HARARE – Exiled former cabinet minister Saviour Kasukuwere filed an application at the Constitutional Court seeking an order by the apex court to re-asset his rights to participation in the country’s elections like any other bona fide citizen.

This comes after the Supreme Court threw out his appeal against a High Court ruling nullifying his nomination to run as a presidential candidate in elections due 23 August this year.

In filed papers, the politician argued it was his right to contest and to have his matter heard as soon as possible.

“The judgement as delivered by the Supreme Court impacts the applicant’s fundamental right of equal protection before the law and his right to participate in an election…as set out in section 67(3)(b) of the Constitution,” reads his application.

“There were grounds of appeal that ought to resolve the matter in favour of the applicant, especially the one pertaining to jurisdiction of the High Court.”

Kasukuwere, who was among 12 candidates vying for president, was disqualified at the behest of a Zanu PF activist who challenged his candidacy arguing the former party political commissar surrendered his franchise to vote and also be elected after living outside the country over a continuous period of 18 months.

The activist buttressed his arguments using provisions of the electoral law.

Kasukuwere argues his standing as a citizen who should enjoy rights in his country have been taken away from him.

“My constitutional right (a) as enshrined in s 67 of the Constitution was shredded and infected by the Supreme Court in all respects.

“In fact, the Supreme Court rendered a patently wrong judgment that constitutes an abdication of its judicial function which it must perform judiciously and in a non-capricious manner,” Kasukuwere argues in his founding affidavit.

The politician, hounded into exile in November 2017 after the Zimbabwean military ousted then President Robert Mugabe and also targeted the now late ruler’s close allies, insists he has remained a Zimbabwean despite being away for over 18 months.

“I aver that as a Zimbabwean who has never on any day relinquished his residence status or citizenship, I cannot be barred from participating in an election in which I was duly nominated for by the Zimbabweans.

“Such a doing affects undoubtedly on my rights as a person.

“I have always remained a Zimbabwean citizen and resident as I have and as always. It is mind-boggling how a finding was reached by the Supreme Court that I be disqualified from partaking in an election that is people centered and never to be controlled by the judiciary.”

The Supreme Court dismissed his appeal last week stating that it lacked merit.

Reasons for the judgement were not given.

The High Court had dismissed his application challenging him to release his passport and prove that he was not entirely outside Zimbabwe for over 18 months.

The opposition argues Zimbabwean courts have been “captured” by President Emmerson Mnangagwa and his Zanu PF administration to a point of issuing judgements that were against the ruling party’s opponents.

Asked by journalists over the matter, Mnangagwa on Friday issued a curt dismissal of the accusations saying he has never personally taken any opponent to court seeking their disqualification from any race.