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Advocate Terrence Hussein argued that Bhasikiti had no right to be heard as he was in breach of rule 18 of the High Court which requires that any person who seeks to sue the President must get leave from the High Court before he does so to avoid frivolous litigation against the head of state.
He begged the court to dismiss Bhasikiti’s application for being fatally defective as it did not state the grounds of review and the relief sought.
Advocate Hussein additionally argued that a political party’s decisions cannot be reviewed because it is not an administrative body but a voluntary organisation of persons of like mind and principles who want to associate with each other to fulfil their own personal and collective needs.
Bhasikiti’s lawyer, Tendai Biti counter argued that they sued the President Robert Mugabe, as a political actor in charge of the affairs of Zanu-PF and not as the head of state and that Zanu-PF is a juristic person which can in terms of the new constitution be sued.
He added that his client enjoys the right to equal protection and benefit from the law in terms of the supreme law of the land and of the Zanu-PF constitution.
Biti added that there was no record of the minutes of the alleged Politburo meeting which expelled Bhasikiti and the record of the National Disciplinary Committee minutes to prove that he had been tried.
He said Bhasikiti had every right to be tried because the cause involves the breach of his fundamental rights, going against the rule of law and constitutionalism.
Justice Chinembiri Bhunu reserved his ruling on whether or not the merits of the matter should be heard, which he will give in due course.