Constitutional Court Dismisses Kasukuwere's Presidential Nomination Challenge
The Constitutional Court on Tuesday dismissed Saviour Kasukuwere’s application for direct access to set aside a Supreme Court judgment that upheld the nullification of his nomination as a presidential candidate by the Harare High Court.
The three-member bench, led by Deputy Chief Justice Elizabeth Gwaunza, sitting with Justices Paddington Garwe and Rita Makarau, ruled that Kasukuwere’s application for direct access was a disguised appeal and, therefore, not properly before the court. The ruling brings to an end a case that has raised substantive and critical questions concerning the constitutionality of the Electoral Act, voter deregistration by operation of law, the protection of the right to vote, and the meaning of “ordinarily resident in Zimbabwe.”
Kasukuwere has expressed his intention to appeal the Supreme Court judgment, but with only 14 days to go before polling day, time is running out for open-ended court battles. The unresolved substantive constitutional questions raised by the case, compounded by inconclusive nomination challenges in the courts, have damaged the credibility of the election, according to former Information minister, Professor Jonathan Moyo.
Kasukuwere’s chief election agent and spokesperson Jackie Sande says they are going back to the Supreme Court to file an application seeking leave to appeal its judgement which upheld the High Court ruling barring Kasukuwere from contesting the election.
Responding to the constitutional court decision, Kasukuwere said:
We have noted the judgement and interestingly it opens new avenues for us to appeal the SC judgement and luckily we are still within time. As long as the court rooms are open, it’s game on until the Fat lady sings. Prof Wel Ncube, Adv Method Ndhlovu, Adv Mutero and team well done. Battles are lost but not the WAR. We fight on.
Jaqueline Sande stated that they are fighting to get Kasukuwere on the ballot paper and ensure a credible election outcome. There are concerns that MDC leader Douglas Mwonzora, who withdrew his candidature recently, may be on the ballot paper, indicating that the Zimbabwe Electoral Commission (ZEC) printed before Kasukuwere’s case was resolved.
Kasukuwere presented himself as a third option in a race largely seen as a toss-up between Mnangagwa and Nelson Chamisa. Some political analysts believe that his announcement of running for the presidency was directed at ZANU PF members disgruntled with Mnangagwa, particularly those who were pro-Robert Mugabe before the November 2017 coup.
