Zimbabwe’s Supreme Court – which usually makes fair decisions except on major politically sensitive cases – faces a stern litmus credibility test on 26 July when it is expected to decide the fate of independent candidate Saviour Kasukuwere in the 23 August crucial presidential election.
The Supreme Court will hear and decide on a badly flawed High Court judgement barring the former Zanu PF commissar, MP and minister from running in the election.
Three judges, Susan Mavangira, Chinembiri Bhunu and George Chiweshe, will deal with the matter that has far-reaching consequences for freedoms of movement and residence.
A separate and unrelated constitutional case has been filed challenging the Electoral Act infractions on the Bill of Rights or those entrenched fundamental liberties.
The relevant controversial case arose after a Zanu PF activist Lovedale Mangwana filed a court application seeking to block Kasukuwere from standing in the election.
Mangwana claimed without evidence that Kasukuwere’s nomination was invalid as he was automatically no longer a registered voter in Zimbabwe, having allegedly spent 18 consecutive months out of the country.
High Court Justice David Mangota ruled in Mangwana’s favour in a judgement which lawyers have widely criticised as deeply flawed, not well-thought-out and unsustainable.
Kasukuwere appealed, hence suspension of the High Court decision pending the appeal outcome.
The appeal hearing has been set down for 26 July.
However, Mangwana has also appealed to the High Court for leave to execute the judgement pending the appeal decision.
He has also applied to the Supreme Court to treat the matter urgently given that elections are on 23 August.
Kasukuwere initially objected to this, but later withdrew the earlier objection to have the case heard on an urgent basis.
Given that Mangota incredibly misdirected himself on the case in broad daylight – for instance by giving himself and the court unlawful powers to remove a voter from the voters’ roll in violation of the law or shifting the burden of proof to Kasukuwere away from Mangwana – the Supreme Court faces a major litmus credibility test on 26 July.
Source – Twitter
