ED court papers vanish

A BID by three human rights and opposition activists to challenge President Emmerson Mnangagwa’s right to hold office has reportedly hit a brickwall after their Constitutional Court application was clandestinely withdrawn by suspected State security agents ahead of the case’s hearing this month.

BY EVERSON MUSHAVA

MDC-T activist Linda Masarira and two others, Bongani Nyathi and Vusimuzi Sibanda, had approached the High Court on March 1 this year challenging Mnangagwa’s ascendancy, claiming he assumed power illegally after pushing out former President Robert Mugabe through a coup last November.

The activists argued that Mnangagwa’s leadership was illegitimate, as he was catapulted to power following a coup.

The matter had been set for hearing before Chief Justice Luke Malaba on May 24.

Mnangagwa took over power last November after a military-backed operation that former President Robert Mugabe has since described as a coup, despite Justice George Chiweshe ruling that it was constitutional.

Masarira, who is now spokesperson for Thokozani Khupe’s breakaway faction of the MDC-T, yesterday said she discovered that her application was missing after she went to court to enquire on requirements for filing heads of arguments.

She claimed she was advised on May 10 that the matter would be heard in Justice Malaba’s chambers.

The three are self-represented after their lawyers allegedly declined to take up the matter for “security reasons”.

“Take notice that the above application will be heard before Malaba CJ in chambers on Thursday, May 24, 2018 at 11am or so soon thereafter as counsel may be heard,” part of the notice of hearing read.

The three were given up to May 18 at 4pm to submit their heads of arguments.

But Masarira said: “You know, I don’t now have lawyers. I went there today (yesterday) to enquire (sic) the court processes for us to file some heads of argument.
“I was shocked when I was told by court officials why I was doing so when we had withdrawn the matter. I told them we did not withdraw the matter and they showed me a letter of withdrawal purported to have been written by the three of us.”

She insisted that she did not withdraw the case, adding her co-applicants could not have done so either because they are both based in neighbouring South Africa and have never been back home since March 1.

Masarira claimed that court officials refused to give her a copy of her purported withdrawal affidavit, which had forged signatures.

“They told us that they could not give us a copy of our own withdrawal, arguing that we had it. There were three signatures despite that my co-applicants have not been in the country and I, personally, did not withdraw the matter,” she said.

Masarira said she was going to challenge the “deceit by the courts”.

“This is the highest court on the land and we experience such a thing? It’s terrible and we are going to challenge it,” she said.

“This is really shocking indeed and the judiciary should be answerable to this. We will not allow anyone to manipulate legal processes before the courts by forging signatures and filing papers without our consent.”

Judicial Services Commission acting secretary Walter Chikwana last night declined to comment on the matter before seeing the court record.

16 Comments

  1. Luke Munya Mabika

    And do we expect to have justice from the highest courts on the land even if Mnangagwa rigs the pending elections?These zanu pf people have no shame at all.Forcing yourself on people is just not on.It worse than raping because you would have caused so much suffering of so many people and some may even die along the way ,some are abducted,some are left with no bread winners and so on.It boggles the mind to see a full grown grandpa faking a smile to people that he really knows they don’t want him to be their leader.What matters to these zanu pf charlatans is “KUTONGA,VACHITONGA ,VACHINGOTONGA” and damn the people’s suffering.Its quite painful that there are some people who are actually propping up this evil regime hoping to keep on causing untold suffering to the people of Zimbabwe.If the highest courts can do such a stupid thing to forge signatures of people who are not even in Zimbabwe then they can do worse and unimaginable things.

  2. now zanu will not win because it has people’s support but it has put government structures which make it impossible for people to be given a free flow. this does not need chamisa. it needs GOD

  3. ED Mnangagwa has been signing useless treaties of useless business promises with the so called Chenese government and this has been an ongoing day and night dreaming for these unthinkable Zanu PF idiots and even during and after Mugabe’s useless reign.But what achievements have they done ?Totally nothing. Zimbabweans,we can not be kept held back by these selfishness and murderous gangsters hoping that their keeping in power will help us, No. They have totally proved to Zimbabweans for 38 years that they have nothing good to offer to the people.Let us free ourselves from these satanic versions as we have successfully done during the Rhodesian era.

  4. My commitment to the ED has my vote mantra is fast growing weaker and weaker by the day. It looks like he is and has been a professional pretender all this while. With all this happening now, it clearly shows he is likely to fall back to his default setting of self serving and being partisan in the discharge of his duties.

  5. Zviripaground

    Isu hedu hatina basa nazvo zvese izvozvoo saka imwi maida kuramba muchitongwa na vamugabe here? Chatisingadi mapurisa odakudzoka mumigwagwa awa, tsawona dzichawanda vanhu vodriver vakatsammwa nendava yekutorerwa mari zvese nekunonotswa namatsotsi awa. Tizivisei mablock ari official acho kwete okungoti wachona mubhawa wotoinda kumigwagwa. Kana muchida kukonana nevanhu zviri paground dzosai mapurisa muroad, zveku court chambers izvo hazvinabasa

  6. Linda Masarira is lying and clearly desperate for attention and she knows it!!

  7. Linda you should be reasonable. Isu zvaMugabe naGire hatichadi. Haasiye here mugabe wakakuisa mujere uyu wawaakuda kuti adzoke panyanga.Ngwena handiti ndiyo yakati ubude mujeri umu? Anything Bob we do not want to hear.

  8. Linda even if I support MDC-T and not the Mickey mouse faction you have, this is a lost cause… You are trying to be relevant too much but no one seems to be paying attention to your lost cause…

  9. She is notr being irrevelevant because its he democratic right to go to theo courts, even to join a faction she wants. She never said Mugabe should come back but questioning the constitutionality of how one ED Tichingotonga came to power. The record should be set straight so that this bad precedent should never happen again.

    1. kabius kekedu

      Wakapusa zvakaipa iwe unonzi Maonazvangu.Dununu zvaro. Read and understand the law of your country before you support sheer idiocy personified by Linda. Unonyadzisa kudarika Linda wacho.

  10. Poor Linda and crew must read and understand the Constitution carefully. Mugabe was recalled by his own Party and he tendered his resignation facing an impeachment. They went to Congress and chose Mnangagwa, so where is the illegality in that? Stop wasting time seeking useless attention and focus on your campaign trail for Elections due in two months’ time.

  11. My question is why has the papers disappeared or why was she told?? that the case was withdrawn whilst they did not withdraw the case. If it is true why lawyers declined to represent them? To me this is not about attention she is seeking unless otherwise the responsible people respond to my questions.

  12. kabius kekedu

    Kuzama noto. Definitely seeking attention. Zvimbwa zvevanhu. There is no illegality what so ever.

  13. Vanhuvmusadaro ED is trying to rise this country

  14. If there is no issue surrounding his legitimacy why refuse to those who think otherwise to seek clarity through court process. We all have castigated them for filling the papers in the first place as it was public opinion that their case will be dismissed due to lack of merit. Now what ED has done is to invite that scrutiny that was not there before. We now want to know what he is afraid of. It is these tendencies dzechijunda that I for one will not tolerate in a democracy.

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