News / National
Kasukuwere to know fate Friday
27 Jul 2023 at 20:15hrs | Views
INDEPENDENT presidential candidate Saviour Kasukuwere will know his fate Friday when the Supreme Court is expected to hand down its judgment on his appeal challenging the High Court's decision to remove him from the ballot.
A three-panel bench comprising Justices Antonia Guvava, Chinembiri Bhunu and Felistus Chatukuta heard arguments from both parties before rolling the ruling to the following day.
Kasukuwere mounted a Supreme Court application after the High Court nullified the nomination court's decision to accept his nomination papers.
This followed an application by a Zanu-PF activist, Lovedale Mangwana who challenged Kasukuwere's nomination arguing that he ceased to be a registered voter having spent over 18 months outside the country.
When the hearing commenced, Thursday, Mangwana's lawyers, Advocate Lewis Uriri and Mubaiwa challenged the court's jurisdiction to hear the appeal but their application was thrown out.
Submitting the grounds of appeal, Kasukuwere's lawyers, Welshman Ncube and Method Ndlovu also argued that the High Court had no jurisdiction to hear Mangwana's challenge.
"Mangwana had no locus standi to challenge that the appellant was not a registered voter to present himself as a nomination candidate to the office of the President. The right to approach Zec is vested upon voters registered in the same constituency. A voter registered in Bulawayo cannot challenge the voter in Chimanimani. Voters are registered in constituencies and not the whole country in the first instance. I submit that in terms of the Electoral, there was no locus standi he had remedy in the Electoral Court and could have made the application in the electoral court. A voter cannot approach the HC to remove someone's candidacy," said Ncube.
Ndlovu concurred, arguing that the High Court "embarked on a wrong query, absence does not mean one ceases to be a resident of Zimbabwe.
"The question is did he cease or was he absent…and the judgment in the court aquo says absent throughout. He never ceased to be a resident so the court aquo embarked on a wrong query."
Kasukuwere was recently blocked from contesting in the August 23 Presidential election by the High Court.
High Court judge Justice David Mangota nullified Kasukuwere's nomination ruling that he should stop "masquerading as a candidate."
This followed an application by Mangwana who successfully argued that Kasukuwere had ceased to be a registered voter as he had been out of his constituency for over 18 consecutive months.
However, Kasukuwere was back on the ballot paper after his legal team successfully appealed the nullification of his nomination at the Supreme Court.
His appeal suspended the High Court order.
A three-panel bench comprising Justices Antonia Guvava, Chinembiri Bhunu and Felistus Chatukuta heard arguments from both parties before rolling the ruling to the following day.
Kasukuwere mounted a Supreme Court application after the High Court nullified the nomination court's decision to accept his nomination papers.
This followed an application by a Zanu-PF activist, Lovedale Mangwana who challenged Kasukuwere's nomination arguing that he ceased to be a registered voter having spent over 18 months outside the country.
When the hearing commenced, Thursday, Mangwana's lawyers, Advocate Lewis Uriri and Mubaiwa challenged the court's jurisdiction to hear the appeal but their application was thrown out.
Submitting the grounds of appeal, Kasukuwere's lawyers, Welshman Ncube and Method Ndlovu also argued that the High Court had no jurisdiction to hear Mangwana's challenge.
"Mangwana had no locus standi to challenge that the appellant was not a registered voter to present himself as a nomination candidate to the office of the President. The right to approach Zec is vested upon voters registered in the same constituency. A voter registered in Bulawayo cannot challenge the voter in Chimanimani. Voters are registered in constituencies and not the whole country in the first instance. I submit that in terms of the Electoral, there was no locus standi he had remedy in the Electoral Court and could have made the application in the electoral court. A voter cannot approach the HC to remove someone's candidacy," said Ncube.
Ndlovu concurred, arguing that the High Court "embarked on a wrong query, absence does not mean one ceases to be a resident of Zimbabwe.
"The question is did he cease or was he absent…and the judgment in the court aquo says absent throughout. He never ceased to be a resident so the court aquo embarked on a wrong query."
Kasukuwere was recently blocked from contesting in the August 23 Presidential election by the High Court.
High Court judge Justice David Mangota nullified Kasukuwere's nomination ruling that he should stop "masquerading as a candidate."
This followed an application by Mangwana who successfully argued that Kasukuwere had ceased to be a registered voter as he had been out of his constituency for over 18 consecutive months.
However, Kasukuwere was back on the ballot paper after his legal team successfully appealed the nullification of his nomination at the Supreme Court.
His appeal suspended the High Court order.
Source - NewZimbabwe
