A three-judge panel headed by Justice Antonia Guvava with
Justice Chinembiri Bhunu and Justice Felistas Chatukuta will hand down their
decision today.
The court heard
submissions from both parties’ legal counsel and reserved judgment to today.
Professor Welshman
Ncube along with Advocate Method Ndlovu and Adv Reginald Mutero argued the
matter for Mr Kasukuwere while Harare lawyer Mr Lovedale Mangwana who brought
the original suit, and the application for the appeal heard as a matter of
urgency, was being represented by Adv Lewis Uriri and Adv Edley Mubaiwa.
The decision by the High Court recently that Mr Kasukuwere
was no longer a voter, and therefore, could not contest any election, was
stayed the moment he filed his appeal with the Supreme Court.
ZEC is also involved, but only supporting the application
for an urgent appeal, as the final ballot paper needs to be printed soon and
ZEC wants to know whether to include or exclude Mr Kasukuwere.
ZEC is not involved
in the actual case, but is interested in knowing whether to include Mr
Kasukuwere on the ballot or not.
With the appeal date set ZEC is no longer involved.
In his urgent application, Mr Mangwana is seeking the court
to exercise its inherent jurisdiction to regulate and control the proceedings
in the appeal and order its urgent set down, hearing and determination, citing
the general public and national importance of the matter and the fact that the
election is now less than two months away.
Mr Mangwana recently
won the first round of the legal battle to thwart Mr Kasukuwere from entering
the race for the highest office on the land after the High Court found his
nomination was invalid as he had been absent from Zimbabwe for more than
18months without being in one of the categories where this does not lead to
being deleted from the voters roll.
Suspecting that Mr Kasukuwere was unlikely to prosecute his
appeal urgently, so in the normal course of events it was likely to be heard
only after the election, Mr Mangwana took it upon himself to make sure the
appeal was brought forward to be decided ahead of the election, which a month
away.
The law disqualifies a voter who has been absent for more
than 18 months and Mr Kasukuwere had failed to prove he had not been absent
from Zimbabwe for at least 18 months although the judge said a certified copy
of Mr Kasukuwere’s passport would have shown any entries into Zimbabwe that
would have restarted the clock.
The judge also dismissed Mr Kasukuwere’s statement that he
was in South Africa for medical treatment, as there was zero supporting
evidence, such as a medical report. Herald
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