Story by Fungai Jachi, Courts Reporter
PRESIDENTIAL aspirant Saviour Kasukuwere has filed an urgent application of a declaration of constitutional invalidity of the High Court order that barred him from contesting the August 23 polls.
Kasukuwere is arguing that the order has not yet been confirmed by the Constitutional Court, hence it cannot be affected.
Kasukuwere, who filed the application at the Constitutional Court, argues that the election management body is printing the ballot paper to be used in postal voting which excludes him, yet the High Court order has not been confirmed in accordance with the Constitution.
This comes at a time the High Court is this Friday expected to entertain Kasukuwere’s application seeking nullification of a Statutory Instrument which amended the Electoral Act on postal voting.
Kasukuwere is challenging Statutory Instrument 140 which amended section 75 subsection (1) (d) of the Electoral Act to allow the chief elections officer to receive postal votes not later than three days before the voting day instead of 14 days.
Speaking after the case management session this Wednesday, Kasukuwere’s lawyer Mr Method Ndlovu said the court noted the urgency of the matter.
“So the court will hear the matter on Friday and we are glad that the Judge noted the urgency of the matter. We are expected to have filed our submissions by Thursday and we will argue the matter on Friday,” said Mr Ndlovu.
The latest development comes after the Constitutional Court dismissed Kasukuwere’s application for direct access to the court on the basis that it. was a disguised appeal not properly brought before the court.
