High Court judge Justice Bongani Ndlovu on Thursday ruled
that the Zimbabwe Electoral Commission (Zec) erred in accepting the nomination
papers from the candidates after the 4pm deadline when the nomination court sat
on June 21.
“Our lawyers confirm that they have filed an appeal against
the judgment under case number SCB86/23,” CCC spokesperson Fadzayi Mahere
confirmed.
“The noting of the appeal suspends the operation of the
judgment. Our candidatures are accordingly still on the ballot and remain there
until the appeal is heard and determined.”
The High Court ruling had given Zanu PF three seats, namely
Cowdray Park, Bulawayo South and
Nine other seats were still going to have an election as
there were more than three contesting parties.
Meanwhile, the Supreme Court yesterday dismissed an appeal
by self-exiled presidential candidate Saviour Kasukuwere who was challenging
his disqualification.
Kasukuwere’s team said they would lodge an appeal.
Supreme Court judges Justices Chinembiri Bhunu, George
Chiweshe and Susan Mavangira unanimously upheld a High Court ruling
disqualifying Kasukuwere’s candidacy.
“We carefully considered the evidence and oral submissions
by both counsels.
“The court is of the view the appeal lacks merit. The
appeal be and is hereby dismissed with no order as to costs,” the judges ruled.
A Zanu PF activist, Lovedale Mangwana, had challenged
Kasukuwere’s candidacy saying he was not eligible to contest having been out of
the country for over 18 months.
Election watchdogs yesterday said the August 23 election
has been thrown into a credibility crisis because of an avalanche of court
cases following the June 21 nominations court.
They said citizens’ rights to vote and choose their leaders
of choice had been trampled upon.
“The courts have a primary duty to promote the fundamental
rights of citizens which include political rights of citizens, their practice
must promote democracy,” Election Resource Centre legal and advocacy officer
Takunda Tsunga told NewsDay Weekender.
“However, in the 2023 environment, it has taken a very
strict and restrictive approach towards the expansion of political rights.”
Tsunga said the judgments were questionable.
“The (Judiciary’s) conduct has eroded citizen trust in the
Judiciary which will impact on its ability to independently arbitrate on any
post-election dispute and secondly, for parties and citizens to actually accept
whatever outcome results from the courts,” he said.
Zimbabwe Elections Advocacy Trust director Ignatius Sadziwa
said there was a clear weaponisation of the law against the opposition.
“The weaponisation of the law and meddling by the Judiciary
in democratic processes is a clear sign that the impending elections are a
foregone conclusion and its aftermath will be disputed,” Sadziwa said.
“This is a sad chapter for Zimbabwe’s constitutional
democracy, where the integrity and credibility of the Judiciary is put in
question. The principle of separation of powers has been eroded unfortunately.”
Political analyst Rejoice Ngwenya said the election process
had been tainted by the court cases.
“This can only confirm that our electoral processes are
tainted with partisan judgements, it only proves how compromised and captured
the judiciary is,” he said.
“Discredited yes, disputed not necessarily because it’s
possible to prevail under the current circumstances like Zambia. We can only
coin a phrase ‘litigation democracy’.”
Church leader Kenneth Mtata, said the country was “heading
towards the most discredited and disputed election”.
“Our Constitution is at the throes of death. We the people
must come to its rescue so that it can preserve our collective future,” Mtata
said. Newsday
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