Independent presidential candidate Saviour Kasukuwere is going ahead with his fight for the presidency and has submitted an urgent application at the Constitutional Court (ConCourt) where he wants the court to confirm that the High Court order barring him from running is null and void until confirmed by the higher court.
According to his court papers, Kasukuwere also wants the Zimbabwe Electoral Commission (ZEC) to include his name on the ballot paper amid allegations that the commission has already printed ballot papers leaving him out.
In his urgent court application for a declaration of constitutional invalidity in terms of Rule 15 of the Constitutional Court rules, Kasukwere said Lovedale Mangwana, cited as the first respondent, obtained an order of constitution invalidity from the High Court whose decision was that he is “not entitled to stand as a presidential candidate in the forthcoming election.”
Kasukuwere said this order has not been confirmed by the Concourt in terms of Section 167 (3) of the country’s constitution.
“On August 3, the applicant became aware of the fact that the second respondent (ZEC) acted in accordance with the High Court judgment notwithstanding that it has not been confirmed by the ConCourt and for that reason has no force or effect,” read the application.
Kasukuwere also claimed that ZEC has printed presidential ballot papers excluding him and is about to distribute them for postal voting.
“The second respondent has printed presidential ballots excluding the applicant and is about to distribute such ballots to those entitled to exercise postal voting,” read the application.
MDC-T leader Douglas Mwonzora who withdrew from the presidential race citing the polls as a sham, also alleged that ZEC had already printed ballot papers yet Kasukuwere had a pending legal case.
Mwonzora is currently embroiled in a row with ZEC, which maintains that he missed the 21-day withdrawal notice period from the elections and his name shall appear on the ballot paper.
This is despite Mwonzora’s insistence that he is out of the race and his name should not be on the ballot.
This has powered Kasukuwere’s team to say ZEC as well as the courts are compromised because they were ‘confident’ of an outcome which excludes Kasukuwere and allegedly proceeded with printing of ballot papers.
ZEC had not answered written questions from CITE on whether the commission had begun printing ballot papers, as directed by its Director of Public Relations Justin Manyau.
