The judges hear electoral petitions while the magistrates, who
have been drawn from all the 10 provinces, will have to deal with criminal
cases of politically motivated violence.
The assignment of the judicial teams means that the judges
and magistrates continue with their normal work, but should a case arise which
concerns the elections, the nearest or other most appropriate presiding officer
adjourns the normal work and moves promptly to sorting out the election issue.
The large teams mean that there should be no queues or delays.
JSC Chairperson and Chief Justice Luke Malaba made the
announcement yesterday in a Statutory Instrument of an extraordinary Government
Gazette.
The Chief Justice appointed the 35 judges of the Electoral
Court Division of the High Court in terms of the Electoral Act after
consultation with the Judicial Service Commission and the Judge President of
the High Court. The judges are available to the division from June 1 to
December 31.
The appointed judges are Justices: Judge President Maria
Dube, Garainesu Mawadze, Happias Zhou, Joseph Mafusire, David Mangota, Maxwell
Takuva, Amy Tsanga, Nokuthula Moyo, Esther Muremba, Davison Moses Foroma,
Tawanda Chitapi, Nyaradzo Munangati-Manongwa, Phildah Muzofa, Isaac Muzenda,
Neville Wamambo, Sylvia Chirawu-Mugomba, Benjamin Chikowero, Pisirai Kwenda,
Jacob Manzunzu, Evangelista Kabasa, Christopher Dube-Banda, Siyabona Musithu,
Sunsley Zisengwe, Webster Chinamora, Gladys Mhuri, Emilia Muchawa, Fatima
Maxwell, Rodgers Manyangadze, Joseph Chilimbe, Cathrine Bachi-Muzawazi, Bongani
Ndlovu, Samuel Deme, Munamato Mutevedzi, Never Katiyo and Lucie-Annie Mungwari.
While only two judges have to be appointed to the Electoral
Court, Chief Justice Malaba last year for the large batch of by-elections and
now with the main election approaching has always increased the team so that
the decentralisation of the courts can be used to speed up work and delays need
not occur.
The Electoral Court is defined as a court of record with
exclusive jurisdiction to hear appeals, applications and petitions and to
review any decision of the Zimbabwe Electoral Commission or any other person
made or purporting to have been made under that legal provision.
It shall have powers to give such judgments, orders and
directions in those matters as might be given by the High Court.
The designation of the magistrates was “to try cases of
politically motivated violence and intimidation in the provinces under which
their names appear before, during and after the harmonised elections for
President, Members of the National Assembly and councillors scheduled to take
place on 23 August.”
Legal analysts commended the setting of the Electoral Court
saying it dovetailed well with the country’s desire to have credible elections.
“This is a legal requirement which is meant to safeguard
the integrity of elections and it is a good move,” said Advocate Choice Damiso.
She however, said there were still other means that ought
to be attended that were outside the purview of judicial officers. “This is
just but one of several other requirements to ensure a free and fair election
like protection of women and vulnerable people from violence,” she said.
Parliament’s Justice, Legal and Parliamentary Affairs
portfolio committee chairperson, Cde Misheck Mataranyika commended the
appointment.
“Who else is better qualified to handle electoral disputes
than judges. So this is a progressive move that will ensure electoral disputes
are handled expeditiously,” said Cde Mataranyika who is also a legal
practitioner.
Another legal practitioner said the appointment of Judges
demonstrated Government’s commitment to a free and fair election.
“The appointment is consistent with the Electoral Act and
shows commitment to deliver credible election,” said the lawyer who preferred
anonymity.
The country is now in election mode after President
Mnangagwa proclaimed August 23 as the date on which harmonised elections will
be held.
The Nomination Court is set to sit at the High Court to
consider nomination of presidential candidates while the same court will sit in all the 10 provincial capitals to
consider and accept parliamentary and local authority candidates include party
list candidates. Herald
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