Kasukuwere wrote to Sadc chairperson and Democratic
Republic of Congo President Félix Antoine Tshisekedi Tshilombo protesting what
he said were “unfair practices” to bar him from contesting as one of the 12
presidential hopefuls in the harmonised elections.
The Supreme Court last week dismissed Kasukuwere’s appeal
of a High Court decision to disqualify him from contesting in the polls.
Kasukuwere has, meanwhile, appealed the Supreme Court
ruling at the Constitutional Court (ConCourt).
Kasukuwere, who fled the country during the 2017 coup,
however, told NewsDay in an interview that he was hopeful Sadc would intervene
on his behalf.
“We sent the letter a few days ago and we have not yet
received the response,” he said.
“But we are hopeful Sadc is a regional body that has a
responsibility to respond and work with us to resolve the issues that we raised
in the letter.”
In the letter, Kasukuwere said disqualifying him from
contesting the presidential election would disenfranchise some Zimbabwean
voters.
“Opposition parties increasingly find themselves forced to
rely on legal recourse to combat the systematic hindrance of their rallies and
even their participation in the electoral process,” he said.
“These challenges persist despite the growing apprehensions
surrounding the independence and integrity of the Judiciary, which appear to
have been compromised in certain instances.
“The recent ruling on my candidature has once again brought
this issue to the forefront, further disenfranchising the Zimbabwean diaspora
community.
“The manipulation of the Judiciary to restrict the
democratic space is a desperate tactic that should be condemned by all those
who value democracy and fairness.”
Kasukuwere also condemned the enactment of the Criminal Law
(Codification and Reform) Amendment Bill, commonly referred to as the Patriot
Act.
“It is disheartening to witness the erosion of our
democratic space, where holding a different opinion is wrongly perceived as an
act of hostility towards the State,” the former minister said.
“We firmly believe that political leadership should not be
dictated by the barrel of a gun, and the increasing militarisation of
Zimbabwean politics is deeply unsettling.”
In his ConCourt appeal, Kasukuwere said the Supreme Court
ruling had infringed on his right to the protection of the law.
A Zanu PF activist, Lovedale Mangwana, approached the High
Court accusing the Zimbabwe Electoral Commission (Zec) of violating the
Electoral Act by accepting Kasukuwere’s nomination papers yet he had been out
of the country for over 18 months.
The High Court ruled in his favour and Kasukuwere
approached the Supreme Court for recourse.
The Supreme Court upheld the High Court ruling.
“The decision of the Supreme Court does violate the common
law of Zimbabwe and is, in fact, an abrogation of the judicial function which
requires that the judge renders his judgment in accordance with the express
dictates of the law,” Kasukuwere submitted in his ConCourt appeal.
“Both the High Court and the Supreme Court having decided
on the substantive question which forms the basis of the allegation that the
judgment of the Supreme Court breaches the applicant’s right to the equal
protection and benefit of the law ... thus there is no other suitable fora for
the final and effective disposition of the constitutional question arising as a
result of the judgment of the Supreme Court,” Kasukuwere added.
Meanwhile, 12 Bulawayo Citizens Coalition for Change (CCC)
aspiring legislators filed their heads of argument at the Supreme Court
yesterday challenging their disqualification for allegedly filing their
nomination papers after the 4pm deadline.
Some suspected Zanu PF activists challenged their
nomination which they said was illegal, but the CCC aspiring legislators said
the High Court erred in disqualifying them.
“Without a doubt, the court a quo misdirected itself and
conducted the proceedings in an irregular manner,” they submitted.
“The question of jurisdiction is itself material. The
applicant’s a quo was an electoral matter. For that reason, it was brought
before the wrong forum.
“There is in that regard no lacuna (gap) in the law such as
would justify the intervention of the High Court.”
In a related matter, a Bulawayo resident, Raymond Dudzai
Gombedza, yesterday filed an urgent High Court application seeking the
disqualification of Zanu PF Bulawayo South candidate Rajeshkumar Modi for
filing his papers after the nomination court deadline.
In his founding affidavit, Gombedza said Modi’s nomination papers were submitted
20 minutes after the deadline.
“Despite the nomination court properly commencing at 10am
on June 21, 2023, the nomination papers of the third respondent were in
disarray,” Gombedza said.
“The disarray resulted in the third respondent being turned
away by the nomination court in order to rectify the fatal defects that were in
his papers.
“By 16pm on June 21, 2023, the third respondent had not
submitted nomination papers before the nomination court.
“In addition, the third respondent was not within the
nomination court room and premises.”
Gombedza cited Innocent Ncube, Zec nomination court
presiding officer, Zec, Modi and Zec chairperson Justice Priscilla Chigumba as
respondents. Newsday
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