The five identified as Wirimayi Chimubvumo, Tererai Muteve, Bekezeli Ndlovu, David Samapenda and Abraham Mwadzura argue that "section 64 of the MDC constitution provides that in the event of the death or resignation of the president the deputy president assume the role of acting president pending the holding of an extra-ordinary congress that shall be held not later than a year to elect a new leader."
Chamisa, party secretary general Douglas Mwonzora, deputy president Morgen Komichi are among respondents cited by the applicants.
The challenge comes despite Chamisa having called for a congress at the end of May. The opposition leader came to power following the death of founding party president Morgan Tsvangirai last February. Instead of calling for an elective congress Chamisa rail-roaded the party's national council to endorse him as substantive president.
This allowed Chamisa to finish Tsvangirai's term that was due to expire around October this year.