Expelled former Zanu-PF Politburo member Mr Kudakwashe Bhasikiti, yesterday appealed to the Supreme Court against the decision by High Court judge Justice Bhunu to throw out his review application.
Justice Bhunu dismissed Mr Bhasikiti’s review application on the basis that the politician had rushed to the High Court without exhausting the available domestic remedies in terms of Zanu-PF’s constitution. It was the court’s finding that Mr Bhasikiti jumped the gun and the matter was dismissed on preliminary points.
In the notice of appeal filed at the High Court soon after the dismissal of the High Court review, Mr Bhasikiti wants the Supreme Court to direct the High Court to hear the review application on the merits.
Mr Bhasikiti’s lawyers Tendai Biti Law Chambers, argued that the judge erred in dismissing his application.
“The court a quo grossly erred as a question of law and fact in holding that the appellant had a duty to exhaust domestic remedies in this matter by way of appealing to the Central Committee of the Second respondent (Zanu-PF).
“The court further erred in ignoring the fact that the appellant had approached the High Court, in its role as a Constitutional Court in respect of which he had raised constitutional breaches perpetrated against him by the respondents and therefore the court, was obliged to treat the matter as an application in terms of the Constitution of Zimbabwe not subject to outdated common law rule,” reads the notice of appeal.
Mr Bhasikiti said the court wrongly hound that there was a lawful judgment by the National Disciplinary Committee. He argued that even if the said judgment had been issued, it was never communicated to him.
Mr Bhasikiti contends that members of the Politburo and the National Disciplinary Committee were also members of the Central Committee, hence appealing to the Central Committee would not have helped.
He argued that the court should have heard full arguments of the matter before making a determination.
Justice Bhunu dismissed the application saying Zanu-PF’s constitution clearly indicated that an aggrieved party may challenge expulsion with the Central Committee before approaching the High Court, but Mr Bhasikiti jumped the gun.
The judge said the expulsion was done in terms of the party constitution and cited Section 82 of the Zanu-PF constitution which reads: “For the avoidance of doubt, only the National Disciplinary Committee shall have the power to expel a member from the party.”
Justice Bhunu also cited Section 74 of the Zanu-PF constitution which empowers the Central Committee to review decisions of the disciplinary committee.
The section reads: “The Central Committee may, on appeal, or review, confirm, amend or reverse the decision of the National Disciplinary Committee.”