dyton mupawaenda
Peter Matika-Bulawayo Bureau
FORMER Zanu PF councillor for Ward 6 in Cowdray Park suburb, Bulawayo, Cde Kidwell Mujuru, has filed an urgent High Court application challenging the election and swearing in thereafter of Mr Nkosilathi Mpofu as councillor of the ward, after he was recalled by the CCC before the December 9 by-elections.
In his founding affidavit, Cde Mujuru cited Mr Mpofu as the first respondent, the Zimbabwe Electoral Commission as the second respondent and the chairperson of the electoral commission as the 3rd respondent.
Cde Mujuru, in an affidavit gleaned by our Bulawayo Bureau, argues that Mr Mpofu’s participation in the December 9 by-elections was illegal.
“The 1st respondent was elected to the Ward 6 Bulawayo Municipal Council in the general elections held on August 23, 2023, as a member of CCC. After a few months he ceased to belong to that party.
“The party’s interim secretary general, Sengezo Tshabangu then informed the Minister of Local Government and Public Works accordingly and pursuant to provisions of Section 129 (1) (k) of the Constitution of Zimbabwe 2013, 1st respondent was then recalled from being councillor of Ward 6 Bulawayo Municipality Council,” said Cde Mujuru.
He went on to argue that since Mr Mpofu was recalled by CCC, he then immediately ceased to be a member of the party and therefore ceased to be a councillor.
Cde Mujuru said Mr Mpofu misrepresented himself in the Nomination Court when he filed his papers as a CCC candidate.
“I must state that some of the recalled official kin of the position of the 1st respondent challenged the recalls at the High Court in case numbers HCH6449/23 and HCH6684/23 resulting in the judgment by Mutevedzia H in Sibanda and Ors v Tshabangu and Ors v Tshabangu and Anor HH – 601 -23,” read part of the affidavit.
Cde Mujuru said written communication was made by Mr Tshabangu to Parliament informing them of the recalls and the challenges by the former members of the party were dismissed.
“Further under the case HCH7543/23, the High Court sitting in Harare made a declaration that the recalled members could not participate as members of the Citizens Coalition for Change in the by-elections arising from their recall,” said Cde Mujuru.
“It is clear that the 1st respondent’s participation in the by-election was an irregularity and unlawful and was in any case contrary to findings made in an extant judgment of this court,” he said.
“His acceptance as a candidate was on the back of conduct perpetrated in clear contempt and defiance of the fact of his recall. It is a decision procured by misrepresentation at any rate to the extent that the 1st respondent was not re-admitted to CCC and his use of its name in nomination papers is without licence and amounts to misrepresentation,” said Cde Mujuru.
He urged the court to take the case seriously, saying this was a serious public matter that concerns the manner in which elections are held.
“I submit that public policy demands that there be determination on this issue once and for all,” said Cde Mujuru.
Online Reporter