Zimbabwe is set to hold harmonised elections on August 23
while candidates are expected to file their papers at the Nomination Court on
June 21.
Government gazetted Statutory Instrument 144 of 2022 which
set nomination fees for those intending to contest in elections.
The gazetted fee for a presidential candidate was pegged at
US$20 000 and US$1 000 for MPs.
Nationalists Alliance Party (NAP) leader Devine Mhambi Hove
challenged the nomination fees at the Constitutional Court.
The apex court ruled that Parliament had breached the
Constitution by not looking at whether the statutory instrument 144 of 2022 was
in contravention of the Constitution before passing it.
The court gave Parliament up to Friday to finalise on the
matter.
In an interview yesterday, Justice, Legal and Parliamentary
Affairs Minister Ziyambi Ziyambi said the Natinal Assembly is expected to
discuss and even vote if the fee is to stand or not.
Minister Ziyambi said the processes that are expected to
unfold today is for Parliamentary Legal Committee to table a report on the
constitutionality of Statutory Instrument 144 of 2022.
He said if the committee issues a non-adverse report, the
fees will stand but if it tables an adverse report, it will have to justify its
decision before lawmakers make a decision.
“What it means is that the Parliamentary Legal Committee
(PLC) must sit and produce a report which I hope they did because they were
given up to the 16th of this month to complete those processes,” said Minister Ziyambi.
“And then go with their report to Parliament and issue
either a non-adverse report in which the fees will stand or they are issuing an
adverse report in which Parliament will debate and vote. I think tomorrow (today)
when they sit in the afternoon, we will know the position after the debate.”
He said before Parliament makes a decision on the
nomination fees, the gazetted fees are still operational.
“As we speak, the fees are still standing that’s according
to Constitutional Court because it said Parliament finish your processes.
Statutory instrument is subsidiary legislation because it is delegated powers
to make laws by Parliament,” he said.
“But once you make a statutory instrument it will start
working the day that you publish it. But if Parliament decides that it is not
constitutional then it falls away, so currently that statutory instrument is
still in operation until Parliament meets and complete its work.”
“The Speaker will highlight the one that was given an
adverse report and the chairperson of the Parliamentary Legal Committee would
then read out their report indicating the reasons for issuing an adverse report
on the law. Parliament will then vote whether to accept the report from PLC or
allow the Statutory Instrument to stand,” he said.
Minister Ziyambi said Mr Hove jumped the gun when he took
the matter to the Constitutional Court before Parliament had finalised its
process.
He said the court processes had to be finalised before
Parliament could act on the report.
“So, when this statutory instrument was issued, someone
rushed to the courts and then Parliament said we cannot continue with our
processes when the matter is before the court. So, the court said Parliament
should continue with your work and issue either a non-adverse or an adverse
report and complete,” he said.
Zanu-PF chief whip Cde Pupurai Togarepi said the party will
take a position after the PLC makes its submissions.
“At this stage we are waiting for the Parliamentary Legal
Committee to do its work as was directed by the court. The PLC will bring its
position to Parliament which will then give us direction. I therefore suggest
that we wait for the report from the relevant parliament committee,” said Cde
Togarepi.
On the other hand, MDC Alliance chief whip Mr David Tekeshe
said as the National Assembly debates the matter today, their position is that
the nomination fees were too high.
“Tomorrow, we expect to be deliberating on that. It is very
outrageous because it impedes other people who would be shut out on the basis
that they do not have money, yet they can represent the people, so they will
end up not contesting,” said Mr Tekeshe.
Constitutional lawyer Professor Lovemore Madhuku said it
will be ideal for the country reverts to the past nomination fees.
He said the right to contest in elections should not be
decided using money.
“They (nomination fees) take out people who would want to
participate in politics. It limits political participation to the elite. You
must have money to exercise your right to participate in politics and compete
for the public office. With the prevailing nomination fees, if you don’t have US$20
000 you cannot even aspire to be a president. I don’t think it’s proper to say
someone without money cannot be a president,” said Prof Madhuku. Chronicle
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