Lawsuit Challenges Zimbabwe Electoral Commission Over Alleged Irregularities, Sparking Political Controversy.
In a significant legal development ahead of Zimbabwe’s upcoming August 23 harmonized elections, the Zimbabwe Electoral Commission (ZEC) is facing a lawsuit from registered voters in Bulawayo. The lawsuit alleges that ZEC accepted nomination papers and candidatures from various political parties, including the Citizens Coalition for Change (CCC), outside the legally prescribed timeframes. While the court processes appear to be routine, there are claims of a government plot aimed at sabotaging Nelson Chamisa’s CCC party members’ chances of winning parliamentary and presidential power.
The Nomination Court, which convened on June 21 to accept papers from aspiring candidates, was followed by ZEC’s decision to extend the deadline to the next day in order to accommodate candidates who failed to file their nomination papers on time.
However, it has come to light that candidates from different parties, including the CCC, Zapu, Free Zim Congress, and the Zimbabwe African National Congress (ZANC), submitted their nomination papers after the 4 PM deadline.
In response to these alleged irregularities, twelve registered voters in Bulawayo filed urgent chamber applications for a declaratory order at the Bulawayo High Court on Friday night. The applicants are challenging ZEC’s decision to accept the nomination papers from opposition party candidates and are seeking the disqualification of the aspiring Members of Parliament who filed their papers outside the legally prescribed timeframes.
One of the applicants, Ms. Rachel Dube, a registered voter in the Mpopoma/Mzilikazi constituency, filed the application under case number HC 1362/23 through her legal representatives, Cheda and Cheda Associates. In her founding affidavit, Ms. Dube argues that ZEC’s decision to accept the nomination papers from the cited respondents is illegal and should be declared null and void.
Ms. Dube claims that prospective election participants were given ample time to ensure that their paperwork and affairs were in order ahead of the nomination day. However, she alleges that some political outfits, including the CCC, failed to meet the requirements. According to her affidavit, the nomination papers of the CCC and other respondents were in disarray, resulting in their initial rejection by the Nomination Court. She further contends that the respondents did not resubmit their nomination papers before the 4 PM deadline and were absent from the Nomination Court room or premises.
Ms. Dube asserts that the actions taken by the provincial elections officer were solely aimed at accommodating specific candidates and their colleagues from the same political parties in other constituencies in Bulawayo. She argues that ZEC violated the Electoral Act by accepting the candidature of the respondents after the 4 PM deadline, despite their absence from the Nomination Court.
Seeking urgent court intervention, Ms. Dube’s application requests an order prohibiting ZEC from including the names of the respondents in the preparation of ballot papers for the general elections. She clarifies that, as a registered voter and not a candidate, her application is within the jurisdiction of the High Court.
Ms. Dube’s application also seeks an order declaring the decision by the provincial elections officer to accept the respondents’ nomination papers null and void. Additionally, she requests that the respondents jointly and severally bear the legal costs.
The respondents, including ZEC, the mentioned candidates, and others, are yet to respond to the lawsuit. However, the legal challenge has attracted attention, and some individuals, such as Zanu-PF Treasurer General Cde Patrick Chinamasa, have expressed their views. Cde Chinamasa stated that it was illegal for ZEC to receive nomination papers awaiting the signature of CCC officials in Harare at the time the Nomination Court closed
on June 21. He also criticized the acceptance of nomination fees after the 4 PM deadline.
It is important to note that while claims of a government operation to sabotage Nelson Chamisa’s CCC party members’ candidature have been made, they remain unproven and disputed.
The court will continue to assess the lawsuit, which has added a layer of complexity and controversy to the forthcoming elections.- state media/additional reporting