Kasukuwere lawyers consent to urgent hearing

Source: Kasukuwere lawyers consent to urgent hearing -Newsday Zimbabwe

Kasukuwere’s lawyers had initially objected to the matter being heard on an urgent basis, but later consented.

THE Supreme Court will on July 26 hear on an urgent basis a case in which Zanu PF member, Lovedale Mangwana, wants self-exiled former minister Saviour Kasukuwere barred from participating in the August 23 presidential election.

Kasukuwere’s lawyers had initially objected to the matter being heard on an urgent basis, but later consented.

When they appeared before Supreme Court judges Justices Chinembiri Bhunu, George Chiweshe and Susan Mavangira yesterday, Mangwana’s lawyer advocate Lewis Uriri told the court that the application was no longer registered.

Kasukuwere’s lawyer, Method Ndlovu, confirmed that he was instructed not to persist with the objection.

“I can confirm that what my learned friend said is the truth,” Ndlovu told the bench.

“We have taken instruction and we have been advised not to persist with the objection of the application of the urgent hearing of the appeal itself.

“What remains is to manage the case and how the papers will be filed, when the matter will be argued. We had not reached common position with applicants’ legal representative as regards to the timelines for the filing of the papers and the hearing of the matter.”

The application was supposed to be heard yesterday after Mangwana’s lawyers successfully argued that the matter be heard on an urgent basis.

Mangwana cited Kasukuwere, the Zimbabwe Electoral Commission (Zec) and Justice minister Ziyambi Ziyambi as respondents.

Kasukuwere is appealing High Court judge Justice David Mangota’s ruling that he should stop masquerading as a presidential candidate.

This was after Mangwana successfully sought an order setting aside the decision to accept Kasukuwere’s nomination papers.

In his founding affidavit, Mangwana also said the Electoral Act did not allow a candidate who has been out of the country for over 18 months to contest for presidency.

The activist said it was on public record that Kasukuwere had been out of the country for over 18 months after fleeing during the 2017 coup that toppled the late former President Robert Mugabe.

But Kasukuwere’s lawyers argued that there wasn’t ample proof that their client was out of the country during the period in question.

The lawyers added that there was no legal justification for the removal of the candidate’s name from the list after it had been gazetted.