Tyson loses ConCourt appeal 

Source: Tyson loses ConCourt appeal –Newsday Zimbabwe

SELF-EXILED presidential aspirant, Saviour Kasukuwere, yesterday suffered yet another setback in his bid to contest in the August 23 presidential race after the Constitutional Court dismissed his application for direct access to the apex court.

Kasukuwere, who was disqualified from contesting the election by the High Court, wants to be included as one of the presidential candidates.

The Supreme Court recently upheld a High Court ruling disqualifying him.

Three ConCourt judges Justices Paddington Garwe, Elizabeth Gwaunza and Rita Makarau unanimously ruled that Kasukuwere disguised his application for direct access to the court as an appeal against the Supreme Court ruling.

The judges ruled that his lawyers Welshman Ncube and Method Ndlovu stated that the Supreme Court judgment was wrong, and wanted it overturned.

They said this showed that there were no questions about constitutional rights that needed to be addressed.

Ndlovu told the media that they will file another application for a direct access to the same court.

“There are many legal routes we are taking, and we are definitely going to file another application for a direct access to the court,” Ndlovu said.

“We also have another case which is already at the High Court challenging section SI140(a) on postal ballots.

“With the indulgence of the court we will try to have our client’s right to vote respected.”

Zanu PF activist, Lovedale Mangwana, approached the High Court seeking Kasukuwere’s disqualification accusing the Zimbabwe Electoral Commission (Zec) of violating the Electoral Act by accepting his nomination papers when he had been out of the country for 18 months.

The High Court ruled in Mangwana’s favour, forcing Kasukuwere to approach the Supreme Court and ConCourt.

As he battles to have his name included on the ballot paper, Kasukuwere filed another High Court application on Monday demanding that President Emmerson Mnangagwa should proclaim new election dates in terms of the law following his disqualification.

“After my disqualification which was not confirmed by the Constitutional court as per sections 167(3) of the Constitution, I remain a presidential candidate,” Kasukuwere submitted through his lawyers.

“In terms of section 107 read together with section 108 of the Electoral Act after my purported disqualification there must be a new proclamation from 4th respondent and sitting of the nomination court again. This was not done thus I have cited the fourth respondent of these proceedings.”

Kasukuwere cited the Zimbabwe Electoral Commission (Zec), Attorney-General Prince Machaya, Justice minister Ziyambi Ziyambi, Parliament and President Emmerson Mnangagwa as respondents.

 “This is an urgent court application seeking a declaratory order to the effect of Statutory Instrument 140A of 2023 (Alteration of periods). Regulations are unconstitutional and must not have any force or effect for the purposes of harmonised elections set for the 23rd August 2023,” he added.

Kasukuwere said the election date would negatively affect him if it is not changed.

“I will suffer irreparable harm if these regulations are used in the forthcoming elections. The elections are set to be held on the 23rd of August 2023. There is no time for this matter to go via the ordinary chamber book,” he said.

“I have become aware that post the proclamation of the elections set for the 23rd of August 2023 and on 3rd of August 2023, the 1st respondent joining in chorus with 3rd respondent promulgated a statutory instrument that amends an Act of Parliament, the Electoral Act.

“I aver that the statutory instrument is unconstitutional as it violates the supreme law of the land in particular section 157(5) of the Constitution which forbids new laws to regulate an election that will have been called already.”