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OPINION| Musengezi has a very strong case against Mnangagwa

I have gone through the current constitution of Zanu PF its clear Musengezi has very strong case against the current Zanu leadership and ED might be in trouble. ED focused more on grabbing power but he failed to legalize his power grab, his lawyers failed him, they could not think beyond the coup, they even failed to remember that the 2017 congress was an extra ordinary congress convened by Mugabe and the congress was due in December 2019, they forgot to convene the congress making ED an illegal presidentWhat is clear from the constitution is that the 2017 central committee meeting that removed Mugabe as the president and replaced him with ED was illegal and unconstitutional, as it stands its null and void. As per constitution of Zanu the president, vice president or the national chairman are the only people empowered to convene the central committee meeting. Both Mphoko and ED were outside the country at the time but Mugabe was in the country, he never convened such a meeting. I do not know whether ED was also fired as Zanu VP by Mugabe or he was only removed as the countrys VPThe constitution of Zanu has no provision for the removal of the president, they were supposed to amend the constitution to provide for the process of removing the president first, so as it stands the removal of Mugabe as the president of Zanu is null and void as it is un constitutional. Both at common law and as per the constitution of Zanu the removal of Mugabe was illegal, Mugabe was supposed to go through a disciplinary process, where he was supposed to be given a chance to defend himself, if found guilty then a verdict was supposed to be issued that may include recommending his removal as the president, only the disciplinary committee had the legal standing to deal with Mugabe since constitution of Zanu, has no provision for the removal of president. Its unfortunate that the Musengezi case is dealing with issues at party level, ED's ascendancy at government level was illigal and unconstitutional. A recall by a political party has no loci standi at government level, a person can ignore the recall if they so wish and face paliamentary impeachment process, after a recall the person need to resign. Mphoko was removed through the recall process but he did not resign but he was pushed, but we still do not know how he was removed as the VP of the countryCoup or no coup the constitution of both Zanu and state was violated monumentally and someone has to account for that, when convening the central committee that recalled Mugabe someone illegal grabbed power from Mugabe, as the president and the only one available in Harare he was the only person who can convene such a meeting but it was done behind his back, making it illegal and unconstitutional

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ED Mphoko Musengezi Zanu Zanu PF

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