Chief Justice Godfrey Chidyausiku Friday 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 Friday 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.
Friday’’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.