The Nomination Court sat on June 21 to accept papers from
aspiring candidates. ZEC sat the next day to accommodate some aspiring
candidates who had failed to file their papers on time.
The candidates from various parties which include Citizens
Coalition for Change (CCC), Zapu, Free Zim Congress and the Zimbabwe African
National Congress (ZANC) submitted their papers after the 4PM deadline.
ZEC has since published the final list of candidates
participating in the August 23 harmonised elections.
Twelve urgent chamber applications for declaratory order
were filed at the Bulawayo High Court on Friday night by registered voters in
Bulawayo.
They are challenging ZEC’s decision to accept the
nomination papers from the opposition party candidates.
They are seeking the disqualification of the aspiring MPs
for allegedly filing their nomination papers outside the timeframes.
One of the applicants, Ms Rachel Dube, a registered voter
in Mpopoma/Mzilikazi constituency, filed the application under case number HC
1362/23 through her lawyers Cheda and Cheda Associates.
In papers before the court she cited ZEC, its chairperson
Justice Priscilla Chigumba, the Bulawayo provincial elections officer Mr
Innocent Ncube, Desmond Makaza (CCC candidate), Zwikwete Innocent Mbano (ZANC)
and Strike Mkandla (independent candidate)
In her founding affidavit, Ms Dube said ZEC’s decision to
accept the nomination papers from the cited respondents was an illegality which
should be declared null and void.
“Prospective election participants were all in all accorded
ample time to put their paperwork and affairs in order ahead of the nomination
day. Regrettably, for some of the political outfits, this turned out not to be
the case.
“The third, fourth and fifth respondents were election
candidates of CCC, ZANC and independent candidate respectively in the Bulawayo
Metropolitan Province and for the Mpopoma/Mzilikazi constituency,” she said.
“Despite the Nomination Court properly commencing at 10am
on June 21, 2023, the nomination papers in relation to the third, fourth and
fifth respondents were in disarray.”
Ms Dube said the disarray resulted in the disputed
candidates being turned away by the Nomination Court in order to rectify the
fatal defects that were in their nomination papers.
“By 4pm on June 21, 2023, the third, fourth and fifth
respondents had not resubmitted their nomination papers before the Nomination
Court. In addition, the respondents were also not within the Nomination Court
room or premises,” she said.
“Instead, frantic and last-minute efforts were being made
by the respondents to comply with the requirements of procedure and the law.”
Ms Dube said the steps taken by the provincial elections
officer were solely aimed at accommodating Makaza, Mbano and Mkandla and their
colleagues from the same political parties in other constituencies in Bulawayo.
“In the premises, I have now approached this Honourable
Court on an urgent basis seeking an order prohibiting ZEC from including the
three respondents’ names in the preparation of ballot papers to be used in the
general elections scheduled to be conducted on August 23, 2023,” she said.
“I acknowledge that Section 161 of the Electoral Act
confers certain adjudicative powers within the context of electoral disputes in
terms of the Act, on the Electoral Court. However, I am not a candidate in the
upcoming elections but only a registered voter.”
Ms Dube said in terms of section 46(7) and (8) of the
Electoral Act, the provincial elections officer erred by accepting the
candidature of Makaza, Mbano and Mkandla.
“ZEC could not, by law, receive nomination papers after 4pm
on June 21, 2023 where the three respondents and their agents were not present
in the Nomination Court. However, the provincial elections officer proceeded to
receive, consider and accept the nomination papers of Makaza, Mbano and Mkandla
after 4pm,” she said.
“There was no factual or legal basis for Makaza, Mbano and
Mkandla being permitted to submit their nomination papers after 4pm when the
cut-off time had undeniably lapsed. In conclusion I aver that this court
application is urgent and pray that this Honourable Court intervenes in order
to uphold the dictates of the law.”
Ms Dube wants an order declaring the decision by the
provincial elections officer to accept the three respondents’ nomination papers
null and void and set aside.
She also wants the respondents to jointly and severally pay
the legal costs.
Mr Ncube presided over the Nomination Court in Bulawayo.
The respondents are yet to respond. Last week, Zanu-PF
Treasurer General Cde Patrick Chinamasa said it was illegal for ZEC to receive
and accept nomination papers awaiting the signature of some CCC officials in
Harare at the time the Nomination Court closed at 4pm on June 21.
He said equally, it was illegal for ZEC to accept payments
of nomination fees after 4pm on June 21 and to wait for the payment of a CCC
member who was said to be in Harare at the closing of the Nomination Court.
CCC candidates who failed to meet the 4pm deadline are
Surrender Kapoikulu of Bulawayo Central constituency, Minenhle Ntandoyenkosi
Gumede (Bulawayo North), Nicola Jane Watson (Bulawayo South), Pashor Raphel
Sibanda (Cowdray Park), Collins Descent Bajila (Emakhandeni-Luveve) and
Dingilizwe Tshuma (Entumbane-Njube).
The other candidates are Prince Dube (Entumbane-Njube),
Dereck Gono (Lobengula-Magwegwe), Desmond Makaza (Mpopoma-Mzilikazi), Obert
Manduna (Nketa), Desire Moyo (Nkulumane), Sineni Moyo (Pelandaba-Tshabalala),
Gift Ostallos Siziba (Pelandaba Tshabalala), Sichelesile Mahlangu (Pumula) and
Albert Mhlanga (Pumula). Chronicle
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