High court case on opposition election candidates likely to be heard next week

The case involving twelve Bulawayo registered voters who launched a High Court bid challenging the Zimbabwe Electoral Commission (ZEC) seeking an order banning some opposition candidates for allegedly submitting their nomination papers late, will likely be heard next week.

These registered voters are arguing that ZEC accepted the nomination papers of candidates from parties such as the Citizens Coalition for Change (CCC), ZAPU, Free Zim Congress, and the Zimbabwe African National Congress (ZANC), as well as an independent, after the 4 pm deadline.

According to the complainants, ZEC continued sitting on June 22, 2023, to accommodate certain prospective candidates who had not submitted their applications by the June 21, 4 pm deadline.

Nqobizitha Ndlovu of Cheda and Cheda Associates, who is representing the applicants, told CITE that they were still waiting for notice of a setdown from the High Court’s Registrar.

“Most probably the case will be heard on Monday. We have not yet received notice of the set down from the registrar of the court but it seems the hearing will be on Monday next week,” he said.

In their application, the applicants seek the disqualification of the MP candidates for allegedly filing their nomination papers outside the legal framework.

One of the applicants, Rachel Dube, a registered voter in the Mpopoma/Mzilikazi constituency, filed the application under case number HC 1362/23 through her lawyers Cheda and Cheda Associates.

Dube cited ZEC, its chairperson Justice Priscilla Chigumba, ZEC Bulawayo Provincial Elections Officer, Innocent Ncube who presided over the Nomination Court for MP candidates at Tredgold in Bulawayo, Desmond Makaza (CCC candidate), Zwikwete Innocent Mbano (ZANC) and Strike Mkandla (independent candidate) as the respondents. 

In her founding affidavit, Dube said ZEC’s decision to accept the nomination papers from the cited respondents was an illegality which should be declared null and void.

“Prospective election participants were all in all accorded ample time to put their paperwork and affairs in order ahead of the nomination day. Regrettably, for some of the political outfits, this turned out not to be the case. 

“The third, fourth and fifth respondents were election candidates of CCC, ZANC and independent candidates respectively in the Bulawayo Metropolitan Province and for the Mpopoma-Mzilikazi constituency,” she said.

 “Despite the Nomination Court properly commencing at 10 am on June 21, 2023, the nomination papers in relation to the third, fourth and fifth respondents were in disarray.”

According to Ms Dube, the chaos resulted in the disputed candidates being turned away by the Nomination Court in order to correct the flaws in their nomination papers.

 “By 4 pm on June 21, 2023, the third, fourth and fifth respondents had not resubmitted their nomination papers before the Nomination Court. In addition, the respondents were also not within the Nomination Courtroom or premises,” she said.

 “Instead, frantic and last-minute efforts were being made by the respondents to comply with the requirements of procedure and the law.” Ms Dube said the steps taken by the PEO accommodated Makaza, Mbano including their colleagues from the same political parties in other constituencies and Mkandla and in Bulawayo. 

Dube said she was seeking an order prohibiting ZEC from including the three respondents’ names in the preparation of ballot papers to be used in the general elections scheduled to be conducted on August 23, 2023.

She also argued that in terms of Section 46(7) and (8) of the Electoral Act, the PEO made a mistake by accepting the candidature of Makaza, Mbano and Mkandla. 

“ZEC could not, by law, receive nomination papers after 4 pm on June 21, 2023, where the three respondents and their agents were not present in the Nomination Court. 

However, the provincial elections officer proceeded to receive, consider and accept the nomination papers of Makaza, Mbano and Mkandla after 4 pm,” Dube said.

Dr Mkandla, independent candidate for the Mpopoma -Mzilikazi constituency seat, said this legal challenge against him and other candidates could be concocted by Zanu PF to eliminate any serious competition in the constituency or at the same time driven by divisions in the opposition CCC.

 Last week, Zanu PF said it was illegal for ZEC to receive and accept nomination papers plus nomination fees from CCC candidates after 4 pm on June 21.