Dream deferred: Supreme Court quashes Tyson’s dream of occupying State House

Harare: THE Supreme Court has Friday thrown out independent presidential aspirant Saviour Kasukuwere’s appeal against disqualification from running for president in the upcoming August 23 polls.

‘We carefully considered the evidence and oral submissions by both counsels. Court is of view the appeal lacks merit. Appeal be and is hereby dismissed.’

Harare lawyer Lovedale Mangwana who brought the original suit, had prayed for the appeal to be heard as a matter or urgency.

ZEC became involved since they wanted the final ballot paper to be printed soon .

decision by the High Court last week that Mr Kasukuwere was no longer a voter, and therefore, could not contest any election, was stayed the moment he filed his appeal with the Supreme Court.

The matter was heard by a panel comprising lead judge Justice Susan Mavangira and Justice Chinembiri Bhunu and Justice Felistas Chatukuta.

By close of business yesterday, Kasukuwere submitted his head of arguments to the application brought by Mangwana and ZEC .

In his urgent application, Mangwana sought the court to exercise its inherent jurisdiction to regulate and control the proceedings in the appeal and order its urgent set down, hearing and determination, citing the general public and national importance of the matter and the fact that the election is now less than two months away.

Mangwana last week won the first round of the legal battle to thwart Kasukuwere from entering the race for the highest office on the land after the High Court found his nomination was invalid as he had been absent from Zimbabwe for more than 18 months without being in one of the categories where this does not lead to being deleted from the voters roll.

Suspecting that Kasukuwere was unlikely to prosecute his appeal urgently, so in the normal course of events it was likely to be heard only after the election, Mangwana took it upon himself to make sure the appeal is brought forward to be decided ahead of the election, which is 35 days away.

He approached the Supreme Court on an urgent basis requesting for the appeal to be heard promptly.

A three-judge panel convened yesterday for case management.

After consultation with both parties’ lawyers, it was unanimously agreed to have the urgent chamber application.

In his ruling last week, High Court Judge Justice David Mangota disqualified Kasukuwere from contesting in the elections on the grounds that he was no longer eligible to be listed on the voters roll.

The law disqualifies a voter who has been absent for more than 18 months and Mr Kasukuwere had failed to prove he had not been absent from Zimbabwe for at least 18 months, which is a breach of the Electoral Act.

The judge said a certified copy of Mr Kasukuwere’s passport would have shown any entries into Zimbabwe that would have restarted the clock.

The judge also dismissed Kasukuwere’s statement that he was in South Africa for medical treatment, as there was zero supporting evidence, such as a medical report.

Other candidates are President Mnangagwa of ZANU PF, Joseph Makamba Busha of Free Zim Congress, Nelson Chamisa of CCC, Trust Chikohora of ZCPD, Blessing Kasiyamhuru of ZIPP, Professor Lovemore Madhuku of NCA, Wilbert Mubaiwa of NPC, Gwinyai Henry Muzorewa of UANC, Douglas Mwonzora of MDC and Wilson Harry Peter of DOP.