The beleaguered former Zanu PF Secretary for Administration Didymus Mutasa and former spokesperson Rugare Gumbo have filed a High Court application challenging the constitutional amendments adopted by Zanu PF during the 6th National People’s Congress in December 2014.
The two believe the congress held between the 2nd and 7th of the December last year was not held in accordance with the constitution of Zanu PF.
Mutasa and Gumbo believe the constitutional amendments were adopted in a manner that was inconsistent with the Zanu PF constitution.
The applicants cited Zanu (PF) as the first respondent, President Robert Mugabe as the second respondent while Simon Khaya Moyo is the third respondent.
The two through their lawyers Nyakutombwa and Mugabe Legal Practioners are of the opinion that any appointments made in relation to the adopted constitution are illegal and ultra vires the Zanu (PF) constitution.
Mutasa and Gumbo,argue that the lawful constitution must be the one which was adopted in 2005 saying all the votes of no confidence effected against individuals and structures between October and December 2014 were inconsistency with the party’s constitution and breach Section 68 of the constitution of Zimbabwe.
They are praying that the court declares that the lawful structures be those which were in place as at 30th of September 2014.
Mutasa and Gumbo believe the denial, refusal and removal of certain individuals from the central committee were in breach of Section 67 of the constitution of Zimbabwe.
They also claimed the failure by Zanu (PF) to hold elections for the post of vice president, second secretaries and the national chairperson was unlawful.