Bhasikiti's appeal dismissed

HARARE - High Court judge Chinembiri Bhunu yesterday dismissed former Masvingo Provincial State minister Kudakwashe Bhasikiti’s appeal challenging his expulsion from Zanu PF.

Mugabe’s lawyer Terence Hussein had opposed Bhasikiti’s application on the basis that he had failed to exhaust internal remedies to resolve the issue and that he had failed to comply with court rules, further arguing that the High Court did not have jurisdiction to hear the matter.

“Finally, recourse to domestic remedies is a less complex and faster process that relieves the applicant of the complexities and controversies of the need to seek leave to sue the first respondent as head of State,” Bhunu ruled yesterday before dismissing Bhasikiti’s application.

“I come to the conclusion that the applicant has prematurely approached this court before exhausting his domestic remedies at his disposal.”

Bhasikiti, who was Mwenezi East Zanu PF National Assembly member, was expelled alongside other Zanu PF stalwarts on May 21 this year for his alleged involvement in a plot to topple President Robert Mugabe.

Bhasikiti, who was represented by Tendai Biti, had approached the High Court seeking a review of Zanu PF’s decision to expel him.

Bhunu yesterday said that Zanu PF was a political party with its own constitution that has disciplinary measures comprising an elaborate system of review and appeal procedures.

Bhunu said that according to the party’s constitution, the Central Committee had the powers to review or amend the decision of the national disciplinary committee.

“It is clear that the party constitution provides the same remedy that the applicant is seeking in this court in the form of a review,” Bhunu said.

He said when Bhasikiti joined Zanu PF, he freely and voluntarily elected to be bound by its constitution, adding that the former MP should have exhausted all the domestic remedies before approaching the court.

“The exhaustion of domestic remedies before approaching the courts is a well-known administrative law principle,” Bhunu said.

“It is self-evident that this court has no appeal jurisdiction as it is limited to its review jurisdiction. Domestic remedies have therefore, a clear advantage over this court in that the Central Committee …is clothed with both appeal and review jurisdiction.”

He said domestic remedies are used to avoid the mischief of clogging the courts with matters that can be resolved at party level.

Bhunu downplayed Bhasikiti’s argument that Mugabe chaired the Central Committee and as such could lack fairness in handling the case.

“The law is however very clear that no man shall be a judge in his own case,” Bhunu said.

“I take judicial notice that the first respondent (Mugabe) is an educated man who is unlikely to insist on presiding over a case in which he has a personal interest.”

Comments (6)

It is only that the judge was told to deliver such a judgement by the powers that be . this is not cominng form his professional practice but form the powers that be. If it were the opposition party the judgement would be different . Fucken judgement, juggernaut, mis.... i better reserve my words .

Lost in the dark - 10 July 2015

Bhasikiti vs Zanu - abayiwa ngaabude! I di not sympathse with every ejected zanu member from JTR to bascket case. Handinunudzi maper arikurwa infact I say,'fight yacho ngaipere rimwe rafa and rinosara riribenyu ngarinoite kafiramberi' mbudzi nehwayi zvoita safe!

SaManyika Chaiye - 10 July 2015

Ukavona nyaya yatongwa namutongi gava weZANU PF Chinembiri Bhunu ziva haukunde dzinenge dzichingova shungu dzebere kutevera madhongi akasungwa . Bhunu uyo muZANU akakwana anozivikamwa chine mweya chimunhu ichechi

MukarangawekuMberengwa - 10 July 2015

how can a former Zanu PF thug Bhunu pretend as if he doesn't know his Zanu PF? he has been working for them and with them to destroy our beautiful country but today he prtends as if he has clean hands..., mukati hakuzi kuchemera kugara muZANU kt arambe achiba? he didnt learn from Mtasa and Gumbo, what did he thnk was special with his case? He ws expelled by Zanu, and the matter was reported to "Zanu pf Court" presided over by a "Zanu pf judge", what did he think will be of him? kunyengerana naBiti

inini - 11 July 2015

i wanted to say Bhasikiti when i said Bhunu, I am sorry about that. its Bhasikiti

inini - 11 July 2015

bhasikiti wakanyanyodyiswei ne zanu kutoisa nyaya kucourt ye zanu you are a psychiatic case, rima mbambaira unyerere.

chitsiga - 13 July 2015

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