A Zanu PF member, Lovedale Mangwana, filed an urgent High Court challenge to prevent former cabinet minister Saviour Kasukuwere from contesting in the presidential election set for August 23.
Mangwana alleges Kasukuwere is not a registered voter because he has not been resident in the country for a specified period of time as required by the Electoral Act.
Section 33 of the Electoral Act on the Removal from voters roll owing to absence states:
Section 33 of the Electoral Act on the Removal from voters roll on disqualification, death or absence states:
1.Subject to subsection (5), if a voter registration officer has reason to believe that a voter whose name is registered on a voters’ roll has become disqualified for registration as a voter, or is dead, the voter registration officer shall remove his or her name therefrom.
2. Subject to subsection (5), it a voter registration officer is satisfied that a voter registered on a voters’ roll
a) has been absent from his or her constituency for a period of twelve months or longer and is not a voter who was registered with the approval of the voter registration officer in a constituency in which he or she was not resident:
b) has left Zimbabwe with the intention of residing permanently outside Zimbabwe:
the voter registration officer shall remove such voters’ names therefrom.
3. In determining the period of absence of any person for the purposes of subsection (2), no account shall be taken of any period during which the person
(a) resides outside his or her constituency while he or she is a Vice-President. Minister. Provincial Governor or Deputy Minister; or
(b is occupied in the discharge of his or her duties outside Zimbabwe while in the service of the
State:
(c) resides temporarily outside Zimbabwe by reason of-
(i) his or her service with an international organisation of which Zimbabwe is or was at the Time a member. Or
(ii) his or her employment by –
A. person resident in Zimbabwe: or
B. a society, body of persons or company, the control and management of which are in Zimbabwe; or
C. a body incorporated directly by an enactment in force in Zimbabwe; or
(iii) his or her attendance at a university or other educational institution; or
d) resides outside Zimbabwe on account of ill-health or disability: or
e) is absent from his or her constituency for the purpose of being with his or her spouse if such spouse is a person referred to in paragraph (a) (b) (c ) (d).
4. A voter registration officer shall not remove the name of a voter in terms of subsection (1) or (2) unless he or she has published his or her intention to do so in a newspaper circulating in the area of the voter’s last-known address and sent to the voter’s last known address a written notice of objection addressed to the voter, to which a form of notice of appeal has been annexed.
5. The proviso to subsection (1) of, and subsections (2) to (7) of, Sections 27, 29 and 30 shall apply. with any changes that may be necessary. in relation to the exercise by a voter registration officer of his or her powers in terms of subsection (1) or (2) as though the voter registration officer were taking an objection in terms of subsection (1) Section 27.
According to legal practitioner Nqobani Sithole, the argument stated by Mangwana is based on assumptions, not facts, as Kasukuwere’s matter is before the courts, which will make the final determination.
Sithole said no evidence has been produced that Kasukuwere did not return to Zimbabwe within the specified period, nor did he receive communication from the constituency registrar, who advised him of the intention to be removed off the voters’ roll, as required by the Electoral Act.
“First of all, we need to understand the basis of this case. Are there adequate facts surrounding this matter? In this case, the applicant says it is “public knowledge” that Kasukuwere was out of the country for 18 months. How does he define public knowledge? Is it a fact or a mere assumption? Is there supporting evidence that indeed Kasukuwere was outside the country for 18 months consecutively?” Sithole said.
The legal practitioner further noted that the nature of Mangwana’s grievances should be addressed to the Electoral Court not the High Court because this issue is a matter that was handled by the Nomination Court.
“According to the Electoral Act, cases emanating from the Nomination Court are supposed to be heard at the Electoral Court not the High Court. This should be done within four days after the sitting of the Nomination Court.”
