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be withdrawn, however, no action was taken then.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.” CITE
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