via Mutasa, Mliswa’s application urgent: Chief Justice rules – NewsDay Zimbabwe March 17, 2015 BY Charles Laiton
CHIEF Justice Godfrey Chidyausiku yesterday ruled that the court application filed by former Zanu PF secretary for administration Didymus Mutasa and his nephew Temba Mliswa, challenging their expulsion from Parliament, was urgent and as such should be heard on April 1 before the courts take a break.
The two former Zanu PF politicians filed an urgent application early this month following their dismissal from the ruling party as well as the House of Assembly where they represented Headlands and Hurungwe West constituencies, respectively.
Their lawyer Tafadzwa Mugabe told NewsDay yesterday that Justice Chidyausiku had indicated that he wanted the matter dealt with as a matter of urgency.
“The Chief Justice ruled that the matter is urgent and has set April 1 2015 as the date for the hearing. What this means is that between now and that date respondents have to file their notice of opposition by the 20th of March and if need be we will also file our answering affidavits by the 23rd of March,” Mugabe said.
“We are expected to file our heads of argument on the 24th of March and the respondents are expected to file theirs by the 26th of March with the matter being heard on April 1 before the court takes a break.”
A nomination court for by-elections is expected to sit on April 8, as government makes a move to fill the vacant seats in the House of Assembly, with the voting set for June 10 this year.
In their court application, Mutasa and Mliswa claim their rights to equal protection of the law were infringed upon by their expulsion from the House.
They also argue they have a right to stand for any election for public office and seek the court to declare their expulsion a nullity.
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