The current debate in Zimbabwe over the 27 July High Court ruling in Bulawayo barring CCC candidates from standing for election in the 23 August plebiscite because they missed the 16:00HRS nomination court deadline rages with all manner of interpretations.
What is clear though is that while ZANU PF supporters are celebrating this technical victory and the CCC candidates plot to counter ZANU PF, it is Zimbabwe and its citizens that will emerge as the ultimate losers come election day.
The judiciary as well as the ZANU PF party is missing a chance at guaranteeing Zimbabwe’s peace, security and enhancing democracy by this judgement which is overly legalistic and devoid of political praxis.
Is the High Court court even sure the 16:00HRS deadline was “missed”?
The argument that the CCC candidates missed a 16:00HRS cut off deadline is clear at law. However, questions must be asked how the High Court was able to determine the “lateness” of the CCC candidates in submitting their nomination papers.
An easy to determine case would be if the CCC candidates strutted or scurried into the Nomination Court proceedings even a minute past 16:00HRS. In that case, the case would have been fait accompli.
The administrative questions on how the Nomination Court conducted its business on that fateful day does not become immediately clear. The High Court judgement could have provided its reasoning by carrying out a simple administrative test on the way the Nomination Court conducted itself on the nomination day.
One question would have been to question if the CCC candidates were in queue or not for the submission of their nomination papers when the clock struck 16:00HRS.
A second test could have been carried out by the High Court to determine if the Nomination Court had their staff at work and on time to serve the applicants.
In addition, the High Court should have been able to prove that the Nomination Court’s system was so efficient that it was able to serve all the “customers” within the time they started until 16:00HRS.
A calculation could also have been made on the number of candidates the Nomination Court served on that day and establish if it was mathematically possible to serve all of them by 16:00HRS.
There is precedence in Zimbabwe’s electoral system that even on election day if there are still people queuing up after the 19:00HRS cut off time the Elections Officer can still decide that all the outstanding voters who were in the queue at the cut off time can still vote.
Thus, in the same manner, if it can be proven that the CCC candidates in question were in the queue or duly submitted their papers as argued by the Zimbabwe Elections Authority then the case must be reviewed and at the least be overturned.
Legalizing elections into pyrrhic victories – the pitfalls of the Bulawayo High Court judgement
With all due respect, the High Court judgement missed an important opportunity to defend democracy, peace and maintaining the credibility of the 23 August 2023 by not considering at least three things: (i) the highly competitive and charged context in which the 2023 Zimbabwe elections are happening, (ii) the practical political issues as well as the (iii) peace dividend Zimbabwe enjoys at the moment.
Ignoring the Zimbabwe elections context
The importance of the upcoming election on 23 August 2023 cannot be overemphasized. Zimbabwe’s elections are highly competitive and the fact that they are harmonised and happen once every five years is an important that cannot be brushed aside.
Citizens need to exercise their right to choose their representatives at the local, legislative, and presidential levels without prejudice.
For this simple reason, the people of Zimbabwe cannot be prejudiced of their important right to vote because for example in this case a misguided plea to the court seeking a pyrrhic technical victory by a ZANU PF supporter was made to the Hight Court followed by an equally insensitive judgement which did not consider the context of the once in five years electoral process.
Legalism without political praxis – the fate of the Bulawayo High Court judgement
Elections need tolerance and political maturity from contestants. This High Court judgement has exhibited the complete opposite. While the rules of the elections process must be followed, the politics of the game must also be respected.
There is no point in both parties garnering to win elections through backhand tactics. To ensure legitimacy, ZANU PF and the CCC would be well advised to let go of these elections petitions especially this one that concerns the lateness of the Nominations submissions.
It is a process devoid of praxis and lacks political maturity all in the name of seeking pyrrhic victories.
A judgement excoriating the peace earned post the 21 November coup.
While the High Court judgement could be deemed final by the ZANU PF supporters who are already celebrating the victory of their candidates, this could spell doom for the country.
It is not anyone’s intention to spell doom for the country and threaten the peace Zimbabwe currently enjoys. However, anyone in their right mind should be sensitive to the fact that the peace that Zimbabwe enjoys especially after Mugabe’s deposition remains fragile and needs constant nurturing.
Frustrating the hordes of young people that form the bulk of the voters in the country who are already perplexed by the poor economic situation in the country is political arrogance of the highest order and serves to disenfranchise voters.
There is a huge risk that the High Court judgement could serve as incitement fodder for chaos on the streets for those supporters who were expecting to vote for their candidates but suddenly will not enjoy that opportunity because of a peace threatening procedural petition over the issue of a time limit.
Legalism creates order ONLY when served to politically mature politicians.
The High Court Judgement while a constitutional right of the ZANU PF supporters who petitioned the court stands misguided in this instance. The High Court could have interrogated the issues at hand more liberally and issued an objective judgement barring strict interpretations of the law.
As much as elections are about adhering to the legal niceties, they are also equally political. Proceeding to the upcoming election based on legalisms purporting to grant political parties such pyrrhic victories is dangerous for the prevailing peace in the country and the practice of politics and democracy in Zimbabwe.
Technical victories cause illegitimacy and ferment discontent. Both the CCC and ZANU PF would be better advised to contest the election in a fair manner following the rules of the game but also taking note of the responsibilities they hold for Zimbabwe’s citizens.
The judiciary needs to be mindful that it cannot adjudicate this election or any other as if it operates in a political vacuum. ZANU PF needs to guard its almost secured and certain victory without trying to cajole the Matabeleland voter to support them by hook or crook.
“That is not it!”, the famous lady declared AND … Zimbabwe does not want to repeat this after the 23 August election or call upon “MUGABE” to carry out DNA tests to verify the legitimacy of the election.
You can follow Tendai Chabvuta on his blog
Muchiri kuziva chirungu cha lawyer vaye ku ConCourt,ndicho chirikushanda apa
Did they or did they not miss the deadline