Emmerson Mnangagwa can be sued as he is not immune to court proceedings and has to respond to any lawsuit challenging his legitimacy as the Zanu PF leader, law expert Alex Magaisa said yesterday.
Mnangagwa is trying to dodge being arraigned before the courts after a Zanu PF party member, Sybeth Musengezi, challenged his ascendancy presidency when he had been fired in government by the late former President Robert Mugabe.
In an opposing affidavit to Musengezi’s High Court application last week, Mnangagwa’s lawyers argued that he was not liable to judicial proceedings in terms of section 98 of the national charter.
Constitutional law expert and political analyst Alex Magaisa yesterday said Mnangagwa did not have such immunity as the institution of “Presidency” was different from the party Zanu PF as an institution.
He said the issues cited by Mnangagwa that he was immune from prosecution were a “sideshow” that did not affect the fundamentals of the case.
Magaisa cited the 2018 High Court case of Elias Mashavira against the MDC-T, in which Nelson Chamisa was declared illegitimate leader of the opposition party, as having set precedence for Musengezi’s application.
“The case does not stand/fall on his (Mnangagwa’s) immunity. Musengezi sued Zanu PF, Mnangagwa and other party officers. Let’s assume for a moment that Mnangagwa’s immunity defence is valid, it doesn’t apply to Zanu PF and the other parties.