The recalled Citizens Coalition for Change (CCC) councillors who will run in Saturday’s by-elections risk having their election nullified if they win because the High Court barred expelled members from contesting under the party name.
The recalled CCC candidates who will be running again for the eight vacant council seats in Bulawayo are Shepherd Sithole (Ward 1), Nkosinathi Hove-Mpofu (Ward 6), Donaldson Mabutho (Ward 9), Takunda Felix Madzana (Ward 18), Simbarashe Dube (Ward 20), Tinevimbo Maphosa (Ward 21), Thobeka Mmeli Moyo (Ward 22), and Arnold Batirai (Ward 24).
In his judgement delivered on Thursday, High Court Judge, Justice Never Katiyo, stated the nomination of the recalled CCC candidates was illegal and that these individuals should not run on Saturday’s by-elections.
“The decision of the Nomination Court sitting at Harare, Bulawayo, Gwanda, Lupane and/or any other location around the country on 7 November 2023 to accept the nomination papers and candidature of the first to 23nd respondents (that is the recalled CCC candidates) for election in the by-elections set to be conducted on 9 December 2023 is unlawful, of no force and effect and hereby set aside,” said the judge.
The High Court order, however, did not include the names of the recalled councillors, despite the fact that the legal contents of Justice Katiyo’s judgement could apply to them as well.
In an interview with CITE, Nqobani Sithole, one of the lawyers representing Sengezo Tshabangu who recalled the CCC members, warned that while the councillors could contest, they risk having their elections annulled.
“The order issued by the Judge covers MPs and Senators, though the councillors were recalled because that’s the same legal question,” he said and explained that although there was nothing stopping the councillors from contesting in the by-election their participation could be declared null afterwards.
“No, they can contest in the by-election. Nothing is stopping them. I’m saying afterwards, they risk having their election nullified because it is the same legal question that cuts across the board.”
However, Bulawayo mayor, David Coltart, urged voters to vote for the recalled councillors, saying only MPs were barred from running in the by-elections.
“There appears to be some confusion in Bulawayo regarding the election tomorrow. Only CCC MPs have been barred from contesting – the election for Councillors IS STILL GOING AHEAD. So please do not be apathetic – please go out and vote for these men if you want the transformation of our City to continue,” Coltart said on his X account.
In his court order, Justice Katiyo said the 23 barred CCC candidates included the recalled MPs and senators who are: Prince Dubeko Sibanda, Bright Moyo, Veliswe Nkomo, Jasmine Toffa, Stabile Mlilo, Pashor Raphael Sibanda, Nicola Jane Watson, Erick Gono, Evidence Sunungurai Zana, Morgan Ncube, Obert Manduna, Janeth Dube, Desmond Makaza, Gideon Shoko, Tendai Sibanda, Anastasia Moyo, Joel Gabuza, David Chimhini, Siphiwe Ncube, Felix Sibanda, Helen Zivira, Mativenga Madzikana and Munyaradzi Kufahakutizwi.
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