Concept Note
The High Court Application filed by a Zanu PF youth, Sybeth Musengezi, challenging Emmerson Mnangagwa’s assumption of the leadership of Zanu PF on 19
November 2017, as the party’s President and First Secretary, has far-reaching implications not only on succession politics in Zanu PF but also, and more im-
portantly, on the state of the judiciary in Zimbabwe and its independence with respect to the rule of law, What is particularly significant is that the facts of the
Application are materially similar to the MDC-A case decided by the High Court and upheld by the Supreme, thereby setting a binding precedent for the lower
courts. For these reasons, it is important that relevant decision makers and stakeholders within Zimbabwe, its neighbors in SADC, the AU, as well as interna-
tional bilateral and multilateral partners should take full notice of the Application and track it to its final consequences.
This dialogue seeks to do the following:
1.Highlight Musengezi’s High Court Application, the Declaratur he is seeking and the implications thereof.
2 Unpack the similar facts between the Musengezi Application and the MDC-A case.
3.Highlight the importance of the doctrine of “stare decisis” (the legal principle of deciding cases according to precedence) and unpacking the implications of
the MDCA case on the Musengezi application.
4.Highlight the application of the principle of equality before the law and the application of that principle to Musengezi’s Application
5.Unpack the implication of Musengezi’s Application on Zimbabwe’s standing as a constitutional democracy and on its regional, continental, and international
obligations under international law.
6.Unpack the implications of the case on the conduct of political parties in Zimbabwe and the importance of their constitutions in the context of the national
Constitution.
7. Assess the implications of Musengezi’s Application on the 2023 general election.
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