FORMER Zanu PF political commissar Kasukuwere has filed an application seeking direct access to the Constitutional Court following the dismissal of his appeal by the Supreme Court last week.
Kasukuwere seeks to be back on the ballot paper as a presidential candidate after he was removed by the High Court following an appeal by Zanu PF activist, Lovedale Mangwana.
Mangwana last month filed an appeal at the High Court challenging the Zimbabwe Electoral Commission's decision to accept Kasukuwere's nomination papers.
He argued that Kasukuwere ceased to be a registered voter at law, having spent over 18 months out of the country.
High Court judge David Mangota upheld Mangwana's application prompting Kasukuwere to appeal at the Supreme Court where his application was thrown out for lack of merit.
Aggrieved, Kasukuwere has taken up the matter to the Constitutional Court where he is seeking direct access.
The matter is yet to be set down for hearing.
In his application, Kasukuwere said he never ceased to be a Zimbabwean adding that a constitutional matter has arisen after the Supreme Court dismissed his appeal.
He also insisted that the High Court had jurisdiction to hear Mangwana's application.
"My constitutional rights as enshrined in s67 of the Constitution were shredded and infected by the Supreme Court in all respects. In fact, the Supreme Court rendered a patently wrong judgment that constitutes an abdication of its judicial function which it must perform judiciously and in a non-capricious manner.
"I aver that as a Zimbabwean who has never on any day relinquished his residence status or citizenship, I cannot be barred from participating in an election in which I was duly nominated for by the Zimbabweans.
"Such a doing affects undoubtedly on my rights as a person. I have always remained a Zimbabwean citizen and resident as always. It is mind-boggling how a finding was reached by the Supreme Court that I be disqualified from partaking in an election that is people centered and never to be controlled by the judiciary.
"It is a violation of my political right to participate in an election and eventually hold office if elected. My disqualification by the High Court as confirmed by the Supreme cuts across this without any justa causa of doing so," he said.
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Kasukuwere said he must therefore be given audience by the Constitutional Court by granting his application for direct access.
"Critically, there is no order directing the second respondent to remove my name from the voters' roll. As such, my name has been retained on the voters' roll. On that account, the order that I cannot participate in the election is not underpinned by anything," he said.
Kasukuwere said it was evident that the High Court had effectively taken over ZEC's mandate to run elections.
"Mangwana filed the wrong application, he ought to have attacked my retention on the voters' roll and not attacked my candidacy.
"I aver with respect that the dispute that has been brought to the High Court emanated from the process that was done in terms of the Electoral Act.
"As such, it is only the Electoral Court that could deal with the dispute and not the High Court," he said.
