The nomination court will sit tomorrow to confirm
candidates that will contest in six constituencies that fell vacant following
the recalls of CCC legislators by Tshabangu.
The six constituencies that will hold by-elections are
Pelandaba, Goromonzi South, Seke, Chegutu West, Zvimba East and Mkoba North.
The nomination court will sit at Tradegold Building in
Bulawayo, Marondera magistrates court, Chinhoyi magistrates court and Gweru
magistrates court.
Last week, the country held by-elections to fill other
vacant seats but recalled CCC members were barred from contesting the polls
after Tshabangu approached the High Court challenging their participation.
He argued that the recalled MPs could not participate in
the elections under the CCC banner because they had been expelled from the
party.
The High Court ruled
in Tshabangu’s favour in a ruling delivered in the middle of the night on the
eve of the elections last Saturday on December 9.
CCC spokesperson Promise Mkwananzi yesterday said this time
their candidates would contest the upcoming by-elections as independents.
“We are CCC and our leader is Advocate Nelson Chamisa. We are contesting in the elections and we are
winning,” said Mkwananzi.
In November, Harare High Court judge Justice Tawanda
Chitapi issued an interim interdict stopping Tshabangu, from recalling the
opposition party’s legislators and councillors pending the finalisation of
court cases on the ownership of the CCC.
There are several court matters over the ownership of the
CCC that Chamisa unveiled last year after his former ally-turned opponent,
Douglas Mwonzora, snatched the MDC from him.
Eyebrows have also been raised after the Zimbabwe Electoral
Commission cancelled a gazetted
by-election set for Victoria Falls on Tshabangu’s orders.
Last month, Tshabangu axed four CCC Victoria Falls
councillors paving way for by-elections.
But in a dramatic turn of events, Tshabangu rescinded his
earlier move prompting Zec to cancel the polls that were set for February 3.
Zec deputy chairperson Rodney Simukai Kiwa said the
electoral body acted within the confines of the law, but legal experts said the
move was illegal.
"The commission received a letter from the (Victoria
Falls) town clerk explaining that they have been recalled by error," Kiwa
told The Standard yesterday.
"Further the ( Local Government minister Winston
Chitando) also sent a letter to that effect."
Lawyer Dumisani Dube said Zec’s move was illegal and
unconstitutional as there were certain protocols to be followed before
cancelling the polls.
“I think it's irregular for ZEC as an administrative
authority to cancel a gazetted election before the election date in the absence
of extraordinary circumstances such as death or a natural disaster,” Dube said.
“It’s a violation of administrative rights in the
constitution and Administrative Justice Act and the Electoral Act and that
conduct is irregular, unprocedural and unconstitutional and smacks of bias,
unfairness and illegality.”
Another lawyer Jeremiah Bamu said the electoral body
exposed its double standards as opposed to how it acted in the past
by-elections.
“Zec has no power to cancel the by-election,” Bamu said.
“In this instance it was not up to Tshabangu to say he made an error, if he had
made an error.
“He should have gone to court and said I have made an error
and only then a court order would intervene.”
Bamu added: “It is the same as what took place in Chegutu
West when Gift Konjana won the election, Zec announced the wrong results and
recognised its error and it went on to say it has noticed and accepted its
error, but it can do nothing more except report."
Bamu said Zec should act in the same manner it did in the
Konjana case and allow the by-elections to go ahead. Standard
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