via Bhasikiti explusion challenge tomorrow – NewsDay Zimbabwe July 1, 2015
Mwenezi East MP Kudakwashe Bhasikiti’s court application seeking to challenge his expulsion from Zanu PF is now set to be heard tomorrow by High Court judge Justice Chinembiri Bhunu.
BY CHARLES LAITON
The parties cited in the application met in Justice Bhunu’s chambers yesterday where the matter was supposed to be heard, but submissions could not be presented after it emerged the parties had not submitted their heads of argument before the judge.
Justice Bhunu then ordered both parties to submit their heads of argument before the matter could be heard tomorrow.
Bhasikiti’s High Court matter will be heard following his victory in the Constitutional Court last week where the court barred President Robert Mugabe and Zanu PF from calling for by-elections in Mwenezi East until finalisation of his [Bhasikiti] matter.
In its judgment, the court issued an ultimatum that the High Court and the Supreme Court, if need be, should ensure that Bhasikiti’s matter was resolved by July 31 this year to enable the sitting of a Nomination Court within the prescribed constitutional period in the event of a proclamation of the election date by Mugabe.
In his court application filed at the High Court last month, Bhasikiti vowed he would stay put in the party which he operated under after “joining the liberation struggle in 1976 as a war collaborator and abandoned school to pursue the quest for independence on a full-time basis”.
“I was expelled by the politburo. The politburo is near the secretariat of the central committee. It does not have any powers of expulsion. Thus the decision to expel me is grossly irregular in that the politburo that expelled me, does not have such powers in terms of the respondent’s constitution,” Bhasikiti said in his founding affidavit.
Through his lawyer, Tendai Biti, Bhasikiti further said Zanu PF’s move to expel him and other members from the party was null and void because he was never given an opportunity to explain and defend himself from any allegations.