FORMER Zanu PF youth leader, Jim Kunaka, has approached the Constitutional Court, challenging a High Court decision barring exiled former minister, Saviour Kasukuwere, from running in the August 23 presidential election.
Kasukuwere’s candidature was accepted by the nomination
court on June 21,a month before it was revoked by High Court judge, Justice
David Mangota.
Mangota made the ruling after Zanu PF activist, Lovedale
Mangwana, approached the High Court challenging the former Local Government
minister’s candidacy.
Mangwana argued that the Zimbabwe Electoral Commission
(Zec) violated the Electoral Act by accepting Kasukuwere’s nomination papers
yet he had been out of the country for over 18 months.
The former Zanu PF commissar appealed the ruling at the Supreme Court. The Supreme Court on Friday, however, upheld Mangota’s ruling.
Kasukuwere, nicknamed Tyson, said they will challenge the
latest ruling.
In his application seeking access to the ConCourt, Kunaka
said Mangota’s ruling violated the constitutional right of voters to vote for
their preferred presidential candidate.
“I nominated Saviour Kasukuwere as a presidential
candidate. He was my candidate of choice,” Kunaka submitted.
“It is my respectful contention that the decision of the
court in question infringes on my right to choose a candidate of my choice to
participate freely in politics as protected by sections 58 and 67 of the
constitution of Zimbabwe.”
“The judgement of the court was a constitutional judgement
pursuant to an application made by the first respondent in terms of Section
85(1).
“I, therefore,seek direct access to this honourable court
to set aside the judgement in question on the basis that my constitutional
rights have been infringed.”
Kunaka said many Zimbabweans wanted to vote for Kasukuwere.
“There are millions of people who will vote in that
election, and there are thousands who will vote for Kasukuwere,” Kunaka said.
“The court’s judgement, infringed on my rights—the rights
of the thousands of Zimbabweans who will vote for him, the hundred or so
persons that nominated him as myself."
Kunaka said barring Kasukuwere from participating in the
elections will dent the credibility of electoral processes.
“It is, therefore, in the overwhelming interest of justice
that the judgement be set aside and that he be allowed to stand as a candidate
in the forthcoming election,” he submitted.
"Kasukuwere was not removed by the constituency
registrar from the voters roll as defined in Section 33 of the Electoral Act.”
He added: “That being the case, the court could not move to
act for and on behalf of the Zec in removing Kasukuwere when the nomination
court had sat.”
"A free and fair election requires that individuals
are allowed to choose their candidates and that those nominated to stand should
be able to stand.”
Kunaka cited Mangwana, Kasukuwere, Zec, Justice minister
Ziyambi Ziyambi, the Judicial Services Commission and Attorney General, Prince
Machaya, as respondents.
Lawyers who spoke to The Standard said the ConCourt
application was critical and urgent.
“The application by Kunaka doesn't stop the decision of the
Supreme Court,” lawyer Dumisani Dube said.
“However, due to the importance of the matter in the
constitutional jurisprudence of the country, the court may set the matter down
urgently before the election date.
“I also think Kasukuwere should have been the one who
approached the Constitutional Court, as he had a direct and substantial
interest in the matter and not a third party, who might not have the locus
standi."
Another lawyer,
Nqobani Sithole said: “It’s not about the abuse of court processes, as it might
appear, but the two different courts (High Court and ConCourt) deal with
different issues.
“The High Court only deals with interpretation of the law
and the ConCourt with constitutionality.” Standard
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