A Zanu PF activist, who successfully challenged former Local Government minister Saviour Kasukuwere’s nomination as a presidential candidate, now wants the courts to stop Kasukuwere's name from being included on the ballot paper for the August 23 polls.
Lovedale Mangwana, who is believed to be a proxy for the ruling party, on Friday approached the High Court seeking an order directing the Zimbabwe Electoral Commission (Zec) to start printing ballot papers without Kasukuwere’s name.
Mangwana made the latest application to execute High Court judge Justice David Mangota’s judgment after the former Zanu PF commissar appealed last week’s ruling that he had failed to prove why he should remain a presidential candidate.
Mangota made the ruling after the Zanu PF activist approached the court seeking an order to declare a decision by the Zec to accept Kasukuwere’s nomination papers null and void.
Kasukuwere, through his lawyers immediately filed a Supreme Court appeal saying the judge erred at law.
In his latest application, Mangwana says Kasukuwere’s appeal has little chance of success.
Elections are to be held on August 23.
“The ballot papers for the election will be prepared and printed anytime from now, meaning the first respondent’s name will be made part of the election process,” Mangwana said.
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“The normal procedure for the hearing of the appeal is such that it is highly likely that the appeal will be heard and determined after the elections and the first respondent having participated in it.
“I disclose the fact that I have simultaneously asked the Supreme Court for an order setting down the appeal on an urgent basis. I do not know whether the relief is granted but whether it is, that would not undermine the fact that the appeal is frivolous and meant simply to result in an election whose result may be constitutionally invalid on account of the first respondent having partaken in it.”
Mangwana said Kasukuwere’s appeal was “fatally defective”.
“Demonstrably, the appeal proceeds contrary to principle and the authorities of the Supreme Court and Constitutional Court," he said.
“The circumstance considered together with the fact that the appeal is in the wrong court and fatally bad establishes that the appeal is not a serious effort at protesting the correctness of the suspension of the judgement to revive first respondent’s unconstitutional role and participation in the election.
Mangwana also argued that the Supreme Court had no jurisdiction to hear Kasukuwere’s appeal.
“I contest the jurisdiction of the Supreme Court to determine any appeal from the judgement to the extent that the judgement determined a constitutional matter and granted relief of constitutional invalidity,” Mangwana said.
“I submit on a reading of the provisions of Section 167(1) (a) as read together with Section 169 (1) of the Constitution of Zimbabwe that the appeal should have been taken to the Constitutional Court and not the Supreme Court.”
He said Kasukuwere’s appeal was a waste of time and there was no need to delay the execution of the High Court judgement.
Kasukuwere has accused President Emmerson Mnangagwa of weaponising the law to bar him from contesting the elections.
Police have said that Kasukuwere has pending court cases.
Kasukuwere fled the country during the 2017 coup that saw Mnangagwa assuming power after the removal of the late president Robert Mugabe.
Zanu PF is said to be fearful that his candidacy will divide the ruling party’s vote and give advantage to Citizens Coalition for Change leader Nelson Chamisa, who narrowly lost the disputed 2018 elections to Mnangagwa.
