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OpenZimbabwe 2023 Elections: ZANU PF Seeks Disqualification Of CCC Candidates
ZANU PF intends to pursue litigation for the disqualification of the nomination of the CCC candidates who were registered to participate in the election after the stipulated time. Zimbabwe’s Finance Secretary, Patrick Chinamasa, stated that the candidates’ nomination papers were submitted after the 4pm statutory deadline, and the law is “peremptory” about compliance. He said the Zimbabwe Electoral Commission had no legal right to accept nominations from candidates who were not within the court by 4 pm on June 21, 2023. ZANU PF has directed that litigation be urgently instituted for the disqualification of the nomination of the CCC candidates who submitted their papers out of time, in contravention of section 46 (7) and (8) of the Electoral Act. Chinamasa said:
1. With respect to the Harmonised Elections slated for 23 August 2023.21 June Wednesday 2023 was gazetted as the nomination day to receive nominations for National Assembly Election Candidates and Party List Election Candidates.
2. With respect to the time frame within which nomination papers are to be submitted Section 46 (7) and (8) of the Electoral Act Chapter 2:13) provides as follows:
No nomination paper shall be received by the nomination officer in terms of Subsection (6) after four o’clock in the afternoon of nomination day or. where there is more than one nomination day for the election concerned, the last such nomination day.
Provided that, if at that time a candidate or his or her chief election agent is present in the court and ready to submit a nomination paper in respect of the candidate the nomination officer shall give him or her an opportunity to do so. 8. The nomination officer shall examine every nomination paper lodged with him or her which has not been previously examined by him or her in order to ascertain whether it is in order and shall give any candidate or his or her chief election agent an opportunity to rectify any defect not previously rectified and may adjourn the sitting of the court for that purpose from time to time: Provided that the sitting shall not be adjourned to any other day that is not a nomination day-.
3. The provisions of the law arc peremptory. To comply with the 4pm statutory deadline for the submission of nomination papers the candidate should be within the Nomination Courtroom with a validly signed nomination paper and the requisite nomination fee. The law is also peremptory that any adjournments for purposes of rectification of defects shall not be to any other day that is not a Nomination Day. In the instant case 21 June 2023 was the gazetted Nomination Day.
ZANU PF says the following CC’C candidates submitted their nomination papers out of time:
1)). Kapoikulu surrender (Bulawayo Central)
2). GumedeMinehle Ntandoyenkosi (Bulawayo North)
3). Watson Nicola Jane (Bulawayo South)
4). Sibanda Pashor Raphael (Cowdray Park)
5). Bajila Collins Discent (Emakhandeni/Luveve)
6). TshumaDingilizwe (Entumbane/Njube)
7). Dube Prince (Entumbane/Njube)
8). Gono Dereck (Lobengula/Magwegwe)
9). Makaza Desmond (Mpopoma/Mzilikazi)
10). Manduna Obert (Nketa)
11). Moyo Desire (Nkulumane)
12). Moyo Soneni (Pelandaba/Tshabalala)
13). Siziba Gift (Pelandaba/Tshabalala)
14). MahlanguSichelesile (Pumula)
15). Mhlanga Albert (Pumula)
Added Chinamasa:
5. In short the CCC candidates referred to above were not in court with signed nomination papers and nomination fee by the time the Nomination Court closed at 4pm on 21 June 2023. As the above will show the Nomination Court sat on 22 June 2023 again in contravention of section 46 (7) and (8) of the Electoral Act.
6. The Zimbabwe Electoral Commission had no legal right to accept the nominations referred to from candidates who were not within the court by 4pin on 21 June 2023. Further, the Zimbabwe Electoral Commission had no legal right to sit as a Nomination Court on 22 June 2023 to receive and accept nomination papers from CCC candidates referred to above.
7. We are aware that failure by CCC candidates to submit their nomination papers on time were due to the structureless, constitutionless and banking accountless organisation that CCC is. It was illegal for ZEC to receive and accept nomination papers awaiting the signature of some CCC Official who was in Harare at the time the Nomination Court closed at 4pm on 21 June 2023. Equally, it was illegal for ZEC to accept payment of nomination fees after 4pm on 21 June, 2023 and to wait for the payment from a CCC Official who was said to be still in Harare as at 4pm on 21 June 2023.
8. The law is “a ass” and must be obeyed and complied with.
9. Accordingly ZANU PF has directed that litigation be instituted urgently for the nullification of the nomination of the CCC candidates mentioned above and whose papers were submitted out of time in contravention of Section 46 (7) and (8) of the Electoral Act( Chapter 2:13).
Law expert, Thabani Mpofu, suggests that ZANU PF’s decision to ask a court of law to disqualify CCC candidates is significant.
Zimbabwe will hold harmonised elections on August 23, 2023.
The nomination court sat last Wednesday, and the Zimbabwe Electoral Commission (ZEC) stated that only candidates who had submitted their papers but had difficulty making payments could register, even beyond the stipulated time. The commission rejected late submission stating that any nomination paper submitted after the proclamation date was in breach of the constitution.
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