High Court nullifies nomination of independent candidate in Vic Falls council by-election

THE High Court has disqualified independent candidate, Mr Ephias Mambume from contesting in the November 30 Victoria Falls City Council Ward 1 by-election following an electoral petition by Zanu-PF candidate Cde Tonderai Mutasa.

In his notice of appeal, Cde Mutasa, through his lawyers Ncube and Partners, argued that Mr Mambune’s candidature following the acceptance of his nomination parts by ZEC was unlawful due to his failure to pay rates and water charges for his properties in Mkhosana suburb in Victoria Falls.

Mr Mambume owes Victoria Falls City Council more than US$17 000 in unpaid water bills and service charges.

In papers before the court, Mr Mambume, an ally of former Citizens’ Coalition for Change (CCC) president Mr Nelson Chamisa, Ms Sitembile Mlilo, the presiding officer of the nomination court, and the Zimbabwe Electoral Commission (ZEC), were cited as respondents.

Bulawayo High Court judge Justice Bongani Ndlovu ruled that ZEC’s decision to accept Mambume’s nomination papers was unlawful.

The ruling has automatically declared Cde Mutasa duly elected councillor for Ward 1 since it was only him and Mambume contesting in the race.

“It is ordered that the third respondent (Mr Mambume) was disqualified from nomination as a candidate by operation of law in that he was in default with the payment of water and rates charges payable to the Victoria Falls City Council in respect of stand 1658 BB7 and had been in such default for a period of over 120 days, a violation of the Electoral Act,” said Justice Ndlovu.

The judge said the decision by Ms Mlilo who presided over the nomination Court on October 15 was in error and violated the applicant’s rights in terms of the Constitution of Zimbabwe.

“Consequently, the third responded as a candidate for Ward 1 be and is hereby set aside. Tonderai Mutasa be and is hereby declared duly elected councillor for ward 1,” ruled Justice Ndlovu. He said each party is to pay its costs.

Mr Mambume, who was elected councillor for Ward 1 in 2023, was recalled by the Citizens Coalition for Change (CCC) interim secretary-general Mr Sengezo Tshabangu.

The challenge to the Electoral Court by Cde Mutasa was based on Mr Mambume’s alleged failure to pay rates with records showing he owed ZWG 103 039 and US$7 127,50 on one stand, alongside US$5 160 on another.

The local authority has said Mr Mambume owes US$17 500.

In his opposing papers, Mr Mambume disputed the arrears claim, and since appeal the High Court decision at the Supreme Court.

“I have approached the Supreme Court because the decision of the lower court is shockingly at variance with the facts of the matter. I am not in arrears in excess of 120 days. I produced original statements and copies of fiscalised legal receipts as proof that I am not in default in my payments for water and rates,” he argued.

“These are just desperate efforts by the corrupt cabal that is using my competitor as a pawn to block me from going back into the council boardroom. They are afraid of an election. I will continue canvassing for votes because I am confident that my appeal to the Supreme Court will succeed,” he said.

According to court documents, Mr Mambume was in default regarding the payment of rates and water charges for his two stands in Mkhosana and BB7, having remained in default for over 120 days.

The applicant said the defaults rendered Mr Mambume disqualified under the provisions of the Electoral Court. Victoria Falls town clerk Mr Ronnie Dube said the council is looking into the issue of arrears in respect of Mr Mambume.

Mr Mambume was chairman of the Council Finance Committee during his tenure as a councillor. — @ncubeleon