After hearing an application that claimed the required amount of money was out of reach for some candidates, the Constitutional Court issued an order that ordered Parliament to decide on election nomination fees.
On August 23, Zimbabwe will have harmonised elections, and on June 21, candidates are due to submit their paperwork to the Nomination Court.

Statutory Instrument 144 of 2022, which established nomination costs for people wishing to run for office, was published in the Government Gazette.

A presidential candidate’s gazetted fee was set at $20,000 and a member of parliament’s cost at $1,000.

The nomination costs were contested before the Constitutional Court by Devine Mhambi Hove, the head of the Nationalists Alliance Party (NAP).

The Supreme Court decided that Parliament had violated the Constitution by approving the legislative instrument 144 of 2022 without first determining whether it was in compliance with the Constitution.

Parliament was given till Friday by the court to make a decision.

Ziyambi Ziyambi, Minister of Justice, Legal, and Parliamentary Affairs, stated in a recent interview that it is anticipated that the National Assembly would debate and maybe vote on whether or not to maintain the fee.

According to Minister Ziyambi, a report on the validity of Statutory Instrument 144 of 2022 is likely to be presented by the Parliamentary Legal Committee today.

He stated that if the committee delivers a report that is neutral, the fees would stand, but if it issues a report that is negative, the committee will need to provide justification for its conclusion before lawmakers can act.

“What it means is that the Parliamentary Legal Committee (PLC) must sit and produce a report which I hope they did because they were given up to the 16th of this month to complete those processes,” said Minister Ziyambi.

“And then go with their report to Parliament and issue either a non-adverse report in which the fees will stand or they are issuing an adverse report in which Parliament will debate and vote. I think tomorrow (today) when they sit in the afternoon, we will know the position after the debate.”

He said before Parliament makes a decision on the nomination fees, the gazetted fees are still operational.

“As we speak, the fees are still standing that’s according to Constitutional Court because it said Parliament finish your processes. Statutory instrument is subsidiary legislation because it is delegated powers to make laws by Parliament,” he said.

“But once you make a statutory instrument it will start working the day that you publish it. But if Parliament decides that it is not constitutional then it falls away, so currently that statutory instrument is still in operation until Parliament meets and complete its work.”

“The Speaker will highlight the one that was given an adverse report and the chairperson of the Parliamentary Legal Committee would then read out their report indicating the reasons for issuing an adverse report on the law. Parliament will then vote whether to accept the report from PLC or allow the Statutory Instrument to stand,” he said.

Minister Ziyambi said Mr Hove jumped the gun when he took the matter to the Constitutional Court before Parliament had finalised its process.

He said the court processes had to be finalised before Parliament could act on the report.

“So, when this statutory instrument was issued, someone rushed to the courts and then Parliament said we cannot continue with our processes when the matter is before the court. So, the court said Parliament should continue with your work and issue either a non-adverse or an adverse report and complete,” he said.

Zanu-PF chief whip Cde Pupurai Togarepi said the party will take a position after the PLC makes its submissions.

“At this stage we are waiting for the Parliamentary Legal Committee to do its work as was directed by the court. The PLC will bring its position to Parliament which will then give us direction. I therefore suggest that we wait for the report from the relevant parliament committee,” said Cde Togarepi.

On the other hand, MDC Alliance chief whip Mr David Tekeshe said as the National Assembly debates the matter today, their position is that the nomination fees were too high.

“Tomorrow, we expect to be deliberating on that. It is very outrageous because it impedes other people who would be shut out on the basis that they do not have money, yet they can represent the people, so they will end up not contesting,” said Mr Tekeshe.

Constitutional lawyer Professor Lovemore Madhuku said it will be ideal for the country reverts to the past nomination fees.

He said the right to contest in elections should not be decided using money.

“They (nomination fees) take out people who would want to participate in politics. It limits political participation to the elite. You must have money to exercise your right to participate in politics and compete for the public office. With the prevailing nomination fees, if you don’t have US$20 000 you cannot even aspire to be a president. I don’t think it’s proper to say someone without money cannot be a president,” said Prof Madhuku.