By Lulu Brenda Harris and Senzeni Ncube
An urgent High Court application challenging the 2023 candidate nomination fees has been dismissed on the eve of the sitting of the nomination court.
High Court Judge Justice Munamato Mutevedzi ruled that the application was not urgent and is now likely to be heard after nomination day.
Represented by the Zimbabwe Lawyers for Human Rights (ZLHR), politician Egypt Dzinemunhenzva, Harare North legislator Allan Markham, Vongai Zimudzi and Tapiwanashe Chiriga launched an urgent court challenge to determine the nomination fees in September last year.
This was after the Zimbabwe Electoral Commission (ZEC) gazetted Statutory Instrument (SI) 144 of 2022 in August requiring aspiring presidential candidates to pay US$20 000 to contest in the presidential elections while aspiring legislators will pay a candidate fee of US$1 000 with aspiring candidates for local authority elections paying US$200.
On Monday, Justice Mutevedzi heard arguments from both parties before ruling that the matter was not urgent.
“High Court Judge Justice Munamato Mutevedzi on Monday ruled that the application seeking an urgent determination of a challenge of exorbitant nomination fees for 2023 general elections is not urgent and that the matter should be set down for hearing on a normal and ordinary court roll,” said ZLHR in a statement.
The complainants had given ZEC a 72-hour ultimatum to withdraw SI 144 and argued that the nomination fees are exorbitant and should be withdrawn, however, no action was taken then.
In a related matter, Labour Economists and Afrikan Democrats (LEAD) in collaboration with the Institute for Young Women’s Development (IYWD), and an independent prospective candidate of Dangamvura Tendai Lynnet Mudehwe have also filed an urgent court application challenging the candidate nomination fees.
The three are being represented by Advocate Choice Damiso from the Women and Law in Southern Africa (WLSA).
In an application dated 19 June, they cited the Minister of Justice, Legal and Parliamentary Affairs as the first respondent, Zimbabwe Electoral Commission as the second respondent, Minister of Women Affairs, Community, Small and Medium Enterprises Development and the third responded, Minister of Finance and Economic Development forth responded, the Zimbabwe Gender Commission as the fifth responded, the Zimbabwe Human Rights Commission as the sixth responded while the Attorney General of Zimbabwe is the seventh respondent.
In papers filed with the Constitutional Court, the applicants contend that the prescribed nomination fees are grossly unreasonable and arbitrary to such an extent they amount to a violation of the right to stand for public office and the right to equality and non-discrimination protected under sections 67 (3)(b) and 56 of the constitution respectively.
“According to Statutory Instrument (SI) 144 of 2022, the Zimbabwe Electoral Commission, with approval of the Minister of Justice, Legal and Parliamentary Affairs, hiked the nomination fees required for both the presidential and constituency Member of Parliament candidates for election by a record high 1900%, from US$1000.00 to US$20000.00 and US$50.00 to US$1000.00 respectively.”
“Their plea is for the court to declare sections 2(a) and 2(b) of the Electoral (Nomination of Candidates) (Amendment) Regulations, 2022 (No. 1) Statutory Instrument 144 of 2022 null and void and of no force and effect. “
They said they want the court to order the Minister of Justice, Legal And Parliamentary Affairs and the Zimbabwe Electoral Commission (ZEC) cited as the 1st and 2nd respondents respectively to urgently consult with the Minister of Women Affairs, Community, Small and Medium Enterprises Development, Minister of Finance And Economic Development, the Zimbabwe Gender Commission, the Zimbabwe Human Rights Commission and the Attorney General Of Zimbabwe who are also cited as respondents and within 24 hours, publish an amendment to the Electoral (Nomination of Candidates) (Amendment) Regulations, 2022 (No. 1) Statutory Instrument 144 of 2022 prescribing reasonable nomination fees.
“In the case of failure by the 1st and 2nd respondents to comply, the applicants want the court to order the Zimbabwe Electoral Commission (ZEC) to apply the nomination fees prescribed in sections 3(1) (a) and (b) of the Electoral (Nomination of Candidates) Regulations, 2014; Statutory Instrument 153 of 2014 which prescribes US$50.00 and US$1000.00 for the prospective MP and Presidential candidates respectively.”
