The High Court in Harare has granted Sengezo Tshabangu an order to expunge the names of recalled parliamentarians from ballot papers of the weekend by-elections.
In his ruling, Justice Never Katiyo ordered that the decision of the Nomination Court sitting in Harare, Bulawayo, Gwanda, Lupane and other locations on November 7 to accept nomination papers and candidature of the 22 respondents for election in the by-elections to be conducted on 9 December, 2023, “is unlawful, of no force and effect and hereby set aside.”
Katiyo said, “… The 22 are interdicted from representing or holding themselves out to the general public and electorate in the constituencies concerned or any other place in Zimbabwe, whether physically or through any form of media, as candidates for elections in by elections scheduled to be held on 9 December 2023.”
The respondents were compelled to pay the legal costs.
Tshabangu’s lawyers said the ruling cannot be set aside when Chamisa’s CCC faction files an application in the Supreme Court challenging the High Court order.
In a statement, some of the lawyers representing Tshabangu said, “A declaratory order does not create rights. It states the position of law or fact as of a given date. A declaratory order is for this reason not suspended by the noting of an appeal. The order granted, by being a declaration of rights, will not be suspended by the noting of an appeal.”
But CCC’s deputy spokesperson Gift Ostallos Siziva said they have filed an urgent Supreme Court application challenging the High Court ruling.
Siziva said, “There is nothing that will stop us from participating in the Saturday by-elections as we have approached the Supreme Court for a fair adjudication on this matter.”
His views were echoed by Fadzayi Mahere, CCC Member of Parliament for Mt. Pleasant, who argues in an X post that a Supreme Court appeal will set aside the High Court order.
Meanwhile, the Zimbabwe Electoral Commission says it has received the High Court order and is withdrawing all ballot papers in constituencies dotted across Zimbabwe.
In a statement, ZEC elections director Utoile Silaigwana said, “In terms of the court order, the Commission has been ordered not to include the names of the said persons in the preparation of ballot papers to be used in the by-elections. The Commission is thus withdrawing all ballot papers that had been printed and distributed to the respective Constituencies and will reprint and redistribute ballots that are in compliance with the court order.”
Silaigwana noted that this will not affect the number of “ballots to be printed and the number remains as notified in the notice published on the 27 November 2023. The printer remains Printing and Minting Company.”
Tshabangu recalled the following CCC lawmakers claiming that they were no longer members of the party: Sibanda Dubeko, Prince Moyo, Bright Vanya, Nkomo Veliswe, Toffa Jasmine, Mlilo Stabile, Sibanda Pashor Raphael, Watson Nicola Jane, Gono Ereck,Zana Evidence Sunungurai, Ncube Morgan, Manduna Obert, Dube Janeth, Makaza Desmond, Shoko Gideon, Sibanda Tendai, Moyo Anastasia, Gabuzza Joel, Chimhini David, Ncube Siphiwe, Sibanda Felix, Zivira Helen, Madzikana Mativenga.
Chamisa’s CCC faction claims that Tshabangu is an imposter being used by the ruling Zanu PF party, which wants to change Zimbabwe’s constitution to extend President Emmerson Mnangagwa’s term of office. Zanu PF denies that Mnangagwa wants to remain in office after serving two terms as defined in the southern African nation’s constitution.
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