Game-On Reporter
High Court Judge Tawanda Chitapi dismissed Themba Mliswa’s application to stop ZIFA elections set for Saturday January 25 as not an urgent matter.
After failing an integrity test, Mliswa approached the High Court with an urgent application seeking to stop the elections.
In his arguments Mliswa stated that the councilors who passed the new ZIFA Constitution and will act as the electorate had no legal standing since their term of office had expired.
Representing ZIFA, Proffesor Lovemore Madhuku asked the court to dismiss the urgent application.
“I will not be long in my submissions as my compatriot was. The matter isn’t urgent.
“Urgency is a time and consequence matter. From a time perspective it’s very late as the processes were completed two months ago.
“Eight weeks from 18 November ended on 2 January. It means the applicant filed his papers beyond the stipulated time.
“We can’t have any remedy granted on an urgent basis.
“The review application sought is out of time. The applicant is seeking a final order through a review application which the Supreme Court has refused.,” argued Madhuku during submissions.
Madhuku went on to question the sincerity of Mliswa who brought the matter before court after having participated in the initial process of the elections.
“The applicant participated in the nomination under the new Constitution and was disqualified.
“So the applicant accepted the new Constitution. So the applicant is blowing hot and cold. Either he accepts it and participates or he doesn’t and doesn’t participate.,” said Madhuku.
Justice Chitapi appeared to side with Madhuku as he brought out the time factor in the application advising Mliswa to file for a proper normal court application.
“We have to consider if this matter is indeed urgent. How many weeks are they from 18 November? If we have 11 weeks, do we then have a review application in that case?
“Do we have a review application filed within time. Can a court recognise an application which isn’t timeous?
“In that case the honourable thing to do is to make a normal court application,” said Justice Chitapi
Following the dismissal of the case as not urgent and the advice to file for normal court application Mliswa decided to withdraw the case.
“This application is withdrawn by consent and the applicant will pay the costs of the hearing,” said Justice Chitapi.
