The Daily News reports that the Supreme Court is on Thursday expected to make its ruling on MDC leader Nelson Chamisa’s appeal against High Court judge Justice Edith Mushore’s ruling in May this year, which nullified his taking over the presidency from the late Morgan Tsvangirai.
In their appeal to the Supreme Court against Justice Mushore’s ruling which invalidated Chamisa’s MDC presidency, the party’s lawyers argued:
The court a quo erred in coming to the conclusion that first appellant (MDC) was barred for failing to file an opposing affidavit and so erred in treating a valid affidavit deposed to by third appellant (Morgen Komichi) as pro non scripto (as though it had not been written) and in proceeding to determine the matter without hearing the first appellant.
A fortiori the court a quo erred in proceeding in a manner which is in violation of the first appellant’s constitutionally protected right to be heard before an independent and impartial court as envisaged by Section 69 (2) of the Constitution of Zimbabwe, 2013.
Justice Mushore handed down the ruling a few weeks before the MDC was scheduled to hold its elective congress. Chamisa was eventually nominated president by all the party’s structures.