By Own Correspondent| United Democratic Alliance (UDA) presidential candidate Daniel Shumba has vowed to challenge Chief Justice Luke Malaba’s ground rules where parties were notified that they could only file their responses if they were opposing the MDC Alliance poll petition challenging the presidential election results.
Justice Malaba, reportedly revealed this during a pre-trial conference with all parties to Chamisa’s court challenge in his chambers in Harare, where he ordered that losing candidates could only file their responses if they were opposed to Chamisa’s application.
Said Shumba:
“We can’t have anybody to say if you are supporting Chamisa we can’t hear you. We can only hear anyone supporting Mnangagwa.
Respondents must be heard, you cannot muzzle people. There is nothing in the Constitutional Court that allows for the muzzling of litigants.”
According to Shumba, Justice Malaba accused the other candidates filing in support of Chamisa of trying to bring their arguments through the back door.
The top judge argued if the other losing presidential candidates were against Mnangagwa’s victory, they should have filed their own petitions within the seven days prescribed by the law, not to hide behind the MDC Alliance leader’s court challenge.
However, Shumba said his right to be heard was guaranteed in sections 165 and 167 of the Constitution.
“It doesn’t matter whether I am a respondent or applicant. I have the right to be heard.
I will not be intimidated to abandon my democratic and constitutional right.”-Newsday