The Zimbabwe Electoral Commission (ZEC) secured a larger courtroom in Bulawayo for the December 18 by-election nomination court sitting, a departure from the smaller venues used for the national elections in June and subsequent by-elections in November.
Although some may think the venue or size of the courtroom is nondescript, the size does matter and was one of the issues that was raised in the Nomination Court challenges that took place in July this year during the High Court hearing where some registered voters accused the 12 Citizen Coalition for Change (CCC) candidates and others of filing their nomination papers after the 4 pm deadline.
In that case, ZEC was named as the first respondent since the applicants claimed the commission illegally accepted the candidates’ nomination papers after the 4 pm deadline.
During the hearing, the then-ZEC presiding officer of that Nomination Court, Innocent Ncube, stated that while 12 candidates and others filed on time, the courtroom, Court 5, was small and could not accommodate everyone.
However, the applicant’s lawyer, Advocate Thembinkosi Magwaliba, questioned why ZEC did not obtain a larger courtroom, noting that the law required the candidates to be present inside the Nomination Court for the nomination process.
“We know that the candidates were not inside. If the courtroom was small, why not get a bigger courtroom? It wouldn’t have mattered if the candidates stood on top of desks because the candidates should have been inside the courtroom,” argued Magwaliba at the time.
However, for the November 7 Nomination Court, ZEC continued to use ‘small’ Court 5 for the Nomination Court sitting for the December 9 by-elections.
For the current December 18 Nomination Court sitting, ZEC had a larger courtroom with more space and benches this time, Room 17 of the Tredgold Magistrate’s Court.
When asked how ZEC managed to have a bigger court this time around, ZEC Chief Elections Officer, Utloile Silaigwana said the Judicial Services Commission (JSC) granted them a bigger courtroom.
“When it comes to the Nomination Court venues, we ask from the JSC because they are the owners of the courts,” Silaigwana said.
Silaigwana also acknowledged that a bigger courtroom eased the convenience for both candidates and ZEC through the nomination process.
“If JSC gives us a smaller venue on a particular day it is because there will be no space but we always ask them that if they have space they must give us a bigger court so that every candidate who wants to file nomination papers can do so and avoid failing to file,” said the ZEC CEO.
Nonetheless, the ZEC CEO said despite the size or venue of the courtroom when the Nomination Court was supposed to sit it will do so in compliance with the law.
“But you must realise that when the court is in session, it will open no matter where the venue or size for the required stipulated hours set by the law,” Silaigwana said.
In July, 12 registered voters filed urgent chamber applications at the Bulawayo High Court, claiming ZEC had accepted candidate nomination papers from parties including CCC, ZAPU, Free Zim Congress and the Zimbabwe African National Congress (ZANC), as well as an independent, after the 4 pm deadline.
These 12 applicants wanted the courts to prevent the candidates from running in the elections and cited ZEC and different opposition party candidates as respondents.
The High Court granted the application and disqualified the 12 CCC candidates and others from contesting in the August 23 national elections.
This judgement was later overruled by the Supreme Court which allowed the 12 CCC candidates and others to contest in the national elections.
