POL00103: Ya ED and ZANU is quite clear, agreed

[10/4, 4:19 PM] POL00104: Ini I actually want the Sybeth case to fall flat. That way whoever perched the tortoise on a lamp post will make a more obvious move. Apa vachirikuita zvekuhwandirana. Zvecourt zvikaramba as appears to be the case, they will make more obvious manoeuvres.  Game of thrones, I want to think. Let the games begin.

[10/4, 4:22 PM] POL00101: Ini ndinoti they must follow judicial precedence as the Mashavave vs MDC case can now be cited as a legal authority