CCC Approaches ZEC Over Withdrawal Of Ballot Papers For 09 December By-elections
The Citizens Coalition For Change (CCC) has approached the Zimbabwe Electoral Commission (ZEC) in a bid to ensure that the names of its candidates who were duly nominated on 7 November 2023 to contest in the 09 December by-elections remain on the ballot papers.
In a statement on Friday, ZEC Chief Elections Officer, Utoile Silaigwana announced the withdrawal of ballot papers in eight constituencies that were affected by a ruling by High Court judge Justice Never Katiyo who nullified the nomination of recalled CCC for the Saturday by-elections.
On Thursday, CCC’s deputy spokesman Gift Siziba said that the party had appealed against the decision by Justice Katiyo at the Supreme Court.
Today, 08 December, Siziba said CCC officials visited the ZEC offices and furnished Silaigwana with a copy of their Supreme Court appeal.
As a general rule, an appeal at the Supreme Court suspends a High Court judgement until the higher court makes a ruling on the matter. Said Siziba:
We have just been to @ZECzim and have served The Chief Elections Officer Slaigwana with our Supreme Court Appeal accompanied by a letter demanding the assurance that our candidates are on the ballot for tomorrow.
CCC, through its legal representative Mbidzo, Muchadehama & Makoni Legal Practitioners, wrote to ZEC this Friday. The letter read in part:
PRINCE DUBEKO SIBANDA AND 23 OTHERS v CITIZENS COALITION FOR CHANGE AND 3 OTHERS – CASE No. SC 679/23 REF CASE No. HCH 7543/23
We refer to the above matter in which orders were granted by the High Court (per Katiyo J) in Case No. HCH 7543/23.
We write to advise that our clients Prince Dubeko Sibanda and 23 others have appealed the High Court judgement/orders in this matter. Case No. SC 679/23 refers. We attach hereto a copy of the notice of appeal duly issued by the Supreme Court.
In the High Court, the 1st and 2nd Respondents were seeking declaratory orders, consequential relief and interdicts.
We contend that the noting of the appeal suspends the High Court judgement appealed against. To this end, we demand those of our clients in respect of whom by-elections are due to be held on 09 December 2023 be on the ballot papers.
The letter identifies the affected CCC candidates as follows: Sibanda Dubeko Prince (Binga North), Moyo Bright Vanya Lupane East (Cowdray Park), Watson Nicola Jane (Bulawayo South), Gono Ereck (Lobengula-Magwegwe), Ncube Morgan (Beitbridge West), Manduna Obert (Nketa), Makaza Desmond (Mpopoma-Mzilikazi).
On Thursday, Sengezo Tshabangu’s lawyer Advocate Lewis Uriri was reported as saying that the order granted by the High Court in the case of the recalled CCC MPs standing in by-elections was “declaratory and an appeal will not suspend the order.”
However, CCC legislator, Fadzayi Mahere argued that Uriri’s assertion is incorrect. Said Mahere:
That’s incorrect. An appeal suspends the operation of a court order. In the case of Musa Kika v Luke Malaba CJ HH 287/21, the court held that an appeal suspends an order appealed against including declaratory orders that grant consequential relief such as an interdict.
This is exactly the case in the by-election recalls case. Once an appeal is noted, that order will no longer be operative. That’s the law.
Tshabangu is CCC’s self-proclaimed interim secretary general who initiated the recalls which triggered the by-elections.
Justice Katiyo granted Tshabangu’s application to bar the 22 recalled CCC Members of the National Assembly from contesting in Saturday’s by-election after ruling that the move by the nomination court to accept their papers was unlawful.
More: Pindula News
