News / National
ConCourt shutters Kasukuwere's hopes
08 Aug 2023 at 17:28hrs | Views
The Constitutional Court (ConCourt) has sounded the death knell on Saviour Kasukuwere's diminishing hopes of contesting the 2023 presidential election after dismissing an application filed by the exiled former cabinet minister for direct access to its corridors.
The exiled politician launched a spirited bid to challenge incumbent president and former ally-turned-foe, Emmerson Mnangagwa in elections due 23 August.
His nomination was annulled by the High Court which ruled in favour of Zanu-PF activist Lovedale Mangwana who had challenged Kasukuwere's candidacy citing infringements to the country's electoral laws by the politician.
Kasukuwere would go on to file a failed appeal at the Supreme Court.
He later took his matter to the Constitutional Court which has ruled against him.
A three-panel bench comprising Justices Elizabeth Gwaunza, Paddington Garwe and Rita Makarau dismissed the former Zanu-PF political commissar's application noting that his prayer was disguised as an appeal against the Supreme Court ruling.
"The applicant did not demonstrate that the Supreme Court failed to act in accordance with the law…in light of the foregoing, this court finds the case is an appeal disguised as an application.
"The application lacks merit and is hereby dismissed with no order as to costs," ruled Gwaunza.
Speaking to the media after the ruling, Kasukuwere's spokesperson Jacqueline Sande vowed the fight is still on, adding that they will now be going back to the Supreme Court to lodge an appeal.
"It's not over for us. We still have a pending application before the Constitutional Court again, stating that the High Court order is not valid until it is confirmed by the Constitutional Court.
"So, this in essence, is not the end of the game.
"We are going to fight and ensure that president Saviour Kasukuwere participates as a presidential candidate in the upcoming elections," she said.
Kasukuwere's lawyer concurred stating that "litigation is a marathon" adding, "this is a minor hurdle which we are going to overcome".
"We are going to file an appeal at the Supreme Court on an urgent basis because elections are fast coming," he said.
Kasukuwere filed a court application last week seeking direct access to the Constitutional Court after his appeal challenging a High Court's ruling nullifying his nomination was dismissed by the Supreme Court.
Justice Paddington Garwe Thursday presided over the case management before telling parties that the application for direct access will be heard Tuesday.
The former Zanu-PF legislator was arguing the Supreme Court infringed on his rights by dismissing his appeal.
He contends he has the right to contest in the country's elections because he is a Zimbabwean who is also registered as a voter.
Kasukuwere was removed from the ballot following an appeal Mangwana who argued that the politician ceased to be a registered voter because he has been out of the country for a continuous period of 18 months.
The exiled politician launched a spirited bid to challenge incumbent president and former ally-turned-foe, Emmerson Mnangagwa in elections due 23 August.
His nomination was annulled by the High Court which ruled in favour of Zanu-PF activist Lovedale Mangwana who had challenged Kasukuwere's candidacy citing infringements to the country's electoral laws by the politician.
Kasukuwere would go on to file a failed appeal at the Supreme Court.
He later took his matter to the Constitutional Court which has ruled against him.
A three-panel bench comprising Justices Elizabeth Gwaunza, Paddington Garwe and Rita Makarau dismissed the former Zanu-PF political commissar's application noting that his prayer was disguised as an appeal against the Supreme Court ruling.
"The applicant did not demonstrate that the Supreme Court failed to act in accordance with the law…in light of the foregoing, this court finds the case is an appeal disguised as an application.
"The application lacks merit and is hereby dismissed with no order as to costs," ruled Gwaunza.
Speaking to the media after the ruling, Kasukuwere's spokesperson Jacqueline Sande vowed the fight is still on, adding that they will now be going back to the Supreme Court to lodge an appeal.
"It's not over for us. We still have a pending application before the Constitutional Court again, stating that the High Court order is not valid until it is confirmed by the Constitutional Court.
"So, this in essence, is not the end of the game.
"We are going to fight and ensure that president Saviour Kasukuwere participates as a presidential candidate in the upcoming elections," she said.
Kasukuwere's lawyer concurred stating that "litigation is a marathon" adding, "this is a minor hurdle which we are going to overcome".
"We are going to file an appeal at the Supreme Court on an urgent basis because elections are fast coming," he said.
Kasukuwere filed a court application last week seeking direct access to the Constitutional Court after his appeal challenging a High Court's ruling nullifying his nomination was dismissed by the Supreme Court.
Justice Paddington Garwe Thursday presided over the case management before telling parties that the application for direct access will be heard Tuesday.
The former Zanu-PF legislator was arguing the Supreme Court infringed on his rights by dismissing his appeal.
He contends he has the right to contest in the country's elections because he is a Zimbabwean who is also registered as a voter.
Kasukuwere was removed from the ballot following an appeal Mangwana who argued that the politician ceased to be a registered voter because he has been out of the country for a continuous period of 18 months.
Source - zimlive
