Supreme Court upholds High Court ruling disqualifying Vic Falls council candidate
The Supreme Court has dismissed an appeal by independent candidate Ephias Mambume, effectively upholding an earlier High Court decision that disqualified him from contesting in the Ward 1 Victoria Falls municipality by-election.
This development was confirmed by Zimbabwe Electoral Commission (ZEC) Chief Executive Officer Utloile Silaigwana in a press statement, explaining that the ruling means Zanu PF candidate Tonderai Mutasa remains the duly elected councillor for Ward 1, in line with the 18 November 2024 High Court judgment.
โThe Supreme Court has dismissed an appeal by aspiring independent candidate Ephias Mambume to nullify an earlier High Court decision that disqualified him as a duly nominated candidate for Ward 1 of Victoria Falls Municipality by-election,โ Silaigwana said.
โThis means that Tonderai Mutasa of Zanu PF remains the duly elected councillor for the ward as per the 18 November 2024 High Court judgment.โ
The High Court had disqualified Mambume after an electoral petition filed by Mutasa, which argued that Mambume was in default on municipal water and rates payments exceeding US$17,000 for more than 120 days.
This was deemed a violation of the Electoral Act, which disqualifies candidates with outstanding debts to local authorities.
The courtโs decision automatically declared Mutasa the winner, as he was the sole remaining candidate.
In an earlier interview with CITE, Mambume, represented by Tanaka Law Chambers, said he had appealed to the Supreme Court, alleging the disqualification was a calculated move by corrupt officials within the Victoria Falls City Council to bar his participation and protect vested interests.
Mambume had earlier described the case as the work of a โwell-resourced corrupt cabalโ seeking to undermine his candidacy.
With the Supreme Court dismissing Mambumeโs appeal, the by-election for Ward 1 of Victoria Falls Municipality, initially scheduled for 30 November 2024, has been cancelled.
โAs a result of the Supreme Court decision, there will be no by-election in Ward 1 of Victoria Falls Municipality on 30 November 2024,โ said Silaigwana.
Silaigwana further clarified that by-elections for Ward 38 of Makoni Rural District Council and Ward 10 of Bindura Rural District Council would proceed as planned on the same date.
The disqualification of Mambume has stirred debate among opposition circles who called for electoral reforms and also saw him arguing that his disqualification was influenced by local council politics rather than adherence to the law.
Read more: https://cite.org.zw/disqualified-vic-falls-candidate-takes-case-to-supreme-court/