Electoral Court clears 47 nomination appeals

candidates and political parties.

By Tuesday, the court, sitting in Bulawayo and Harare had dealt with all the challenges that were filed mainly by members of the two MDC formations over decisions made by the Nomination Court that sat on June 28.

Acting Registrar of the High Court Mr Sithembinkosi Msipa confirmed the development, saying the matters were treated with urgency.
“The High Court sitting as the Electoral Court has managed to deal with the 47 appeals brought before it,” he said. “The matters were treated with urgency and they were all cleared within two days both in Harare and Bulawayo.”

Out of the 47 cases, 17 were successful, while 12 were thrown out, with the parties withdrawing 18 others.
Bulawayo received 24 appeals and eight were upheld while three were dismissed, 13 others were withdrawn.

In Harare, 23 appeals were recorded and nine succeeded, while another nine were thrown out. The parties withdrew five others.
The matters were spread among 16 judges in Harare, while three judges in Bulawayo worked together to clear the 24 matters.

The appeals, which are mainly from MDC-T and the MDC include cases of suspended councillors who failed to file their nomination papers due to pending cases as well as matters of aspiring candidates whose applications failed after their names could not be found on the voters’ roll.

Other appellants were disqualified for being under-age, among other reasons. MDC-T dominated the court roll in Harare, with several cases in which the party was fighting its former members who successfully filed nomination papers using a logo that they felt resembled the party’s.

Local Government, Rural and Urban Development deputy minister Sessel Zvidzai challenged the decision by the Nomination Court to accept papers from his opponent Tadius Chimombe in Gweru Central National Assembly Constituency who used a logo that “closely resembled” that of MDC-T.

Chimombe is a former party member who registered to contest as an independent candidate in the same constituency.
Justice Chinembiri Bhunu on Monday threw out the appeal on the basis that it was filed out of time.

Chimombe was also cited in another case by MDC-T that was dismissed by the same judge.
The party was contesting the use of the same logo and it sought an order barring Chimombe and five other councillors in Gweru from using it because of its similarities to that of the party.

The same judge threw out the party’s application on the basis that Section 46(19) (b) of the Electoral Act that the party relied on in filing the appeal was only meant for appeals by individuals and not political parties.

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