NewsZimElections2023

High Court reserves judgement in Masarira presidential candidacy case

The High Court Judge, Justice Gladys Mhuri has reserved judgement in the matter where the Labour, Economists and African Democrats (LEAD) party leader Linda Masarira is challenging the rejection of her nomination papers.

Masarira had made an appeal challenging the decision of the Nomination Court to reject her nomination as a presidential candidate after she failed to raise the required US$20 000 fee.

Masarira wanted to pay using real-time gross settlement, but the presiding insisted on cash or payment through the ZimSwitch Instant Payment Interchange Technology (Zipit) system.

In her court papers, she cited the Presiding Officer of the nomination court as the first respondent, the second respondent being the (ZEC) Chief Elections Officer, the third respondent being the Chairperson of the Zimbabwe Electoral Commission, the fourth respondent being ZEC, the fifth respondent being Emmerson Dambudzo Mnangagwa, the sixth respondent being Nelson Chamisa, seventh respondent is Douglas Tagaraseyi Mwonzora, eighth respondent is Lovemore Madhuku while the ninth respondent is Saviour Kasukuwere.

In an interview with CITE, her lawyer, Andrew Makoni of Mbidzo, Muchadehama and Makoni legal practitioners said the judgement was reserved.

“So, judgement in the matter has been reserved by Justice Mhuri. We filed heads on Friday and Zimbabwe Electoral Commission (ZEC) given until tomorrow to file heads. So, the respondent number 1-4 then asked for time to also file their head of argument. They will have the opportunity to file their heads of argument by tomorrow 3pm,” said Makoni.

He said if there are any issues arising for the heads of argument, they have been given an opportunity to file supplementary heads of argument.

“After the filing of supplementary heads of argument, the judge will determine whether there be need of oral argument on the matter, if she feels that there is need for oral argument, she will then call the parties to argue on the restrictive points that she may want us to address on and otherwise she will be ready to give a judgement on the matter,” said Makoni.

He added, “She reserved the judgement, she didn’t indicate, obviously it depends on all the papers that we are filing so that she can make a determination.”

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