HARARE – The Supreme Court is this Friday set to hand down judgement in a case in which independent presidential candidate Saviour Kasukuwere is appealing against a High Court decision to nullify his candidacy for the August 23 poll.
High Court judge David Mangota granted an order sought by Zanu PF activist Lovedale Mangwana, who cited provisions of the electoral law in arguing the exiled former cabinet minister did not qualify to vote or run for public office in Zimbabwe as he was absent from the country for a continuous period of 18 months.
Kasukuwere appealed the judgement at the Supreme Court.
On Thursday, Supreme Court judges Antonia Guvava, Chinembiri Bhunu and Felistus Chatukuta heard arguments from both parties.
Kasukuwere argued that the High Court had no jurisdiction to entertain Mangwana’s application.
Section 161 of the Electoral Act divides the HC into specialised divisions and creates a specialised division for elections.
“Mangwana had no locus stand to challenge that the appellant was not a registered voter to present himself as a nomination candidate to the office of the President,” Kasukuwere had argued through his lawyer Welshman Ncube.
“The right to approach ZEC is vested upon voters registered in the same constituency.
“A voter registered in Bulawayo cannot challenge the voter in Chimanimani.
“I submit that in terms of the Electoral Act, there was no locus standi…he had remedy in the Electoral Court and could have made the application in the Electoral Court.
“A voter cannot approach the HC to remove someone’s candidacy.”
Equally, Ncube’s colleague, Method Ndlovu said, “The court aquo embarked on a wrong query… Absence does not mean one ceases to be a resident of Zimbabwe.
“The question is, did he cease or was he absent…He never ceased to be a resident.
“So, the court aquo embarked on a wrong query.”
Earlier, Mangwana through his lawyers, Advocate Lewis Uriri and Edley Mubaiwa challenged the Supreme Court’s jurisdiction to hear Kasukuwere’s appeal.
“The appeal is in the wrong court and this court has no jurisdiction to hear the matter,” Mubaiwa said.
“It was a constitutional application because it raised a constitutional matter.
“The application was brought in terms of rule 107 which deals with constitutional matters in the High Court.
“The court aquo assumed jurisdiction and dealt with the matter as constitutional application.
“Under such circumstances, an appeal cannot come to the Supreme Court.
“We submit there is no jurisdiction on the part of the SC. The matter is therefore before the wrong court…It ought to be rejected.”
The application was however dismissed. – ZimLive
