HIGH Court judge Justice David Mangota yesterday deferred to July 12 a case where a Zanu PF member is challenging exiled former minister Saviour Kasukuwere’s presidential bid.
Lovedale Mangwana early this week approached the High Court seeking to block Kasukuwere from contesting for the presidency on August 23.
Mangwana argues that Kasukuwere is not eligible to contest for the presidency having been out of the country for 18 months.
Kasukuwere fled the country after the 2017 coup.
Mangwana seeks a ruling declaring a decision of the nomination court to accept Kasukuwere’s nomination null and void.
According to his draft order, he wants it declared: “That the decision of the nomination court sitting at Harare on June 22, 2023 to accept first respondent’s nomination paper and candidature (for) election to the office of President of the Republic of Zimbabwe in the elections scheduled to be conducted on August 23, 2023 is conduct which is in violation of applicant’s constitutional rights as set out in sections 56(1), 67(2)(a) and 67(3)(a) of the Constitution of Zimbabwe, 2013.
“That the decision of the nomination court sitting at Harare on June 22, 2023 to accept first respondent’s nomination paper and candidature for election to the office of President of the Republic of Zimbabwe in the elections scheduled to be conducted on August 23, 2023 is declared null and void and of no force and effect and hereby set aside.
“That first respondent is not a candidate for election to the office of President of Zimbabwe in the elections scheduled to be conducted on August 23, 2023.”
- Unpacking environmental laws for real estate in Zimbabwe
- Village Rhapsody: Govt must ensure that devolution works
- Unpacking environmental laws for real estate in Zimbabwe
- Gukurahundi public hearings: A breakthrough or a political gimmick?
Keep Reading
Kasukuwere and the Zimbabwe Electoral Commission (Zec) were cited as respondents.
In his founding affidavit, Mangwana said he was guided by section 85(1)(a) of the Constitution.
He said news that Kasukuwere’s nomination papers had been accepted left him puzzled.
“I was convinced that this circumstance meant that he is no longer a registered voter for any constituency in the republic and consequently, he does not qualify for candidacy for election to the office of the President,” he said.
Mangwana said he wrote to Zec seeking an explanation, but did not receive a favourable response after the electoral body advised him to approach the Electoral Court.
He said provisions of the Electoral Act stated that a voter who is registered on the voters roll for a constituency, other than a voter who has been registered in that constituency in terms of the provisions to subsection (1), shall not be entitled to have his name or her name retained on such roll if for a continuous period of 18 months he or she has ceased to reside in that constituency.
“I submit that the decision to accept first respondent’s nomination paper is in breach of section 91(1)(d) of the Constitution and invalid,” he said.
