A Zimbabwean citizen, Lovedale Mangwana has filed a High Court application seeking to bar former Zanu PF national political commissar, Savior Kasukuwere from participating in the upcoming presidential elections scheduled for August 23, 2023.
According to Mangwana’s founding affidavit, Kasukuwere has been residing outside the country for more than 18 consecutive months, rendering him ineligible to run for office.
In his application, Mangwana argues that under Section 23(3) of the Electoral Act, Kasukuwere should no longer be considered a registered voter since he has not been a resident in any constituency within the Republic of Zimbabwe for the required period.
“He (Kasukuwere) is not a registered voter in that: (a) he has not been resident in any constituency in the Republic of Zimbabwe for a period in excess of 18 consecutive months, and (b) his name cannot, by that circumstance, be retained on the voter’s roll.
“In the applicant’s view, this period per se means that by operation of law as enacted by Section 23(3) of the Electoral Act, the first respondent (Kasukuwere) has ceased to be a registered voter. Applicant further contends that not being a registered voter, and in his reading of provisions of Section 91(1)(d) of the Constitution of Zimbabwe, the first respondent does not qualify to be a candidate for election to the office of the President of the Republic of Zimbabwe,” said Mangwana
Mangwana expressed confusion regarding the acceptance of Kasukuwere’s nomination papers by the Nomination Court, which sat on June 21, contrary to the date mentioned in the application.
“Given this view, the applicant (Mangwana) is puzzled that the Nomination Court which sat on 22 June 2023 (actually it sat on 21 June) accepted first respondent’s nomination paper such that he is now a recognized candidate for election to the office of President of Zimbabwe in the election set for 23 August 2023.
“In the application, applicant (Mangwana) seeks a declaration to the effect that this decision of the Nomination Court is a violation of section 91 (1) (d) of the Constitution of Zimbabwe as read together with paragraph 1 (2) of the Fourth Schedule thereto and as further read together with section 23 (3) of the Electoral Act. He wants the decision declared to be a violation of his constitutional rights as set out in section 67 (1) (a) and 67 (3) (a) of the Constitution of Zimbabwe. In effect, he wants an order to the effect that first respondent (Kasukuwere) cannot be a candidate for election to the office of President of Zimbabwe in the 23 August 2023 elections.” read the application.
The legal challenge has been viewed by many as a political gimmick by the ruling Zanu PF to frustrate Kasukuwere who was a party national political commissar under the leadership of late President Robert Mugabe before the November 2017 military coup that ushered in the Mnangagwa administration.
