Kasukuwere last month successfully filed his nomination
papers to contest against President Emmerson Mnangagwa and 10 other
presidential candidates, including Citizens Coalition for Change (CCC) leader
Nelson Chamisa.
A Zanu PF member Lovedale Mangwana has, however, launched a court challenge seeking to
have the former ruling party commissar’s
candidature rejected because he has been out of the country for more than 18
months.
According to Mangwana, Kasukuwere has to be disqualified
from running for presidency in line with the constitution and electoral laws.
While arguing in chambers before High Court judge Justice
David Mangota, Mangwana's lawyer Lewis Uriri said if one ceases to be
ordinarily resident in Zimbabwe, they lose the right to qualify as a voter.
“An allegation has been made, he has been out of the
country for over 18 months and he does not deny that,” Uriri submitted.
“A passport holder is not necessarily a resident. The
question is: has he been in the country for 18 months?
“The issues that are before the court have been decided by
the Constitutional Court (Gabriel Shumba).
“The key jurisdictional fact has been made and disqualifies
him.”
Kasukuwere's lawyer Edith Utete said there was no proof that his client had
been out of the country during the mentioned period.
Utete also argued that Mangwana had no legal standing to
approach the High Court to say his rights had been infringed.
“He has a simple remedy and that is to not vote for him,”
Utete said.
“He can also de-campaign him. He has no injury.
“Let's assume that the court does not grant the order, will
he lose anything?
“The applicant does not have the locus standi to approach
the court.”
Utete added: “At law, he who alleges, must prove. The first
respondent (Kasukuwere) has not come to this court to seek a relief.
“It is the applicant who must seek relief.
“Mangwana bears the onus to prove every positive allegation
he makes.”
Utete said Mangwana should provide proof that Kasukuwere
had been out of the country for more than 18 months.
"I dare him to indicate otherwise. There is a positive
averment, which is made,” Utete said.
"The law submits that a voter can temporarily leave
his jurisdiction.
“Section 23 of the Electoral Act provides for the
residency' issue.
“No evidence has been provided to prove the evidence that
he has been absent for 18 months.”
Utete said the decision of the nomination court to accept
Kasukuwere’s bid cannot be faulted.
He said Kasukuwere's temporary absence on medical issues
will not make him a victim of section 23 of the Electoral Act.
Utete submitted that there was no law that removed the name
of the candidate from the list when it had already been gazetted. Standard
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