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Chief Court Reporter
The High Court has barred presidential aspirant Saviour Kasukuwere from contesting the August 23 harmonised elections because he has been non-resident in his constituency for at least 18 months, which is a breach of the Electoral Act.
Kasukuwere, who has been in self-imposed exile for more than five years, suffered technical legal impediments that bar him from contesting.
This comes after a Zanu PF youth, Lovedale Mangwana, brought a lawsuit against Kasukuwere on the grounds that he was away from Zimbabwe for 18 months making him unqualified to be a candidate.
In a judgment delivered yesterday by Justice David Mangota, the High Court allowed the application by Mr Mangwana, finding that Kasukuwere failed to prove that he had been in the country and his constituency to give him the electoral right to participate in the elections.
“I heard and considered the case of both parties. I am satisfied that the applicant proved his case on a preponderance of probabilities. The application, accordingly, is granted as prayed for in the amended draft order.”
While Kasukuwere claimed to have left the country temporarily on medical grounds, he failed to convince the court on that aspect. During the hearing of the civil-case, Kasukuwere, through his lawyer Advocate Method Ndlovu, failed to show the dates he left and returned to the country and never attached to his opposing papers the doctor’s report to prove that he was receiving medical attention outside Zimbabwe.
All he did was file his opposing affidavit from South Africa.
Even when the application was being heard, Kasukuwere was not in the country or his constituency, but had announced to return to Zimbabwe at some future but unknown date, throwing himself under the feet of Mangwana.
In his ruling, Justice Mangota said Kasukuwere was a holder of a passport hence nothing prevented him from availing a certified copy of the document to show veracity of his assertions.
Kasukuwere, who is aspiring to hold the highest office on the land, said Justice Mangota, could easily have dispelled the ominous allegation and acquitted himself well. But his non-disclosure of the correct circumstances left the judge with no option but to draw adverse inference against him.
“I, on the basis of the foregoing, therefore, find that the respondent (Kasukuwere) was out of Zimbabwe and, therefore, out of his constituency for a continuous period of more than 18 months,” said Justice Mangota.
In his opposing papers Kasukuwere denied that he was out of Zimbabwe for more than 18 months and challenged Mangwana to prove his claim.
Mangwana who listed Kasukuwere along with the Zimbabwe Electoral Commission (ZEC) and the Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi in his official capacity as respondents, argued that the Nomination Court violated the Constitution in accepting Kasukuwere’s nomination.
His contention was that Kasukuwere has not been resident in any constituency and the country for a period in excess of 18 consecutive months and his name could not by that circumstance, be retained on the voter’s roll.
To this end, Mangwana argued that Kasukuwere’s name ceased to be on the voter’s roll by operation of law. As a non-voter he could not be nominated for election to any office.
Kasukuwere wanted to contest as an independent candidate and was among the 11 candidates that successfully filed their nomination on June 21 to contest in the Presidential election on August 23.
Other candidates are President Mnangagwa of ZANU PF, Joseph Makamba Busha of Free Zim Congress, Nelson Chamisa of CCC, Trust Chikohora of ZCPD, Blessing Kasiyamhuru of ZIPP, Professor Lovemore Madhuku of NCA, Wilbert Mubaiwa of NPC, Gwinyai Henry Muzorewa of UANC, Douglas Mwonzora of MDC and Wilson Harry Peter of DOP.
The Nomination Courts sat last month. ZANU PF filed applications for all its candidates while other parties had gaps for various reasons, resulting in the revolutionary party winning 91 local council seats unopposed.
Online Reporter