Twelve urgent chamber applications were filed at the Bulawayo High Court on Friday night by registered voters in Bulawayo who are challenging the Zimbabwe Electoral Commission (ZEC)’s decision to accept the nomination papers from opposition Citizens Coalition for Change (CCC) candidates who allegedly arrived late at the nomination court.
Zanu-PF, last week, said it was instituting litigation against ZEC for accepting CCC candidates in Bulawayo who failed to meet the 4pm deadline.
The accused candidates 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), Soneni Moyo (Pelandaba-Tshabalala), Gift Ostallos Siziba (Pelandaba Tshabalala), Sichelesile Mahlangu (Pumula) and Albert Mhlanga (Pumula).
One of the applicants, 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 protesting the decision by ZEC to accept late nomination papers belonging to opposition candidates.
ZEC 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) are cited as respondents.
“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.”
She added: “By 4pm on 21 June 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.
“Instead, frantic and last minute efforts were being made by the respondents to comply with the requirements of procedure and the law.”
Dube said ZEC could not, by law, receive nomination papers after 4pm on 21 June 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.
“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,” she said.
The respondents are yet to respond.
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