High Court judge Justice David Mangota disqualified
Kasukuwere after ruling in favour of Zanu PF activist, Lovedale Mangwana, who
had approached the court seeking the former Cabinet minister’s removal from the
ballot paper.
Mangwana argued that the Zimbabwe Electoral Commission
(Zec) had violated the Electoral Act by accepting his nomination papers when he
had been absent from the country for 18 consecutive months.
He said Kasukuwere was, therefore, an unregistered voter.
Kasukuwere appealed to the Supreme Court, which upheld the
ruling of the lower court.
This prompted Kasukuwere to approach the Constitutional
Court (ConCourt), which denied him access saying the former Local Government
minister was improperly before the court.
Kunaka had also approached the court seeking the
reinstatement of Kasukuwere as a presidential candidate, saying disqualifying
him infringed on his right to choose a candidate of his choice.
But before the case was heard, Kunaka was shocked to learn
that his application had been dismissed without a hearing.
“Below are the directions from the Honourable Chief Justice
pertaining to the above application,” ConCourt Registrar Anitha Tshuma wrote to
Kunaka’s lawyers yesterday.
“The applicant (Kunaka) has made the application ... for
interim interdict stopping the third respondent from printing presidential
ballot papers in the general election pending the determination of an
application for direct access he has filed in the court.”
“There is, therefore, no basis on which the relief claimed
by the applicant can be considered. In any case, the conduct of the third
respondent is lawful. No interim interdict can be granted to stop a lawful
conduct.”
Kunaka had cited Mangwana, Kasukuwere and Zec as
respondents.
Kasukuwere has, however, filed a fresh appeal at the ConCourt
against the Supreme Court ruling.
In the application, he wants the apex court not to confirm
Mangota’s ruling on his candidacy.
Kasukuwere cited Mangwana, Zec and Justice minister Ziyambi
Ziyambi as respondents. The former minister is seeking a declaration of
constitutional invalidity in terms of section 15 of the ConCourt Rules.
In his notice to approach the ConCourt, he said he intended
to apply to the court for the order in terms of the Draft Order which had not
been confirmed.
The former minister said Zec had already printed the ballot
papers for postal voting without his name, saying his case should be treated
with urgency.
“If the current ballots are distributed to the electorate,
the applicant’s right to protection of the law and to stand as a candidate (as
provided for under s56(1), 67(2a), 67(3 Xa) and 67(3b) of the Constitution)
will be incurably violated,” Kasukuwere’s lawyers submitted.
In another separate case, High Court judge Justice Tawanda
Chitapi will tomorrow hear another application by Kasukuwere, where he is
seeking nullification of Statutory Instrument 140A of 2023 on postal voting.
In the application, Kasukuwere cited Zec, Attorney-General,
Ziyambi and President Emmerson Mnangagwa as respondents.
The parties yesterday met on a case management and the
respondents will file their heads of arguments today.
Zec on August 3, 2023 gazetted SI 140 which amended section
75(1)(d) of the Electoral Act to allow the chief elections officer to receive
postal votes not later than three days of the voting day instead of 14 days.
Kasukuwere says the SI violated section 157(5) of the
Constitution, which states that after an election date has been proclaimed, no
amendment will be made to the electoral law. Newsday
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