INDEPENDENT presidential candidate Saviour Kasukuwere yesterday filed a notice of appeal at the Supreme Court to contest a High Court ruling that nullified his candidacy.
In a ruling on Wednesday, High Court judge Justice David Mangota said Kasukuwere failed to prove why he should remain a presidential candidate.
He made the ruling after a Zanu PF member, Lovedale Mangwana, approached the court seeking an order to declare a decision by the Zimbabwe Electoral Commission to accept Kasukuwere’s nomination papers null and void.
Kasukuwere, through his lawyers, said the court erred at law.
“The court a quo erred at law in finding that it had the requisite jurisdiction to deal with the matter when the dispute before it clearly emanated from the Electoral Act,” Kasukuwere submitted.
“The court a quo erred by finding that General Notice 1128-2023 made in terms of section 106 of the Electoral Act [Chapter 2:13] did not constitute law, the court a quo grossly erred and misdirected itself as it ignored the provisions of sections 15A and 20 of the Interpretation Act [Chapter 1:01].
“By entertaining the application on constitutional basis as it did, the court a quo erred and violated the constitutional principle of subsidiarity as it ignored specific provisions in the Electoral Act (Chapter 2:13), Administrative Justice Act (Chapter 10:28) and/or common law, which provide specific, adequate and satisfactory remedies to the first respondent.”
Kasukuwere cited Mangwana, the Judicial Service Commission and the Justice, Legal and Parliamentary Affairs minister Ziyambi Ziyambi as respondents.
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Yesterday, his lawyers said Kasukuwere’s lawyers said he remained a presidential candidate.
“The net effect of that appeal is to suspend a High Court judgment and this means that his status has reverted to the time before the litigation by Mangwana was instituted meaning that he remains on the ballot as a presidential candidate for 2023,” lead lawyer Harrison Nkomo told journalists.
“The appeal suspends the decisions of the High Court and Kasukuwere is to remain on the ballot until such time that any competent jurisdiction ... rules that he is not a presidential candidate.”
