Jim Kunaka Approaches Constitutional Court Over Kasukuwere's Disqualification

Former ZANU PF youth leader, Jim Kunaka, has approached the Constitutional Court, challenging a High Court ruling that was upheld by the Supreme Court barring Saviour Kasukuwere from contesting as a presidential candidate in the 23 August 2023 elections, reported The Standard.

In his application seeking access to the ConCourt, Kunaka said the ruling by High Court judge Justice David Mangota violated the constitutional right of voters to vote for their preferred presidential candidate. Kunaka said in his submission:

I nominated Saviour Kasukuwere as a presidential candidate. He was my candidate of choice.

It is my respectful contention that the decision of the court in question infringes on my right to choose a candidate of my choice to participate freely in politics as protected by sections 58 and 67 of the constitution of Zimbabwe.

The judgement of the court was a constitutional judgement pursuant to an application made by the first respondent in terms of Section 85(1).

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I, therefore, seek direct access to this honourable court to set aside the judgement in question on the basis that my constitutional rights have been infringed.

There are millions of people who will vote in that election, and there are thousands who will vote for Kasukuwere…

It is, therefore, in the overwhelming interest of justice that the judgement be set aside and that he be allowed to stand as a candidate in the forthcoming election.

Kunaka cited Lovedale Mangwana, the ZANU PF activist who challenged Kasukuwere’s candidacy resulting in his disqualification, Kasukuwere, the Zimbabwe Electoral Commission (ZEC), Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi, the Judicial Services Commission and Attorney General, Prince Machaya, as respondents.

Lawyer Dumisani Dube told The Standard that even though the application by Kunaka doesn’t stop the decision of the Supreme Court, the application was critical and urgent. Said Dube:

The application by Kunaka doesn’t stop the decision of the Supreme Court.

However, due to the importance of the matter in the constitutional jurisprudence of the country, the court may set the matter down urgently before the election date.

I also think Kasukuwere should have been the one who approached the Constitutional Court, as he had a direct and substantial interest in the matter and not a third party, who might not have the locus standi.

“Locus standi” is a legal phrase that means a right to appear in a court or before any body on a given question.

More: Pindula News