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Daniel Nemukuyu Senior Court Reporter
The by-election for Mwenezi East Constituency will go ahead unhindered after the Supreme Court yesterday threw out Mr Kudakwashe Bhasikiti’s appeal. Mr Bhasikiti, who was expelled from Zanu-PF and Parliament, had his efforts to reclaim both his party membership and National Assembly seat thwarted when the Court of Appeal, found no merit in his challenge against a recent High Court judgment.
The Supreme Court upheld the decision by Justice Chinembiri Bhunu that Mr Bhasikiti did not exhaust all the internal party remedies in challenging the expulsion.
Justice Bhunu ruled that Mr Bhasikiti jumped the gun and the matter was dismissed on preliminary points.
Yesterday, Chief Justice Godfrey Chidyausiku, dismissed the appeal saying detailed reasons for the decision will be availed in due course.
“The court, having considered the papers filed of record and the submissions by counsel, has unanimously come to the conclusion that the appeal is without merit and is hereby dismissed with costs.
“Reasons for the order will be availed in due course,” ruled the Chief Justice.
After the announcement of the decision, Mr Bhasikiti, through his lawyer Mr Tendai Biti, accepted defeat and withdrew another constitutional application in which he sought to nullify President Mugabe’s proclamation of the by-election.
Mr Biti said: “I consulted my client and the applicant hereby withdraws the application by consent of the respondents with no order as to costs.”
Chief Justice then struck the constitutional challenge off the court roll.
The latest development cleared the way for a by-election and President Mugabe has since set the poll for September 19 this year.
On the same day, by-elections will also be held in Mbire and Marondera Central constituencies to replace Messrs David Butau and Ray Kaukonde, who were expelled from the revolutionary party for plotting to unlawfully oust President Mugabe.
Zanu-PF has since conducted its primary elections for by-elections in three parliamentary constituencies set for September 19, with Cde Joshua Moyo winning in Mwenezi East, Cde Douglas Karoro in Mbire and Cde Lawrence Katsiru in Marondera Central.
In the dismissed appeal, Mr Bhasikiti wanted the Supreme Court to direct the High Court to hear the review application on the merits.
He argued that the judge erred in dismissing his application.
Mr Bhasikiti argued that the court wrongly found that there was a lawful judgment by the National Disciplinary Committee. He argued that even if the said judgment had been issued, it was never communicated to him.
Mr Bhasikiti contended that members of the Politburo and the National Disciplinary Committee were also members of the Central Committee, hence appealing to the Central Committee would not have helped.
He argued that the court should have heard full arguments of the matter before making a determination.
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