Recalled Citizens Coalition for Change (CCC) candidates who filed under the CCC name for the February 3, 2024 by-elections risk being removed from the ballot, former cabinet minister, Prof Jonathan Moyo has said.
Prof Moyo was speaking at Asakhe Online X Space, on Tuesday, where he gave a review of the nomination court sitting on Monday to receive nomination papers for candidates who will run in the upcoming by-elections on February 3, 2024.
Admore Chivero, Willard Madzimbamuto and Oliver Mutasa filed as independent candidates respectively in Chegutu West, Seke and Zvimba East, while the other three recalled candidates – Gift Ostallos Siziba, Stephen Chagwiza and Amos Chibaya who filed as CCC candidates.
Siziba holds a party office as national deputy spokesperson, while Chibaya is the acting organising secretary.
Prof Moyo noted that the decisions made by the CCC candidates are guided by section 129(1)(l) of the Constitution of Zimbabwe, which speaks to candidates who run either as independent or under party banners.
He said the clause allows for the party to recall a member who would be no longer serving the interest of the party and for those who would have been elected as independent, they can be recalled by individuals.
“The clause gives the party the power to recall. If you no longer behave by the party provisions you will be recalled. The previous batch of MPs were stubborn and decided to seek re-election under the same party and they were removed from the ballot. At the nomination court on Monday, some submitted their papers as independent candidates, which introduces us to the other side of the provisions of this clause,” Prof Moyo said.
“The second side deals with candidates who are not sponsored by the party but are nominated by either the ward or constituency, depending on the seat they would be vying for. When the constitution was adopted and this provision (129) was debated, some mischievous opposition people started asking how to deal with people who get nominated and elected as independents, but then cross the floor while in office to join political parties. That was how 129(1)(l) was introduced. It states that if you are elected as an independent and later join a party, you can be recalled by literally anyone who petitions the parliament.”
Prof Moyo explained that by holding party offices, Siziba and Chibaya could not take the route of filing as independent candidates.
“This is where these recalled candidates are now. It is a problem for people like Siziba and Chibaya to file as independent candidates. If you are identified as a spokesperson of a political party or a chief communications officer, and then you come and register as an independent party it cannot work. This is why they did not do it. Those who did it, they are not office bearers, but they can claim to cooperate with CCC Chamisa,” Prof Moyo explained.
“Chamisa’s party has hit the end of the road. CCC has split, it is now two parties. The court order that was recently passed which led to candidates being removed from the ballot, was not a general declarator but it is relevant to them.
“They are going to be removed from the ballot paper. If you decide to defy court orders and file under a party that recalled you, ZEC will let you be because ZEC does not want to participate in the squabble. But ZEC is a rule-bound constitutional body which is required to do everything it does in the conduct of elections by the law.”
