Legal challenge in Victoria Falls by-election

Rutendo Nyeve, Sunday News Reporter

THE Zanu-PF aspiring candidate in the upcoming local authority by-election in Victoria Falls, Tonderai Mutasa, has filed a legal challenge in the Electoral Court against the nomination of an independent candidate Ephias Mambume widely believed to be an ally of Mr Nelson Chamisa.

The challenge is based on Mambume’s alleged failure to pay rates.
Documents provided in the application indicate that Mambume owes ZWG 103,039 and US$7,127.50 on one stand, alongside US$5,160 on another. Mutasa has named Sitembile Mlilo, the Zimbabwe Electoral Commission and Mambume as the first, second and third respondents, respectively.

Mr Nelson Chamisa

In his appeal, Mutasa contends that Mambume is in default regarding the payment of rates and water charges for his two stands, having remained in default for over 120 days. He argues that these defaults render Mambume disqualified under the provisions of the Electoral Act.

“Mambume was disqualified from nomination as a candidate by operation of law in that he was in default with the payment of rates and water charges payable to the City of Victoria Falls in respect of stand number 9401 Mkhosana, Victoria Falls and stand 1658 BB7, Victoria Falls, respectively and had been in such default for a period in excess of one hundred and twenty days as shown in annexures ‘A’ and ‘B’ and was thereby disqualified in terms of section 119(2)(h)(i) of the Electoral Act (Chapter 2:13),” reads the application by Mutasa.

The appeal further notes, “Take notice that the appellant (Mutasa) being a Zanu-PF candidate in Ward 1, Victoria Falls by-elections scheduled for 30 November 2024, hereby appeals against the decision of the first respondent (Sitembile Mlilo) made on 15 October 2024 in which first respondent, who was presiding officer of the Nomination Court sitting at the council boardroom, City of Victoria Falls, on 15 October 2024, accepted the nomination papers of Mambume as a candidate in by-elections for Ward 1, Victoria Falls when he was disqualified for such nomination.”
Mutasa is seeking relief arguing that the court should invalidate Mambume’s nomination, allowing him to be declared the duly elected councillor for Ward 1 by default.

Tonderai Mhondiwa

In September last year, residents of Victoria Falls protested the election of a new mayor, accusing CCC leader, Mr Nelson Chamisa, of dictatorial practices and attempting to impose Mambume as a candidate over local preferences.
During a council meeting intended to elect a new mayor and deputy, residents voiced their opposition to the process.

They alleged that Mr Chamisa had directed then Bulawayo Deputy Mayor, Donaldson Mabutho to push for the election of Mambume as mayor, with Clr Priscilla Mhlanga as deputy. Ultimately, the council chose Prince Thuso Moyo over Mambume, who has since been recalled twice by CCC Secretary General, Sengezo Tshabangu, leading to the impending by-election. —@nyeve14

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