You are offside, Mugabe told

HARARE - Expelled former Zanu PF bigwig, Kudakwashe Bhasikiti, is taking President Robert Mugabe, pictured, on for going ahead with the proclamation of by-election dates for the Mwenezi East Constituency, saying this is “patently unconstitutional”.

In an urgent chamber application, in response to the nonagenarian’s move last week to announce through a government gazette the dates, July 20 and September 19, for the nomination court and by-election in Mwenezi, the former Masvingo provincial minister says this is a clear breach of the Constitution.

By launching his urgent chamber application, Bhasikiti wants the court to set aside the sitting of the nomination court before his case challenging his expulsion from Zanu PF is heard, saying that proceeding with the by-elections would be in violation of both his rights and the Constitution.

He scored a minor victory last month when the Constitutional Court directed that by-elections for the constituency “should not be held before the resolution of the dispute on the legality or otherwise” of his expulsion from Zanu PF.

However, and despite that court order, Mugabe went on to proclaim July 20 as the date of the sitting of the nomination court and September 19 as the day that the by-election would be held.

But Bhasikiti’s lawyer, Tonderai Bhatasara, is arguing the proclamation of the electoral dates “would prejudice the applicant seriously in that this matter would not have been heard before the 20th of July”.

“The proclamation, thus, denies the right of the applicant to pursue his rights as guaranteed and ordered by the Constitutional Court and protected by the Constitution of Zimbabwe.

“Equally in the event that the applicant was to lose, making the Constitutional Court sit on the 20th of July would mean that he would have been denied his rights guaranteed by Section 67 of the Constitution to participate in the elections,” Bhatasara says.

High Court judge Chinembiri Bhunu reserved judgment on the matter last week where Bhasikiti was challenging his expulsion from Zanu PF.

“Moreover, the proclamation (Mugabe’s) is patently unconstitutional in that the date of the election has been fixed way outside the 90 days as provided by Section 159 of the Constitution of Zimbabwe.

“I have no doubt that should the nomination court sit on the 20th of July 2015 and should this court not afford the applicant protection set from this order, then quite clearly, the applicant will have no other remedy,” Bhatasara adds.

In his affidavit Bhasikiti says his rights as a citizen have been breached by Zanu PF which he argues expelled him without following due process.

“The effect of fixing the date of the nomination court to sit on 20th of July effectively defeats the rule of law, in particular my right to be heard. The Constitutional Court recognised that I had this right to due process and that I had to be heard.

“The first respondent (Mugabe), in making proclamations, is thus in clear violation of my rights. I contend further that the first respondent is obliged to respect the doctrine of separation of powers. He is obliged to respect the superiority of this esteemed court,” Bhasikiti says.

The Mwenezi East legislator added, “I contend that the Constitution and no one else, including the first respondent, is the supreme law and authority of the country”.

Comments (13)

Bhasikiti is a million % right here . His argument is very sound and well calculated only that we are living in a lawless society where the big cock is a law unto himself.

Gondohwe - 8 July 2015

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lovemore - 8 July 2015

Bhasikiti is very dull. Biti is ripping you boy achinokunyepera kuti tichawina tichawina

simweena bantu - 8 July 2015

Basikiti is very stupid , why should he force matters , Zanu pf fired him because they don't want him anymore , he should just except it Mugabe is above the law and he is living on contempt of court since 2000 . Why should he complain , when he was told not to evict the Tokwe Mukosi flood victims by the same courts he ignored , today he is now speaking of the rule of law , he is now feeling cold out of ZPF , its only the starting point muchaona kuti maidzvanyirira vanhu , today we are now sailing in the same boat its only that us , we are used .

Mudhara - 8 July 2015

It has taken Bhasikiti to be booted out of Zanu PF to suddenly realize that Zimbabweans have no rights at all!!! Even Mugabe himself sometimes oppresses himself. He cannot afford his old self the rest that is a right to a nonagenarian. No rule of law. The constitution is just a piece of paper!!!

Tsholofelo - 8 July 2015

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CARTRIDGE GALLERY - 8 July 2015

The FALL out between mgabe and bhasket has an obvious judgment but very importantly is the point that the case affords us locally and internationally the opportunity to prove what sane citizens of this oppressed nation and the planet at large, have always lamented, that zanu pf and mugabe in particular, are the law unto themselves.PROVE US WRONG TIONE IF THERE IS DEMOCRACY OR DEMOCRASH HERE

exposure - 9 July 2015

Nhai Bhasikiti, chaurikuda chii? Chii chawakaita chiri kuita kuti uvavarire kuve muparliament? You are now feeling the pinch. Life outside is tough my friend. No deals, no free benefits, ordinary people are now not fearing you as they take you like any other citizen. I don't see the normal reason you still want to cling on. Of cause there is law to be adhered to but sometimes one wonders what they would be fighting for. Kupenga chete uku.

dzidzo - 10 July 2015

Zpf is like a dung ball,and this useless empty Basket is one of the dung bettles that have benefited through Zpf distructive polices .No wonder why he's behaving like dung bettle that has been forcibly removed from the dung ball. Ngaatibvire kumhepo,aakuona kuipa kwebato rake nhasi,nhasi ? DAI VAMBOMUBATABATA MA PARTS so that he will know for sure that zvavaiitira vamwe zvakaipa.

Bob Step Down - 11 July 2015

Raunoitira vamwe ndoraunofawo naro....there is no rule of law in Zim....lets he pack his bags and leave Zanu PF....otherwise tomufusira

Zvidzidzo - Harare - 12 July 2015

Ronanaka richakweva rimwe...rokweiwa hanzi angu akuzara dust.....ndozvamaiitira vamwe muri kuZanu PF nhasi zvashata monongedzana netuzvigunwe tibvirei kumhepo......

Uchadzidza - Gokwe - 12 July 2015

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