Kasukuwere, Makore cases shine light on judiciary

Abel Karowangoro & Libinance Dokora

Few days in the history of Zimbabwe’s justice system could be like July 12, 2023. Yesterday, the High Court, in two high profile cases, handed judgments that shook the country, once again throwing light on the significance of the judiciary in society.

In one case, the High Court nullified the nomination of Saviour Kasukuwere from running for President in elections set for August 23.
The development will likely have important political dimensions, and stir temperatures to heights that have not been experienced in recent times, and significantly alter discourses around the election, and reconfigure electoral politics in 2023 and beyond.

Ruling on a case brought about by Zanu-PF activist Lovedale Mangwana, Justice David Mangota ruled that the self-exiled politician should not participate in the upcoming presidential elections.

In Mangwana’s court application, he argued that since the former cabinet minister was in self-imposed exile for over 18 months he was not eligible to participate in the elections as provided by the Constitution of Zimbabwe which maintains that for one to participate in the elections he or she has to be a registered voter.

In passing the Kasukuwere judgment, the court upheld the argument, and the development shifts the world’s attention on how the judicial system could play a significant role in this election.

At law, the Constitutional Court is the final arbiter of electoral disputes, including suits in presidential elections.

In another court hearing, Tapiwa Makore’s accused killers, Tafadzwa Shamba (40), and Tapiwa Makore Snr (60), have been found guilty and sentenced to death by High Court judge Justice Munamato Mutevedzi.

Justice was finally served by the court which highlighted aggravating circumstances in Tapiwa’s brutal murder case.

There is a sense of justice that the killers received the harshest penalty, but when this retributive justice gets colder on the dish, questions still arise about the applicability of death sentence.

These talking points will dominate the week in Zimbabwe and beyond.

Tapiwa Makore’s mother cried uncontrollably in a viral video outside the High Court.

The video highlights her grief at the loss of her child and some elated emotion that his killers were finally meeting the wrath of the law after a long time.

In recent interviews, Tapiwa Makore’s mother shared that no matter the court ruling, it would not bring back her son.

She just prayed that the judicial system would make the perpetrators face the consequences of their actions justice for her son would be served.

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