Bid to stop ED from proclaiming poll dates

HARARE - A Harare man has approached the High Court seeking an order stopping President Emmerson Mnangagwa from proclaiming election dates arguing that he lacks the mandate or authority to do so.

The application filed by Gastaff Kativu, who is the leader of a little opposition political party known as Complete KnockDown of Establishment (CKD), cited the Zimbabwe Electoral Commission (Zec) and the Zimbabwe Defence Forces as respondents.

In his papers, he said the country’s Constitution was breached in November last year when Robert Mugabe was overthrown through a soft coup.

Kativu said the army was deployed without the president’s permission, which was in violation of the Constitution.

“Emmerson Dambudzo Mnangagwa, having ascended to the presidency of Zimbabwe on the basis of military events, movements or deployments and not by popular vote, lacks the mandate or authority to call for elections and or perform the electoral duties of a president as dictated by the Constitution relating to the role of president…

“And as such, the office of the president of Zimbabwe is vacant and needless for this application to request the court to nullify the ‘presidency’ of ... Mnangagwa for the reason that given on November 24, 2017 and his occupation of the president’s office is of no consequence,” he said, adding that there is a power vacuum in the country, which must be addressed by an all-inclusive transitional authority.

He further challenged Priscillah Chigumba’s appointment as Zec chairperson, claiming her appointment is a nullity because the appointing authority is not properly in office.

“There is indisputable link or affiliation of the ZDF with Zanu PF party which originated from the liberation struggle which must be annulled by the second respondent (ZDF) for the reason that ZDFs is a national army and not a Zanu PF party political militia and if the ZDF cannot be de-linked or de-affiliated from Zanu PF party, then the current politically biased ZDF must be demobilised or disbanded to pave way for a new and neutral ZDF without any political bias which shall be made to swear to defend all political movements in the country as part and parcel of Zimbabwe,” he said.

He said based on the biometric voter registration statistics that were availed by Zec, Zanu PF has an electoral advantage and is more likely to win this year’s elections, owing to unequal and unfair voter registration patterns.

Kativu, also said despite having registered with Zec, he has not been receiving any communication from the organisation. He said after making enquiries, he was told that his name and details had been deleted from the database on instructions from the president’s office for the reason that he had demonstrated against Mnangagwa.

He further said Zec cannot administer a free, fair and credible election, adding that his party has no access to public media.

He is now seeking an order for ZDF to de-affiliate with Zanu PF, the disbandment of the ZDF, delimitation of electoral boundaries, and equal access to the State media by all political parties and to defer the elections to a later date.

Zec and the ZDF have not yet responded to the application.

Comments (18)

Kativu is a real asshole from the Robbers and Muggers. He is insane and l hope and trust that High Court will throw the application with force in the dustbin. An asshole indeed

Clemence Tashaya - 12 April 2018

Even if you change the dates, we wont vote for ZANU PF

NYEREDZI MWEDZI - 12 April 2018

HAKASIRI KAMU FACE KAYE KE MBANJE KANE POSTER RAKANZI " ANOINTED IN THE WILDERNESS OF MOSES TO BE THE HEAD OF THE GREAT ZIMBABWE" OPPORTUNIST , SUCH TYPE WILL NOT EVEN VOTE FOR HIMSELF. GO AHEAD & SMOKE YOUR WEED QUIETLY . YOU ARE DISGUSTING.

G40 NESANGO - 12 April 2018

This guy is like that spoiler who went to court in 2013 to compel his handler RGM to proclaim an election immediately with the purpose of stopping the imminent electoral reform the opposition were clamouring for at the time. Remember his name, Jealous Mawarire something.

Joseph Mutasa - 12 April 2018

ataura chokwadi chinoendesa kudenga what was done was not according to law full stop

g40 - 12 April 2018

Tolerance is lacking in Zimbabweans, I do not see anything wrong about this.

Free n Fair - 12 April 2018

Stupid, the law in November became the masses that went to the street to demand that RGM to get lost. During that mass action, the constitution was suspended and all organs became answerable to the people. The people instructed the ZNA, political parties and judiciary and all constitution organs to do all possible to get ready of Mugabe. Failure to which the whole zimbabwe was to burn idiot!

UNCLE REAL - 12 April 2018

I like cde Kativu, zanu pf must understand that Zimbabwe belongs to all Zimbabweans and not their private property. The law must be tested!

Izikiel - 12 April 2018

stupid stupid who is Zimbabwean, are ZNA not Zimbabwean? how dare you attempt to separate Zimbabweans from their right to associate any how. Should they be members of ANC or EFF. Whats wrong with them being MDC or ZANU are these not Zimbabwean identities?Can you prove that all ZNA are MDC or ZANU or whatever? are they that dull like you that they cant make their choices as individual Zimbos? stupid stupid seriously!

UNCLE REAL - 12 April 2018

UNCLE REAL, Mr Kativu did not say ZNA or ZDF are not Zimbabweans. He said ZDF or ZNA are zanu pf, and that is unconstitutional and moreso a coup is not a constitutional way of taking over power in Zimbabwe. As Mnangwagwa was a part to the coup and process that renders him unconstitutional. It is on records about General Chiwengwa referring to previous cleansing up of zanu pf during the war of liberation that zanla forces used to do these things when or if they were not happy with their leadership. Zimbabwe needs a clean democratic start and not what we currently have, its illegal and illegitimate.

Izikiel - 12 April 2018

Noone sent soldiers onto the streets you swine,uncle real. Instead it was the army that lured the people onto the streets through its chicanery, you swine.

Chipoto Vhaivhai - 12 April 2018

Noone sent soldiers onto the streets you swine,uncle real. Instead it was the army that lured the people onto the streets through its chicanery, you swine.

Chipoto Vhaivhai - 12 April 2018

too bookish people, when a revolution sets off paper constitution does not work. Then country was about and was going to burn. it was beyond any political party, any judge, any ZDF/ZNA. It was will of the people against mugabe thing. he was so dull to fail that he had stretched the people. so there was no constitution to talk about. Thank people allowed this to be so peaceful, u could be burnt asses now. we ddnt want mugabe any second longer and had it not been ED we could have taken any other clown as long it was not mugabe. lucky u ED had balls to come up but forget constitution thing it never worked years mugabe messed up.

UNCLE REAL - 12 April 2018

Even the leader of a small and almost unknown opposition party can see the illegality of the military junta lead by Mnangagwa. The whole nation has been hoodwinked by the military cabal.

Ken Sharpe - 12 April 2018

UNCLE REAL you are a real swine.

Kachembere kekwaChivi - 12 April 2018

And where was this fool when Mugabe staged his own coup in 2008? Hanti he lost and refused to go?

Moe Syslack - 12 April 2018

People like @uncle real will realize, with time, that it was not only RGM who was authoring the poverty in Zimbabwe but many others (present ministers & others included). @Moe Syslack - it is rumoured that RGM actually wanted "to go" but the leaders of the new old dispensation rigged the elections and forced him to stay on. One day the truth will come out.

Sagitarr - 13 April 2018

This issue is really academic as it is now widely accepted that the change which occurred is irreversible and unlikely to be overturned in a court of law in the short term. What we need to know are the policies as enunciated by the respective leadership contenders which ZANU brazenly says it will not divulge in any political debates between the leaders under the guises of preserving its strategy. The opposition should be interrogating the veracity and legality of recent reports that ZANU PF will be receiving a massive donation of T Shirts and other election related paraphernalia to ascertain whether this conforms with the current electoral laws. On the face of it this donation and any others appear to violate laws regarding the foreign involvement in domestic political activities and financial contributions hence should be subjected to thorough scrutiny.

Jaikolu Maison - 13 April 2018

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