VICE President Constantino Chiwenga’s mother-in-law Helga Mubaiwa has taken Zanu PF party to court over the ruling party’s chaotic candidate selection process.
In an urgent chamber application now before the High Court, Mubaiwa cites Zanu PF, the national commissar Engelbert Rugeje and Kashambe as the three respondents arguing their actions or lack thereof are likely to prejudice her.
Mubaiwa lost to Munyaradzi Kashambe in her bid to represent Zanu PF in Seke constituency but now argues the poll was not free and fair.
She argued that she was so aggrieved by the process that she launched an appeal as soon as the results were announced on May 9.
“I have no doubt that my said appeal has positive prospects. In fact there is a grand chance that a rerun may be ordered as a consequence of my said appeal,” said Chiwenga’s mother-in law.
She added: “The basis of this application is inter alia that; the 1st (Kashambe) and 2nd respondent (Rugeje) have variously ignored the regulations of 3rd respondent relating to the conduct of primary elections eventuating in an election outcome that did not reflect the wishes of the concerned with electorate and in spite of applicant having noted an appeal against the outcome of the election referred to above, the respondents have already permitted and facilitated 1st respondent’s campaign as if his election is not under legitimate challenge.”
Mubaiwa said Kashambe was being paraded as Zanu PF candidate for Seke constituency despite her appeal and that she is likely to suffer damage if he continues in this vein.
“Respondent (must) be put on a leash up until I have exhausted all the remedies available to me either through appeals and/reviews. In fact, I am positive that this was the very spirit within which provisions for appeal were inserted into 3rd respondent (Zanu PF)’s own governing regulations,” said Mubaiwa.
In his supporting affidavit, Charles Chikore (lawyer) said given that Kashambe was already campaigning before the appeal was heard he “foresaw potential irreparable prejudice to the applicant who may have to undo the 1st respondent’s tact if she were to succeed in the possible rerun.”
“I note that if 2nd and 3rd responded are already disbursing campaigning resources through the 1st respondent, it will be a virtual irredeemable opportunity for the applicant to gain campaigning goodwill should she subsequently succeed to represent her party in that regard. I finally note that there is no chance of meaningful relief to be secured by applicant otherwise that through urgent chamber application. This is because all the electoral processes (internal and harmonised) have already clearly dawned. An ordinary court application would therefore be likely overtaken by the necessary events even before it is heard,” said Chikore arguing it was for these reasons that he was praying for the case to be treated as urgent.
In her notice of appeal dated 10, May, Mubaiwa said the Zanu PF voter’s roll was not updated to facilitate a transparent, free and fair election.
He said the chaotic cell registers allowed for “discretionary insertion of names and omission of other eligible members thereby unlawfully disenfranchisinng them”