The Movement for Democratic Change (MDC), led by Senator Douglas Mwonzora, has asserted that the Zimbabwe Electoral Commission (ZEC) lacks the authority to compel their party’s participation in the upcoming 2023 harmonized election, which the MDC alleges to be fraudulent. Senator Mwonzora withdrew from the presidential race due to concerns regarding the mishandling of the electoral process by the ZEC. He expressed discontent with the ZEC’s decision to exclude 87 MDC candidates for Members of Parliament, perceiving it as an act of political discrimination.
Subsequently, the ZEC promptly issued a statement clarifying that a presidential candidate has the option to withdraw from the race by providing written notification to the Chief Elections Officer of the ZEC, 21 days prior to the polling day. This announcement was widely interpreted as implying that the ZEC had already printed the ballot papers, with Mwonzora’s name included despite his withdrawal. Conversely, presidential aspirant Saviour Kasukuwere, who was disqualified from the election, does not appear on the ballot papers, despite his case still being pending before the courts. This has led to speculation that the election outcome has been predetermined.
In a statement obtained by Pindula News and dated August 11, 2023, the MDC asserts that the ZEC cannot coerce them into participating in the elections. Reads the statement:
<blockquote>
<h3>ZEC Can’t Force Us to Participate in a Fraudulent Election</h3>
The Zimbabwe Electoral Commission (ZEC) issued a statement that our Presidential candidate cannot withdraw his candidature. In their reply to us delivered on the 9th of August 2023, ZEC stated that they cannot “remove” our candidate’s name on the ballot paper.
The impression here is that the ballot paper has already been printed. How can that be, when the case of a presidential candidate Saviour Kasukuwere was still pending in the courts? We are boycotting the election because ZEC unfairly disqualified 87 of our parliamentary candidates. Further, there has been selective application of the law against the MDC.
In cases to do with rights of candidates to participate, ZEC has always acted in favor of candidates participating. However, It has acted differently In cases involving the MDC. In fact, it has mounted spirited legal battles against the participation by MDC candidates. This is a matter of historical record. The MDC cannot accept this discrimination by an election management body.
What is clear is that ZEC is punishing the MDC for having challenged the delimitation report. It is insisting on our candidate to remain in the race because they have prematurely printed ballot papers and they know it is illegal. The MDC can never agree to be part of a farce and a sham that this election has turned out to be.
We reiterate that our President cannot be forced to take part in a process that lacks integrity. ZEC knows that it has made this election a serious and monumental fraud. 
</blockquote>
In May, Mwonzora contested the ZEC delimitation report, alleging that it favoured the ZANU PF party. However, he lost the case on a technicality when the courts ruled that Mwonzora was not affected by delimitation since his constituency encompassed the entirety of Zimbabwe. As a result, voters have the freedom to select presidential candidates regardless of their geographical location. Mwonzora sought a court declaration to invalidate the delimitation, instruct the ZEC to redo the process, and compel President Emmerson Mnangagwa to postpone setting an election date until a new delimitation report was available. If Mwonzora’s application had been granted by the Constitutional Court, the 2023 general elections would have been delayed. Chief Justice Luke Malaba argued that as a presidential candidate, Mwonzora was not impacted by constituency boundaries. Additionally, he questioned why Mwonzora, as the leader of the MDC-T, had not presented sworn affidavits from potential candidates who would have been adversely affected by the delimitation.
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MDC: ZEC Can't Force Us To Participate In A Fraudulent Election

The Constitutional Court (ConCourt) has agreed to urgently hear opposition MDC leader, Senator <a href="https://zero.pindula.co.zw/mwonzora-sues-zec-mnangagwa-over-delimitation-report/">Douglas Mwonzora’s application</a> which challenges the <a href="https://www.pindula.co.zw/ZEC">Zimbabwe Electoral Commission (ZEC)</a> delimitation report. Mwonzora filed a chamber application for direct access to the apex court, which was granted because his case was considered arguable.
A bench led by <a href="https://www.pindula.co.zw/Paddington_Garwe">Paddington Garwe</a> ruled that Senator <a href="https://www.pindula.co.zw/Douglas_Mwonzora">Douglas Mwonzora</a>‘s delimitation challenge is valid and must be heard by a full bench. Mwonzora wants the ZEC delimitation report to be nullified, claiming that it was not done properly. ZEC argues that everything is in order and that redoing the report would be a waste of resources.
Trust Maanda, representing Mwonzora, said that the Senator had an equal interest in the matter since he is running in the upcoming elections. He argued that Mwonzora’s case should be heard as it involves the abuse of constitutional rights and that ZEC relied on a preliminary census report by Zimstat, which was wrong. Maanda said:
<blockquote>
The contention before the court is that the delimitation report is an essential element of achieving free and fair elections. The position of the appellant is that unless the delimitation report is in terms of the constitution, it is unconstitutional.
</blockquote>
Tawanda Kanengoni, speaking on behalf of ZEC, argued that there was little difference between the preliminary and final census report from Zimstat and that Mwonzora’s case had no basis. Kanengoni also stated that Mwonzora’s application lacked clarity because he did not specify what he found discriminatory.
Award-winning journalist, Hopewell Chin’ono, claims that the ruling ZANU PF doesn’t want elections scheduled for later this year to proceed and is using Mwonzora, its alleged ally, to push that agenda through courts.
Elections could be delayed if Mwonzora wins the case as the delimitation exercise would need to be redone. Zimbabwe is set to hold harmonised elections between July 26 and August 26 of this year.
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ConCourt Agrees To Hear Mwonzora's ZEC Delimitation Report Challenge

Exiled former Tourism Minister, <a href="https://www.pindula.co.zw/Walter_Mzembi">Walter Mzembi</a>, has predicted political engagement and inclusive dialogue in Zimbabwe as a result of the “defaulted” ZEC delimitation report.
The Zimbabwe Electoral Commission (ZEC) conducted a delimitation exercise and produced a report which was gazetted by President Emmerson Mnangagwa.
The delimitation report will be used in the harmonised elections scheduled for July.
Stakeholders including the <a href="https://zero.pindula.co.zw/delimitation-report-ed-not-satisfied-zec-rigged-enough-advocate-mpofu/">ruling ZANU PF</a>, the opposition Citizens Coalition for Change and the Movement for Democratic Change (MDC) have said the delimitation process was flawed.
In a Twitter post seen by Pindula News, Mzembi said there will likely be political engagement. Reads the prediction posted on his 59th birthday:
<blockquote>
My birthday message to Zimbabweans is what I see coming. Constitutional stalemate which may be predicated by a defaulted ZEC delimitation report if challenged. It will usher us to the next stage of political engagement and inclusive dialogue. This is my analysis nothing to do with wanting to be accommodated. Let’s see how time reveals things not easily seen by many people or that they probably don’t understand.
</blockquote>
The opposition MDC led by Senator Douglas Mwonzora has already <a href="https://zero.pindula.co.zw/mwonzora-sues-zec-mnangagwa-over-delimitation-report/">approached the courts to have the delimitation report nullified.</a>
Mwonzora says the delimitation report violates the constitution. He also demanded that election dates must be announced only after the delimitation exercise has been re-done.
On the other hand, CCC has said an <a href="https://zero.pindula.co.zw/election-boycott-is-out-of-the-question-mahere/">election boycott is out of the question</a> although Zimbabwe needs electoral reforms. 
Mzembi predicted inclusive dialogue when Nelson Chamisa who leads the CCC party has since 2018 refused to participate in the Political Actors Dialogue (POLAD) platform initiated by President Emmerson Mnangagwa.
Chamisa says nothing meaningful will come out of POLAD. 
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