Con Court back in session to make ruling on Kasukuwere’s appeal

The Zimbabwe Constitutional Court (ConCourt) has resumed to deliver its ruling on the crucial case involving independent presidential election candidate Saviour Kasukuwere’s application for direct access in the superior court of record.

Contrary to earlier reports that the court had in fact adjourned indefinitely, the ConCourt had actually adjourned to consider matter before coming back with a ruling.

Kasukuwere is challenging his disqualification from contesting in the August 23 elections.

The High Court judgement barring him was confirmed by the Supreme Court on appeal.

This followed a High Court application by Zanu PF activist Lovedale Mangwana, whose political action benefits President Emmerson Mnangagwa, seeking to block Kasukuwere from the race, saying he was no longer a registered voter since he has been out of the country for 18 consecutive months.

Justice David Mangota ruled in Mangwana’s favour amid uproar in judicial and political circles.

The judgement was widely criticised as misdirected as Mangota put the burden of proof on Kasukuwere and went on to effectively remove him from the voters’ roll without following laid down procedure.

Judges have no power to strike voters out of the roll, but Mangota arbitrarily went on to do so effectively.