Musengezi matter: Fools’ paradise

LAWYER and constitutional expert Alex Magaisa says section 98(1) does not apply in the matter between Zanu PF activist Sybeth Musengezi and President Emmerson Mnangagwa, where the former is challenging the latter’s ascendancy to power following a November 2017 military coup. Magaisa is very wrong.

Section 98(1) says, “while in office, the President is not liable to civil or criminal proceedings in any court for things done or omitted to be done in his or her personal capacity”.

May Magaisa and everyone who follows him point out a section that says a President can, however, be sued under these circumstances. Fact is there is no such provision in the Constitution.

The President cannot be sued in any court of law period.

Even if a President could be sued, this matter was long dealt with by the same court that Musengezi has approached.

Soon after the removal of the late former President Robert Mugabe and all those that surrounded him, one E Rera Sibanda approached the High Court to have the processes that led to their removal declared legal.

The High Court ruled in Rera’s favour. If Musengezi then felt Mugabe and his followers should have led the processes of removing themselves from power, he should have applied for a joinder or appealed against the High Court order then.

Fact is the High Court has no legal standing to hear this matter.

On that technicality alone, the matter will be dismissed. Mnangagwa is here to stay.

His works have proved that he is a capable leader and already has 2023 in his pocket, hence these moves to try and remove him before then. Unfortunately, with lawyers like Magaisa, it will remain wishful thinking.

O Gutu