HARARE – The High Court has nullified Saviour Kasukuwere’s nomination as a Presidential candidate and ordered ZEC not to include him on the ballot paper.
The judge reading the operative part of the judgment highlighted that the decision of the nomination court was a violation of section 91,
He also highlighted that the decision is in violation of the applicant’s rights.
The judgment said Kasukuwere is not a candidate for the 2023 presidential election and ordered that ZEC not to include Kasukuwere on the ballot.
High Court Judge Justice David Mangota ruled that Kasukuwere was out of the country for over 18 months and therefore ceased to be a registered voter.
Zanu PF supporter Lovedale Mangwana had approached the court seeking an order to set aside the decision to accept Kasukuwere’s nomination papers by the Zimbabwe Electoral Commission (ZEC).
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He argued that this was done in violation of section 91 of the Constitution.
In his founding affidavit, Mangwana also said the Electoral Act does not allow a candidate who has been out of the country for over 18 months to contest for president.
“I submit that the decision to accept the first respondent’s nomination paper is in breach of section 91 (1) (d) of the Constitution and invalid,” he argued.