The Election Resource Centre (ERC) has once again petitioned the High Court seeking the dismissal of an application for rescission of judgment filed by president of the National Council of Chiefs, Fortune Charumbira.
BY CHARLES LAITON
Charumbira was in June this year given a seven-day ultimatum to publicly apologise for urging traditional leaders to support and rally behind the ruling Zanu PF party ahead of the July 30 elections. The ultimatum expired on June 14.
However, prior to the expiry of the ultimatum, Charumbira challenged High Court judge Justice Clement Phiri’s order compelling him to publicly apologise and denied ever making such alleged remarks in his personal capacity. He maintained that the alleged statement was an expression of the position of the Council of Chiefs in Zimbabwe.
He then petitioned the High Court seeking rescission of Justice Phiri’s judgment, claiming the determination had been erroneously arrived at.
After filing his court application, Charumbira failed to pursue his matter to the end, forcing the ERC to approach the court seeking dismissal of the same.
In his affidavit filed on September 7, ERC chairperson Trust Maanda said Chief Charumbira and the Council of Chiefs, had also failed to make attempts for the matter to be set down for hearing, and as such should be dismissed with costs.
“On June 19, 2018, the respondents (Chief Fortune Charumbira and National Council of Chiefs) filed a court application for rescission of judgment entered for the applicant (Election Resource Centre). The applicant filed its notice of opposition and opposing affidavits on July 3, 2018,” Maanda said.
“The respondents have neither filed their answering affidavit or heads of argument nor set the matter for hearing within one month from July 4, 2018, being the date on which the respondents were served with applicant’s notice of opposition and opposing affidavits.”
The matter is yet to be set down for hearing.