ZEC Slapped With Lawsuit Over Tshabangu Inclusion
5 January 2024
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Zimbabwe Electoral Commission Faces Lawsuit Over “Imposter” Inclusion.

By A Correspondent | In a groundbreaking legal development, the Zimbabwe Electoral Commission has been hit with a lawsuit concerning its controversial inclusion of Sengezo Tshabangu, who is internationally recognized as an “imposter.” This lawsuit emerges amid the commission’s conduct of bi-elections, significantly influenced by Tshabangu’s assertions that he is the Secretary General of the Citizens Coalition for Change party, led by Nelson Chamisa.

Justice Priscilla Chigumba

The legal action has been initiated by Brian Mari, a Zimbabwean based in South Africa, targeting a group of nine individuals. This list includes Chief Justice Luke Malaba, Zim Stats, the Attorney General, the Law Society of Zimbabwe, The Human Rights Commission, and Emmerson Mnangagwa’s lawyer, Lewis Uriri.

The core of the lawsuit is steeped in constitutional concerns. Mari’s submission states, “Should a person without authority get into parliament and change the constitution, I may suffer irreparable damage to my other rights enshrined in the constitution and law.” The argument extends to the fundamental nature of Zimbabwe’s constitution, ratified by its citizens, reflecting their collective will on governance.

Central to the case is the assertion that the constitution’s supremacy, as outlined in section 2, and its principles of good governance in section 3(2), are being compromised. These sections emphasize universal suffrage, the sanctity of free and fair elections, and adequate representation, foundational to Zimbabwe’s democracy.

This lawsuit represents a significant challenge to the Electoral Commission’s operations and raises critical questions about the legitimacy of its electoral processes. It underscores the tension between constitutional mandates and the practical realities of political maneuvering in Zimbabwe. The outcome of this legal battle is poised to have far-reaching implications for the country’s democratic framework and governance.