SC to rule on 12 CCC candidates today

Chief Court Reporter

The Supreme Court appeal bench of three judges was putting together their final decision overnight in the appeal by 12 CCC Bulawayo National Assembly candidates against a High Court decision to bar them from contesting the August 23 harmonised elections because they submitted their nomination papers out of time and will announce their decision today.

Justice Bongani Ndlovu sitting at High Court in Bulawayo last week barred the 12 candidates after another voter approached the court in a civil suit accusing them of filing their nomination papers after 4pm with the Zimbabwe Electoral Commission exceeding its discretionary powers by adjourning the court to the next day. The 12 immediately appealed.

Yesterday the court of appeal heard submissions by both parties’ legal counsel and reserved its judgment to today.

The affected aspiring legislators are Surrender Kapoikulu (Bulawayo Central), Minenhle Ntandoyenkosi Gumede (Bulawayo North), Nicola Watson (Bulawayo South), Raphael Sibanda (Cowdray Park), Collins Discent Bajila (Emakhandeni/Luveve), Tshuma Dingilizwe (Entumbane/Njube), Prince Dube (Entumbane/ Njube), Dereck Gono (Lobengula/ Magwegwe), Desmond Makaza(Mpopoma/Mzilikazi), Obert Manduna (Nketa), Desire Moyo (Nkulumane), Soneni Moyo (Pelandaba/Tshabalala), Gift Ostallos Siziba (Pelandaba/Tshabalala), Sichelesile Mahlangu (Pumula) and Albert Mhlanga (Pumula); there were several double nominations for a single constituency.

 The CCC candidates are seeking to reverse the lower court ruling arguing it erred in assuming jurisdiction over a matter which is by constitutional and statutory command subject to the exclusive jurisdiction of the Electoral Court and so erred in entertaining what was in essence a review disguised as a declaratur. 

In his ruling Justice Ndlovu also ordered the Zimbabwe Electoral Commission to exclude the names of the aspiring candidates in the ballot papers.

The appeal to the Supreme Court suspended the lower court ruling and the candidates remained on the ballot.

The Nomination Court sat on June 21 to accept papers from aspiring candidates in Bulawayo Metropolitan, but then sat again the next day to accommodate aspiring candidates who had failed to file their papers on time.

Six other candidates from Zapu, Free Zim Congress and ZANC also submitted their papers after the 4pm deadline and were also disqualified.