Form your own party, court tells Bhasikiti

HARARE - Chief Justice Godfrey Chidyausiku yesterday advised expelled Zanu PF legislator Kudakwashe Bhasikiti to form his own party, as the court could not mend a “broken marriage”.

As soon as Chidyausiku said this, the former Mwenezi East Member of Parliament had no option but to withdraw his constitutional challenge of President Robert Mugabe’s proclamation of September 19 as the date for a by-election in his former constituency.

The seat fell vacant after Bhasikiti, pictured, was ejected from Parliament following his expulsion from Zanu PF.

Bhasikiti’s withdrawal of his Constitutional Court challenge yesterday came three days before the sitting of the nomination court for the September by-elections.

The nine-member bench of the Constitutional Court dismissed with costs the embattled politician’s appeal to disqualify High Court Judge Chinembiri Bhunu’s ruling against his appeal challenging his expulsion from the ruling party.

“Where a relationship of two parties is irretrievably broken down, the court should not hold them together.

“The court, having considered the papers filed and submissions filed by counsel, has unanimously come to the conclusion that the appeal is without merit and dismissed with costs,” Chidyausiku said.

Bhasikiti was arguing that proper procedures were omitted when he was expelled from the ruling party, adding that he could not seek domestic remedies as this would have meant that he would be looking for recourse from the same people who had expelled him.

But Mugabe’s lawyer Terence Hussein opposed Bhasikiti’s application on the basis that he had failed to exhaust internal remedies to resolve the issue, in addition to failing to comply with court rules.

Yesterday’s end-of-the-road moment for Bhasikiti came after 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.

Comments (15)

Bhasikiti you were once told that you ARE IN THE WRONG BASKET by the president. If I were you I would have resigned from my post and go farming peacefully, but you decided to stick on where you were regarded as reactionary. Musoro wako wakaoma kana warambwa warambwa zvatopera. Then if you want to prove that you still have political stamina then go for by-elections as an independent, but as far as I can see it mari hausisina yapera nermaLawyers or money lowers-mowers ako. Wapfidza wakanyanya kuitira hutsinye kuvagari veTokwe Mukorsi Dam.

Josiah Nyamunda-Dube - 18 July 2015

Party belongs to people not to the president CJ.

Murena - 19 July 2015

Party belongs to people not to the president CJ.

Murena - 19 July 2015

Rinongovawo bhasikiti risina chinhu. Kuda kurambira mu ZANU PF iye munhu asingachidiwe nevamwe vake. Ndinofunga kuti imo mu ZANU PF macho munodyiwa makeke nemachokoreti zvekuti Bhasikiti iri rinotoda kufira riri mu ZANU PF. Hapana zvimwe zvekuita here nhai Bhasikiti?

chimbwido warvet - 19 July 2015

Well all know Chidlabusuku is employed to protect the interest of zanu so any case that has zanu and presided over this guy no one can win against zanu never over the dead body of Chidlabusuku .

Diibulaanyika - 19 July 2015

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CARTRIDGE GALLERY - 19 July 2015

Precedence being set.....So it means if an employee is unfairly dissimissed by an employer, there are no legal grounds to appeal thru the courts as the advise is' the employee should form his own company....'

Accolade - 20 July 2015

Bhasikiti is a Basket full of shit kuda Kuchallenger president gushungo.

musa dhenyula - 20 July 2015

all I can say is that such are vicissitudes within manastism and that's the ambiguite of being ambiguos

nhemachena - 20 July 2015

Im shocked at this ruling, does the highest court say that if a relationship is irretrievably broken down it means rules have to be broken in order to terminate it. Aaaa ndaseka hangu, so if i nolonger love my lawfully wedded wife i can boot her out of my house instead of following the legal route of separation pending divorce kikikiki gore rezvidzidzo rino

Pablo - 20 July 2015

Dibhula-nyinyo (Dibulaannyika) where do you come from to fail even writing Chidyausiku and sounding Ndevere?

Reader - 21 July 2015

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