DEPUTY CHIEF WRITER 6 June 2018
HARARE – A chief in Mashonaland Central, Bramwell Bushu, is under fire for
winning primary elections to represent Zanu PF as its parliamentary
candidate in the Shamva South Constituency in the July 30 elections.
His opposite number, MDC candidate Leman Pwanyiwa, is challenging Bushu’s
selection, which he argues is unconstitutional.
In the application before the High Court, Pwanyiwa cited Bushu, Zanu PF,
the Zimbabwe Electoral Commission (Zec) and the National Council of Chiefs
“This is an application for an interdict against the first respondent
(Bushu) from being a member of the second respondent (Zanu PF) and from
standing for election as a candidate for the National Assembly elections
for Shamva South Constituency.
“The applicant (Pwanyiwa) also seeks interdict to bar the third respondent
(Zec) functionaries who will be deployed at the Nomination Court sitting
at the Magistrates’ Court Main Street Bindura, situated in Mashonaland
Central Province, from receiving and accepting the first respondent’s
nomination papers,” Pwanyiwa said in his court papers.
The ruling Zanu PF held its primary elections from April 29 to 30.
“I was surprised to discover that the name of the first respondent
appeared as a contestant in the elections for Mashonaland Central, Shamva
“I thought this was a mistake which the second respondent would rectify
since it is well known that the first respondent is serving as a chief of
Bushu Village since June 2016 when he took over from his father, Show
Bushu,” Pwanyiwa said in his affidavit.
He said in terms of the law, it is unconstitutional for any traditional
leader to be a member of a political party or to participate in partisan
politics or act in a partisan manner.
“The first respondent is in clear violation of the Constitution by being a
member of the second respondent and by contesting to be the second
respondent’s candidate for the national assembly seat for Shamva South
“The first respondent has by his conduct furthered the interests of the
second respondent, participated in partisan politics and shown himself to
be a member of the second respondent,” he said.
He added: “I am advised that the High Court in Masvingo delivered an order
with the case number HC92/18 and order number 56/18 declaring that the
involvement of traditional leaders in partisan politics and declaration of
allegiance to Zanu PF is a breach of the right to a free and fair election
as enshrined in Section 67 of the Constitution of Zimbabwe”.
He also argued that in terms of Section 5 (1) (a) of the Traditional
Leaders Act (Chapter 29:17), chiefs’ functions are restricted to
performing their duties of being traditional heads of their communities
and promoting cultural values.
“I also seek this honourable court to bar the third respondent’s
functionaries who will be deployed at the Nomination Court…from
receiving and accepting the first respondent’s nomination papers,” the
court was told.
The court is still to make a determination in the matter.