By George Swarei
The disqualification of 12 Citizens Coalition for Change (CCC) Bulawayo National Assembly candidates has been described as an unconstitutional attack on the will of the people.
Bulawayo High Court Judge Justice Bongani Ndlovu, Thursday, ruled that 12 Citizens Coalition for Change MP candidates in Bulawayo filed their nomination papers on 21 June 2023 beyond the stipulated time, hence their candidature in the 2023 Parliamentary elections was nullified.
The development, which has sparked a fierce political debate at a critical time – just less than a month before the plebiscite-has been outrightly condemned by the main opposition party, CCC, which believes this is a ploy by the ruling party ZANU PF to gain undue advantage in the upcoming elections.
If the ruling is to stand the test of the law at the appeal stage, then ZANU PF will go into the election leading by 12 MPs, who will be declared winners unopposed.
In the 2018 elections, the opposition(MDC-Alliance then) lost one constituency in Bulawayo after the party fielded two candidates, resulting in a split vote, which handed Zanu-PF’s Raji Modi the seat.
Zanu PF and CCC are expected to square off in the 23 August 2023 election which is expected to draw a huge turnout, with almost 6 million voters having registered to vote, according to the figures released by the Zimbabwe Electoral Commission (ZEC).
Last week, Bulawayo High Court judge Justice Bongani Ndlovu reserved judgment in the matter in which 12 registered voters in Bulawayo were challenging the Zimbabwe Electoral Commission (ZEC)’s decision to accept nomination papers of members of various political parties who filed their papers outside the timeframes.
The Zimbabwe Electoral Commission had opposed the applications, insisting that the 12 had filed by 4PM.
In a statement, the CCC Spokesperson Fadzayi Mahere said the court decision confirms that ZANU-PF can never win a free and fair election in Zimbabwe.
“The decision militates against citizens’ right to vote in leaders of their choice. Section 117 of the Constitution unequivocally states that the legislative authority of Zimbabwe is derived from the people, not ZANU-PF or any other state institution,” she said.
Mahere said the attempt to impose candidates on the citizens of Bulawayo is a dark stain the country’s democracy and confirms that Zimbabwe is now a full-blown dictatorship, worse than Robert Mugabe.
“Yet even at his worst, Robert Mugabe never tried to brazenly remove opponents he knew he would lose against from the ballot.
Mahere said the affected candidates filed their nomination in time as opposed to the claims by the court.
“It is a matter of public record that the 12 affected candidates were duly nominated to contest for the House of Assembly in Bulawayo. The said candidates filed their nomination papers well within the time limits stipulated by our Electoral Law,” said Mahere.
She added that this fact was admitted by the ZEC which is the constitutional and administrative body mandated to receive nomination papers within the ambit of the Constitution and the Electoral Act.
The CCC has sought to urgently file an appeal against the judgment hoping to reverse the decision which automatically gifts Zanu PF 12 seats uncontested.
“We have taken note of the judgment of the High Court barring the CCC candidates from participating in the elections. We respectfully disagree with it and will be taking the necessary legal steps to ensure that elections are held. Candidates must continue with their work undeterred,” CCC legal representative Advocate Thabani Mpofu said.
The Nelson Chamisa-led party says it will also invoke all legal, political and regional measures available under Zimbabwe’s Constitution as well as the SADC and African Union mechanisms to ensure that the ability of the citizens to choose their leaders as required by the constitution is respected and duly safeguarded.
Mahere also claimed that this shows that ZANU PF is afraid of the CCC hence is resorting to other unconstitutional means to gain an advantage.
“There can be no doubt that ZANU PF is afraid of facing the CCC in a free and fair election and has instead resorted to regrettable violations of the Constitution in an attempt to maintain its grip on Power.
“As we challenge today’s decision, we remain unshaken in the fight for change and a New Great Zimbabwe that works for everyone and where the authority to govern is derived from the people, and not from those who wish to undermine the Constitution and the voice of the citizens.”
But ZANU PF officials have denied being involved in the court decision. While ZANU PF has not issued an official statement on the matter at the time of going to print, a number of senior officials took to the social media to support the court’s decision.
Secretary for Information and Broadcasting Services, Nick Mangwana said, “Bulawayo Seats up for grabs for those who remain in the race after those who filed their nomination papers late were barred from further participation in the polls for the National Assembly.”
Tendai Chirau a ZANU-PF Politburo member said: “These are manifestations and evidence of the faultlines of strategic ambiguity as a strategy. I prefer strategic clarity!”
Investigative Journalist, Hopewell Chin’ono also voiced his concerns, blaming Chamisa for centralizing power to the detriment of the party.
“A tragic reality that could have been avoided if only the local leadership had been empowered to run things. Nomination Court was opened on 10 June and there was no need to file nomination papers at the last minute,” he said.
