via Bhasikiti has his day in court | The Herald June 30, 2015
THE High Court will today hear the case in which former Zanu-PF Politburo member Mr Kudakwashe Bhasikiti is challenging his expulsion from the revolutionary party.
Mr Bhasikiti, an erstwhile minister of State for Masvingo Provincial Affairs, was fired alongside several others on May 21 this year for alleged involvement in a plot to topple President Mugabe.
Through his lawyers, Tendai Biti Law Chambers, Mr Bhasikiti filed a review application at the High Court arguing that due process was never followed in his dismissal from the party and that the decision be nullified.
President Mugabe and Zanu-PF are listed as First and Second respondents in the court application.
Registrar of the High Court Mr Sithembinkosi Msipa confirmed that the case had been set down for today before Justice Chinembiri Bhunu.
This followed a Constitutional Court order compelling the Registrar of the High Court to urgently set down the case to ensure the dispute is resolved by July 31 this year.
Mr Bhasikiti, in his founding affidavit, argued that his constitutional rights were infringed upon and that the decision should be nullified.
“The decision to expel me, taken by the second respondent in a meeting chaired by the first respondent, is null and void. For starters, I was never subjected to the benefit of due process,” Mr Bhasikiti said.
“I was not charged of any offence and have not received any notice of any charge against me. I have not appeared before any disciplinary hearing, I have not given my side of the story. I do not even know why I have been expelled,” reads the affidavit.
Mr Bhasikiti said he had a right to be given reasons for the expulsion.
He argued that the Politburo that fired him had no authority to make such a decision.
“I was expelled by the Politburo… 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 (Zanu-PF) constitution,” he said.
Mr Bhasikiti said the Administration of Justice Act was breached because he was not given adequate notice of the nature of the charges, reasonable opportunity to make representations and adequate notice of right of review or appeal.
He further argued that all the Politburo members who decided his case were biased.
Mr Bhasikiti argued that his right to due process and protection of the law enshrined under Section 56 (1) of the Constitution was violated.
To that end, Mr Bhasikiti is seeking a declaration that his rights were violated.
He also argued that his right to administrative justice under Section 68 of the Constitution of Zimbabwe was also breached.
Mr Bhasikiti said Zanu-PF even failed to follow its own constitution in expelling him.
He said his perceived alignment to Dr Mujuru also caused his expulsion from Government where he was Masvingo Provincial Affairs Minister.