Lawyers representing Zanu PF member Sybeth Musengezi who has taken President Emmerson Mnangagwa to court, saying he is illegitimate have lambasted the President's attorney Edwin Manikai for "unethical" and "unprofessional" conduct, and reported him to the Law Society of Zimbabwe.
In a dramatic escalation of tensions, while acknowledging receipt of Manikai’s earlier letter on 11 November 2021 addressing Mnangagwa's legitimacy issue, Ncube Attorneys wrote in a letter dated 18 November 2021 complaining about Manikai's behaviour and "bullying tactics".
Manikai, who is representing Mnangagwa, is a senior partner at DMH. He chairs Mnangagwa’s moribund Presidential Advisory
Council, which has all but collapsed, amid governance dysfunctionality, as it proved inapt and inept beyond its PR function. Manikai is related to Mnangagwa.
The Bulawayo-based Ncube Attorneys are representing Musengezi. Their corresponding law firm in Harare is Mbidzo, Muchadehama & Makoni.
The Musengezi case was filed and will be heard in Harare.
The clash between Ncube Attorneys and Manikai will escalate the court battle, which seriously threatens Mnangagwa’s position if the judiciary acts in an impartial and professional manner. While it is not known how the courts will rule, judges face political pressure on this case.
After Manikai pressuring Ncube Attorneys to drop the case, warning them of serious consequences if they don't, Musengezi's counsel accused the President's lawyer of using improper, unscrupulous means to defend his client, saying his conduct is "unethical" and "unprofessional".
Musengezi's lawyers, Ncube Attorneys, boldly told off Manikai in this letter:
This follows Manikai's letter to them on 11 November 2021, which says:
Musengezi perosnally said on his Twitter:
This has escalated the fight to cutthroat levels even before the court hearing starts.
Legal experts have accused Manikai, a seasoned lawyer, of engaging is what they described as "litigation by correspondence", which is engaging in polemics and nasty exchanges without addressing the real core legal issues that the case is about.
UK-based Zimbabwean legal guru Dr Alex Magaisa said:
"I have noted requests for a comment regarding the letter to Sybeth Musengezi.
"It may not be appropriate to do so at this stage except to refer to the wisdom of the ancestors that when a blind man challenges you to a stone-throwing contest it is probably because he has his foot on a stone!"
Bulawayo-based lawyer Sindiso Mazibisa said Manikai was engaged in "litigation through correspondence", which he added is "laughable" in a serious case like this.
Magaisa added: "I am with Sindiso. The letter doesn’t reflect the high station of the lawyer whose name is attached to it. If it had come from a young, junior and inexperienced lawyer who has a limited appreciation of decorum I would look past it.
"It’s too emotional & threatening suggesting panic but also that there is foreknowledge of the outcome. I know Blah Edwin, he’s far too balanced for this type of communication. If he indeed penned this as the signature suggests then maybe on a better day he might reconsider it."

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