DISMISSED Masvingo provincial affairs minister, Kudakwashe Bhasikiti, has hired top Harare lawyer and opposition politician Tendai Biti to sue President Robert Mugabe and Zanu PF.
Mugabe has previously warned against taking party disputes to the courts, saying he would be keen to examine the qualifations of any judge who decides to hear such cases.
Bhasikiti has hired the leader of the fragmenting opposition MDC Renewal Team to challenge Mugabe and Zanu PF over his expulsion from the ruling party.
The former junior minister was fired from the party for allegedly being part of a coup plot against Mugabe said to have been led by former vice president Joice Mujuru.
Several top party officials and ministers, including Mujuru, have either been axed or suspended from the party over the allegations.
Former Zanu PF administration secretary and presidential affairs minister Didymus Mutasa has also gone to court challenging his dismissal.
Meanwhile, through Tendai Biti Law Chambers, Bhasikiti has filed a review application at the High Court arguing that due process was never followed in his dismissal from the party.
The application cites Mugabe and Zanu PF as first and second respondents respectively.
Bhasikiti argues that his constitutional rights were infringed and wants his expulsion nullified.
“The decision to expel me, taken by the second respondent in a meeting chaired by the first respondent, is null and void. For starters, I was never subjected to the benefit of due process,” he said.
“I was not charged of any offence and have not received any notice of any charge against me. I have not appeared before any disciplinary hearing, I have not given my side of the story. I do not even know why I have been expelled.”
He added: “I was expelled by the Politburo… It (politburo) does not have any powers of expulsion.
“Thus the decision to expel me is grossly irregular in that the Politburo that expelled me does not have such powers in terms of the respondent’s (Zanu PF) constitution.”
In addition, Bhasikiti says the party failed to give adequate notice of the nature of the charges levelled against him and adequate notice of right of review or appeal.
Further, he argued that all the Politburo members were biased against him.
“I also wish to bring it to the court’s attention that all the members of the Politburo were grossly biased against myself and could not have sat in my matter,” said the Mwenezi East MP.
“The challenge with the second respondent is that since August 2014, the party has been on an onslaught against those perceived to be in sympathy with the former Vice President Dr Joice Mujuru. I have also been included in this category.”