News / National
Kasukuwere back on ballot paper, says lawyer
14 Jul 2023 at 07:49hrs | Views
INDEPENDENT presidential candidate Saviour Kasukuwere is back on the ballot paper after his legal team successfully appealed the nullification of his nomination at the Supreme Court on Thursday.
During a press conference, his lead lawyer Harris Nkomo said the appeal retains Kasukuwere as a presidential candidate until the Supreme Court rules otherwise.
"After the high court judgment yesterday barring our client from being on the ballot paper for the 2023 presidential election, we successfully filed an appeal in the Supreme Court this morning under SC387/2023. The matric set of that appeal is to suspend a High Court judgment.
"This means that his status has been reverted to the time before the litigation by (Lovedale) Mangwana was instituted meaning he remains on the ballot and is still a presidential candidate for the 2023 harmonized elections," Nkomo said.
Nkomo also added that it was disturbing to note that social media was posting misleading conclusions of the law, to the effect that the appeal does not suspend the High Court judgment.
"That is incorrect. That appeal suspends the decision of the High Court, and it entitles president Kasukuwere to remain on the ballot. He is a 2023 presidential candidate until such time when any court of competent jurisdiction such as the Supreme Court has ruled that he is not a presidential candidate."
High Court judge Justice David Mangota Wednesday nullified Kasukuwere's nomination ruling that he should stop "masquerading as a candidate."
In a judgment read on Mangota's behalf by his colleague Never Katiyo, the judge upheld Zanu-PF activist Lovedale Mangwana's arguments.
The ruling party youth, a lawyer argued in his submissions that Kasukuwere had ceased to be a registered voter as he has been out of his constituency for over 18 consecutive months.
Mangwana said the Nomination court violated the constitution in accepting Kasukuwere's nomination papers.
"The decision by the Nomination Court to accept Kasukuwere's nomination papers is in violation of the constitution of Zimbabwe.
"The 1st respondent has not been resident in any constituency in the Republic of Zimbabwe for a period in excess of 18 consecutive months and his name cannot, by that circumstance, be retained on the voter's roll," he said.
During a press conference, his lead lawyer Harris Nkomo said the appeal retains Kasukuwere as a presidential candidate until the Supreme Court rules otherwise.
"After the high court judgment yesterday barring our client from being on the ballot paper for the 2023 presidential election, we successfully filed an appeal in the Supreme Court this morning under SC387/2023. The matric set of that appeal is to suspend a High Court judgment.
"This means that his status has been reverted to the time before the litigation by (Lovedale) Mangwana was instituted meaning he remains on the ballot and is still a presidential candidate for the 2023 harmonized elections," Nkomo said.
Nkomo also added that it was disturbing to note that social media was posting misleading conclusions of the law, to the effect that the appeal does not suspend the High Court judgment.
"That is incorrect. That appeal suspends the decision of the High Court, and it entitles president Kasukuwere to remain on the ballot. He is a 2023 presidential candidate until such time when any court of competent jurisdiction such as the Supreme Court has ruled that he is not a presidential candidate."
In a judgment read on Mangota's behalf by his colleague Never Katiyo, the judge upheld Zanu-PF activist Lovedale Mangwana's arguments.
The ruling party youth, a lawyer argued in his submissions that Kasukuwere had ceased to be a registered voter as he has been out of his constituency for over 18 consecutive months.
Mangwana said the Nomination court violated the constitution in accepting Kasukuwere's nomination papers.
"The decision by the Nomination Court to accept Kasukuwere's nomination papers is in violation of the constitution of Zimbabwe.
"The 1st respondent has not been resident in any constituency in the Republic of Zimbabwe for a period in excess of 18 consecutive months and his name cannot, by that circumstance, be retained on the voter's roll," he said.
Source - NewZimbabwe
