By Takudzwa Changadeya
Self-exiled former Cabinet minister Saviour Kasukuwere’s lawyer Harisson Nkomo has filed an appeal at the Supreme Court against the High Court’s ruling on barring Kasukuwere from contesting the 2023 general elections.
Kasukuwere, who is contesting as an independent candidate, had his name confirmed by the Nomination Court which sat on the 21st of June 2023.
Addressing journalists on Thursday in Harare, Nkomo said: “After the High Court’s judgement on barring our client from contesting in the forthcoming elections, we successfully filed an appeal at the Supreme Court this morning under S3872023.
“The net effect of the appeal is to suspend the High Court’s judgement. What it basically means is that his status has been reverted back to the time before the litigation by Lovedale Mangwana was instituted, meaning that he remains on the ballot paper. He is still a presidential candidate for 2023,” he said.
“The appeal suspends the decision by the High Court and it entitles president Kasukuwere to remain on the ballot.”
In a ruling read by his colleague Never Katiyo, High Court judge Justice David Mangota said Kasukuwere failed to prove why he should remain a presidential candidate to contest in the forthcoming general elections.
The judge made the ruling after a Zanu PF activist Lovedale Mangwana challenged Kasukuwe’s candidature saying he violated the constitution and the electoral law by filing his name for nomination.
“Kasukuwere, for some inexplicable reason, snatches the onus from Mangwana to himself,” Justice Mangota said.
“He challenges Mangwana to challenge him to prove that he was out of Zimbabwe for more than 18 consecutive months. He confirms in paragraph 22.6 that he was out of Zimbabwe on a temporary basis when he went for treatment.
“He does not, however, show, as he offers to do, the date(s) that he left Zimbabwe and/or the date(s) that he returned to Zimbabwe. Nor does he attach to his notice of opposition a doctor’s report which indicates he was/is, indeed, receiving medical attention from outside Zimbabwe.”
Mangwana said Kasukuwere’s candidature was in violation of section 91 of the Constitution because he had been out of the country for 18 consecutive months.
Speaking to journalists after the ruling, Mangwana’s lawyer Lewis Uriri said: “The law is that if you are ordinarily not a resident in Zimbabwe for 18 months then you are said to have ceased to be a registered voter.
“So Mr Kasukuwere ceased by operation of law to be a registered voter and consequently ceased to be qualified to run for or to occupy the office of the President of Zimbabwe.
“So the court has declared acceptance of his nomination by the nomination court sitting at Harare was invalid and consequently he cannot run for the office of the President.”
