LAWYERS representing exiled independent presidential candidate Saviour Kasukuwere on Friday said Zanu PF members seeking to block him from running in the August 23 elections have the option of de-campaigning him than approaching the courts.
Kasukuwere last month successfully filed his nomination papers to contest against President Emmerson Mnangagwa and 10 other presidential candidates, including Citizens Coalition for Change (CCC) leader Nelson Chamisa.
A Zanu PF member Lovedale Mangwana has, however, launched a court challenge seeking to have the former ruling party commissar’s candidature rejected because he has been out of the country for more than 18 months.
According to Mangwana, Kasukuwere has to be disqualified from running for presidency in line with the constitution and electoral laws.
While arguing in chambers before High Court judge Justice David Mangota, Mangwana's lawyer Lewis Uriri said if one ceases to be ordinarily resident in Zimbabwe, they lose the right to qualify as a voter.
“An allegation has been made, he has been out of the country for over 18 months and he does not deny that,” Uriri submitted.
“A passport holder is not necessarily a resident.
“The question is: has he been in the country for 18 months?
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“The issues that are before the court have been decided by the Constitutional Court (Gabriel Shumba).
“The key jurisdictional fact has been made and disqualifies him.”
Kasukuwere's lawyer Edith Utete said there was no proof that his client had been out of the country during the mentioned period.
Utete also argued that Mangwana had no legal standing to approach the High Court to say his rights had been infringed.
“He has a simple remedy and that is to not vote for him,” Utete said.
“He can also de-campaign him. He has no injury.
“Let's assume that the court does not grant the order, will he lose anything?
“The applicant does not have the locus standi to approach the court.”
Utete added: “At law, he who alleges, must prove. The first respondent (Kasukuwere) has not come to this court to seek a relief.
“It is the applicant who must seek relief.
“Mangwana bears the onus to prove every positive allegation he makes.”
Utete said Mangwana should provide proof that Kasukuwere had been out of the country for more than 18 months.
"I dare him to indicate otherwise. There is a positive averment, which is made,” Utete said.
"The law submits that a voter can temporarily leave his jurisdiction.
“Section 23 of the Electoral Act provides for the residency' issue.
“No evidence has been provided to prove the evidence that he has been absent for 18 months.”
Utete said the decision of the nomination court to accept Kasukuwere’s bid cannot be faulted.
He said Kasukuwere's temporary absence on medical issues will not make him a victim of section 23 of the Electoral Act.
Utete submitted that there was no law that removed the name of the candidate from the list when it had already been gazetted.
