Bulawayo-based activist Mbuso Fuzwayo has expressed uncertainty about his next move after the Constitutional Court refused to grant his application to withdraw his challenge against a controversial resolution by Zanu PF to extend President Emmerson Mnangagwa’s tenure.
Fuzwayo, who is also the Ibhetshu LikaZulu secretary general, filed a ConCourt application challenging the ruling party’s resolution to extend Mnangagwa’s tenure when it constitutionally expires in 2028, to 2030.
He was represented by lawyers Nqobani Sithole of Sithole Law Chambers and Advocate Method Ndlovu of Apex Legal Group of Advocates.
However, the ConCourt challenge sparked controversy after reports emerged linking exiled minister Jonathan Moyo as the brains behind the case.
Fuzwayo’s lawyer, Ndlovu, later renounced his services, citing a breakdown in trust, reputational risk because of Moyo’s alleged involvement, and a lack of payment.
Moyo is allegedly also heavily involved in the controversial Constitution Amendment Bill No. 3, which proposes sweeping amendments to the constitution.
The bill seeks to extend presidential and legislative terms from five to seven years and would bar general votes by allowing the legislature to elect the presidential candidate, among other sweeping changes to the constitution.
As matters boiled over, Fuzwayo said he had withdrawn his ConCourt challenge, stating he was being unfairly harassed and accused of being a stooge.
The ConCourt is said to have rejected Fuzwayo’s withdrawal of his court challenge.
Some lawyers said once a matter is before the ConCourt, the court may deny a withdrawal if it strongly believes a judgment is necessary for legal certainty or if the case has already proceeded too far.
In an interview with Standard People, Fuzwayo said the ConCourt decision has left him "without a clear way forward," even as he maintained his stance against the 2030 agenda.
Fuzwayo insisted he harboured no regrets about his actions, despite the legal setback and the intense public scrutiny surrounding his case.
"I don't regret anything; even my pullout, even going to court, I don't regret it because, genuinely, I believed that 2030 must be fought," he said. "I have won and lost some cases... what I know is I am happy because I went there, not the popular narrative they are saying that we are fronting Jonathan Moyo".
Fuzwayo’s legal battle, initially aimed at interdicting Justice minister Ziyambi Ziyambi from instituting legal processes to amend the constitution, became the subject of widespread speculation and criticism.
The activist pushed back against the narrative that his case was a front for the exiled former minister, vehemently denying any connection.
"I have never interacted with Jonathan Moyo, and he has never interacted with me," Fuzwayo said.
"Even today they talk about the monies being paid... but none can say Fuzwayo received money on this particular day, either in cash or through the bank.
"That's why I am happy, because everything which they liked to blackmail us with, you can't attach to it".
"We don't have a clear way forward". "We are in support of those who are clear on what they are doing regarding court applications". "We are in support of those who are saying, 'let's do other activities.".
"All that we are clear about is that 2030 must be fought". Fuzwayo added that there was hypocrisy among those who had previously attacked him.
He questioned the logic of his critics who had labelled the courts "captured" by Zanu PF, yet have also turned to the same judicial system to challenge plans to amend the constitution.
He was referring to former opposition legislator Prince Dubeko Sibanda, who last week approached the ConCourt seeking to block parliament from processing two clauses in the Constitutional Amendment Bill.
His application targeted Clause 4(b), which relates to the presidential term, and Clause 9(b), which concerns the duration of parliament. In his founding affidavit, Sibanda argued that the wording of the bill amounts to an attempt to override the constitution.
"These guys were discrediting us, saying we are working for Zanu, but then they also did the same thing; so that's why it's important we see the difference,” Fuzwayo said.
Contacted for comment, Sibanda dismissed claims that he required financial backing to pursue the legal action.
“Does it make any sense that a lawyer whose livelihood is based on drafting papers would need funding to approach a court?” he asked.
“I spend my days in court; last week I had two murder cases at the High Court in Bulawayo, which I handled for free. I defended the accused persons at no cost and got results”.
“If I can do free cases for other people, why can’t I do a case for free for myself? Why can’t another lawyer who agrees with me file papers on my behalf?”