via Bhasikiti sues Mugabe again – DailyNews Live 19 June 2015
HARARE – Former Masvingo Provincial State minister Kudakwashe Bhasikiti Chuma has filed an urgent chamber Constitutional Court (Con-Court) application seeking to bar President Robert Mugabe from calling for a by-election in his constituency.
Bhasikiti, who was Mwenezi East National Assembly member, was ejected from Parliament last week, following his expulsion from Zanu PF.
The Con-Court application comes barely a week after he filed two other High Court applications in which he sought to bar House of Assembly speaker Jacob Mudenda from declaring his seat vacant and another wherein he challenged his expulsion from Zanu PF.
“I contend that the actions (of expelling him from Parliament) of the second (Zanu PF) and third respondent (Mudenda), of proceeding to act in the manner they did, when they knew that the matter was to be heard by the High Court of Zimbabwe on the following day, was a flagrant breach of constitutionalism and the rule of law,” he said.
He said there was no alternative recourse if Mugabe and the Zimbabwe Electoral Commission were to proceed in announcing a by-election date for his constituency.
“I believe that, it would be wrong and unconstitutional and indeed a breach of my fundamental rights to protection of the law, if a by-election were to be called for and proceeded upon, when my application has not been heard,” Bhasikiti said.
In the application, Bhasikiti, who is represented by Tendai Biti, said he did not receive any formal communication on the decision to expel him from the party.
He further made reference to the High Court applications, adding that due process was not followed when a decision to expel him was made.
“I have not received any charge. My own side of the story has never been heard or ventilated by anybody even up to now I am unaware of the reasons why I have been expelled,” he said.
He argued that his rights were violated in a manner that breached what is expected in terms of the party’s constitution.
“In short, second respondent (Zanu PF) is guilty of blatant, fascist and illegal actions,” he said.