Bhasikiti wins ConCourt appeal

By-elections in Mwenezi East constituency will only be held after the High Court decides on the legitimacy of the expulsion of Mr Kudakwashe Bhasikiti, the Constitutional Court ruled yesterday.

Chief Justice Godfrey Chidyausiku, sitting with eight other judges, ordered that the dispute should be resolved by July 31 to ensure the election timelines are met in the event that the High Court throws out the case.

The ruling was made in a case in which Mr Bhasikiti sought to stop President Mugabe from proclaiming a by-election following his expulsion from both Zanu-PF and the National Assembly.

President Mugabe was listed as first respondent in the matter when Zanu-PF, Speaker of Parliament and the Zimbabwe Electoral Commission were second, third and fourth respondents respectively.

Expelled Zanu-PF spokesperson Rugare Gumbo, Mr Bhasikiti and sympathisers from the MDC-T like Mr Willias Madzimure attended the court hearing.

In the ruling, the Chief Justice ruled that each of the parties involved should bear their own legal costs.

"After reading documents filed and hearing counsel, the application partially succeeds.

"The order is as follows:

"By-election for Mwenezi East constituency should not be held before the resolution of the dispute on the legality or otherwise of the expulsion of the applicant from second respondent (Zanu-PF) in the High Court case HC 5285/15.

"In any event, the resolution of the dispute or any appeal thereof should be completed by no later than July 31st 2015. There will be no order as to costs," ruled Chief Justice Chidyausiku.

During the hearing Mr Tendai Biti of Tendai Biti Law Chambers, on behalf of Mr Bhasikiti, argued that his client was never served with a formal communication of his expulsion from the Zanu-PF party as well as the reasons thereof.

Mr Biti argued that the Speaker also erred by simply announcing the vacancy in Parliament despite the fact that the case was being challenged in the High Court.

"The conduct is not that which is expected in a society that upholds rule of law. Having been served with an application for review of the party's decision at the High Court on June 8, having been served with an urgent chamber application for interdict on the 9th of June and having been served with a notice of set down for interdict on June 11, the Speaker went on to announce the vacancy in Parliament on June 11 around 2:30pm," he said.

Mr Biti argued that his client's right to equal protection of the law, participation in politics among others were infringed in the process.

Appearing for President Mugabe, Mr Terence Hussein told the court that once the election process has been triggered, it has to be completed.

He said since President Mugabe received the vacancy notice, a proclamation in terms of the Constitution, must follow.

Mr Hussein said his client cannot breach the Constitution by not calling for an election under the circumstances.

He argued that Zanu-PF was never cited in the interdict application at the High Court and that the communication of the notice of expulsion to the Speaker could not be stopped.

Speaker of Parliament's lawyer Mr Simplicious Chihambakwe told the court that his client simply acted in terms of Section 129(1) (k) of the Constitution in communicating the development to the President and announcing the vacancy in Parliament.