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OpenHigh Court Bars Recalled CCC MPs From Running In 09 December By-elections Despite Supreme Court Appeal
High Court judge Justice Isaac Muzenda on Friday night granted an application by Sengezo Tshabangu, confirming that recalled CCC MPs cannot stand in by-elections being held today, reported ZimLive.
However, local authority by-elections are unaffected by court order, and this means that all the candidates recalled by Tshabangu in October have an opportunity to reclaim their seats.
Tshabangu had made an application seeking leave to execute Justice Never Katiyo’s order pending appeal.
His lawyers admitted that the appeal by the Nelson Chamisa-led CCC to the Supreme Court could allow recalled MPs to run in the by-elections. Read the High Court order issued on Friday:
The application for leave to execute pending appeal be and is hereby granted. It is ordered that the judgement of this court in HCH7543/23 be carried into execution pending appeal in SC679/23. There will be no order as to costs.
On Thursday, Justice Katiyo granted an application by Tshabangu to disqualify 22 recalled CCC MPs and senators from participating in the 09 December by-elections.
CCC then appealed the ruling at the Supreme Court and thereafter demanded that the Zimbabwe Electoral Commission (ZEC) retain the names of its candidates on the ballot papers.
The affected individuals are 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), Kufahakutizwi Munyaradzi Phebion (Mabvuku-Tafara).
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