HIGH Court Judge Justice Never Katiyo yesterday barred 22 Citizens Coalition for Change (CCC) legislators recalled from parliament by the party’s self-imposed secretary-general Sengezo Tshabangu from participating in the forthcoming by-elections.
The CCC yesterday indicated it would appeal the ruling. However, it was not clear by the time of going to print whether it had done so.
The by-elections will be held tomorrow.
The judgment arises from a dispute in which Tshabangu, cited as the first applicant and CCC listed as the second applicant, were seeking legal relief to have the recalled legislators and senators prohibited from taking part in the by-elections.
CCC leader Nelson Chamisa, through his party, deposed an affidavit opposing Tshabangu’s application.
Chamisa’s CCC is cited as the 25th respondent.
In handing down the judgment, Katiyo ordered the Nomination Court sitting in Harare, Bulawayo, Gwanda and Lupane to disregard the nomination papers filed by the first 22 respondents, who were recalled by Tshabangu.
In essence, Katiyo also instructed the Zimbabwe Electoral Commission (Zec) cited as the 23th respondent and the Justice, and Parliamentary Affairs minister not to print ballot papers with the names of the recalled legislators and senators.
It reads: “Whereupon after reading the filed of record and hearing counsel it is ordered that … the decision of the Nomination Court sitting at Harare, Bulawayo, Gwanda and or any other location around the country on 7 November 2023 to accept the nomination candidature of 1st to 22nd respondents for election in the by election set to be conducted on 9 December is unlawful, of no force and effect and thereby set aside.
“That 23rd and 24th respondents shall not include the names of 1st to 22nd respondents in the preparation of ballot papers to be used in the by-elections scheduled to be conducted on 9 December 2023.”
The judgement also prohibits the first cited respondent from campaigning ahead of the December by-elections.
“That 1st to 22nd respondents are not candidates for election in the by-elections scheduled to be conducted on 9 December 2023. That the 1st to 22nd respondents are interdicted from representing or holding themselves out to the general public and electorate in the constituencies concerned or any other place in Zimbabwe, whether physically or through any form of media, as candidates for election in by-elections scheduled to be held on 9 December 2023.”
Ultimately, Katiyo’s judgment ordered the recalled individuals, cited as the first 22 respondents and Chamisa’s CCC to bear the cost of the lawsuit.
Some of the respondents barred from participating in the by-elections include Prince Sibanda, Bright Moyo, Veliswe Nkomo, Jasmine Toffa, Joel Gabuzza and Helen Zivira.
The ruling was handed down under High Court case number HCH7543/23.
