The 12 Citizens Coalition for Change (CCC) parliamentary candidates in Bulawayo whose nomination was nullified by the High Court submitted their nomination papers through a police officer in violation of the Electoral Act, it has emerged.
CCC has argued that its candidates submitted their nomination papers on time, that is, before 4 PM when the Nomination Court sat on 21 June 2023.
The Zimbabwe Electoral Commission (ZEC) also said that the 12 disqualified candidates submitted their nomination papers on time.
Posting on Twitter on Saturday, a senior member of CCC, David Coltart said that Rajeshkumari Modi, the ZANU PF candidate for Bulawayo South also only had his papers finalised by ZEC at 16.20 PM. Added Coltart:
Given the farcical judgment in the High Court, his nomination should be nullified too. I’m told there are numerous other ZANU PF candidates in the same predicament.
However, it has emerged from the ruling delivered by Justice Nokuthula Moyo, on behalf of Justice Bongani Ndlovu, that the applicants in the matter submitted that the ZEC violated the law by collecting the nomination papers through a police officer.
The applicants argued that the law states that a candidate or his or her agent must be in court and ready to submit at 4 PM, and not the papers alone. Reads part of the judgement:
We now know that a Police Officer collected the nomination papers from the candidates. The Applicants’ case is that the Respondent (CCC candidates) violated the law.
I have also been moved by both sides of the bar, to give Section 46 (7) and (8) of the Act the golden rule of interpretation.
The Nomination Court closed at 4 pm. Once it closed it was no longer sitting in open court and by the time the respondents sat before him they were not doing so in open Court.
The separation of the papers from the Respondents through the medium of the Police Officer was unlawful.
The statute says the candidate or his/her agent must be in court and ready to submit at 4 pm.
It does not say that the candidate’s papers alone must be in the courtroom.
The 1st Respondent, therefore, violated the provisions of the Electoral Act in that regard as he also did close to midnight when he adjourned to 22 June 2022.
A ZEC official, Pretty Gadzikwa, also stated that just before 4 PM, a police officer manning the door was instructed to collect all nomination papers from the aspiring candidates who were outside the Courtroom as the room could only accommodate a maximum of 15 people. Said Gadzikwa in her affidavit:
1. On the 21st of June 2023 at 15:55 hrs the Nomination Officer, Mr. I. Ncube announced that the court was about to close at 16:00hours. He went on to instruct the police officer manning the door to collect all Nomination papers from the aspiring candidates who were outside the Courtroom. The Courtroom was very small and could only allow batches of fifteen (15) people at a given time.
2. After collecting all the Nomination forms outside, the police officer brought them before the Nomination officer’s desk. The nomination officer at 1600hrs announced that the court was now closed for new nomination papers to be submitted.
3. Processing all nomination papers on the nomination officer’s desk was done up to midnight when the results were announced. The times shown on the form written Submission Form were times when Individual forms were completely Processed.
CCC has since appealed to the Supreme Court and the case will be heard this week.
More: Pindula News