
Vusumuzi Dube, Online News Editor
THE High Court has dismissed the application by the 14 CCC legislators contesting their recall from Parliament by the party’s interim secretary-general, Mr Sengezo Tshabangu paving the way for by-elections set to be held on 9 December in nine constituencies that fell vacant following the recalls.
The recalled legislators had approached the court challenging the legal standing and authority of Mr Tshabangu to recall them from Parliament. Hight Court Judge Justice Munamato Mutevedzi however, dismissed the application noting that the applicants failed to produce their party constitution or any document which showed that the first respondent (Mr Tshabangu) could possibly not have held the position he claimed he held.
Justice Mutevedzi said while the applicants claim to be members of the CCC, none of them has an administrative position from which to contest the claims made by Mr Tshabangu.
He took a swipe at the party’s failure to having a constitution, noting that while it was not a prerequisite for the formation of a political party, it was highly advisable if situations like the one before the court were to be avoided.
“A serious political party is one which envisages running the affairs of the State. That on its own means having millions of citizens in its membership and other structures. It ideally would have administrative structures through which it is run. A political party which does not have constitutive documents to make reference to opens itself up to the vagaries of inclement political weather. There possibly could be nothing to stop any member of such an institution from successfully claiming any position in it,” said Justice Mutevedzi.
The judge questioned the failure by the CCC party to be the one making the application against Tshabangu, as it the party that knew its members and hence could determine the validity of the recalls.
“. . . the applicants made a mortal error. They claim to be members of the party. They are therefore simply children therein. None of them has an administrative position from which to contest the claims made by the first respondent. None of them can speak for and on behalf of the party. Their parent is the party itself. It is the one which knows who is a member and who is not. It ought to have been in court to speak about these issues. It was required to support the applicants’ claims that it is not the party which initiated the termination of their tenures in Parliament. I am not sure why the party leader is averse to appearing in court,” reads the judgement.
Justice Mutevedzi further took a swipe at the applicants’ lawyers for using offensive language in an affidavit, saying an applicant who displays such disrespect to respondents whom he/she has dragged to court does himself a complete disservice by clouding his/her argument in insults.
“An affidavit which is full of infantile insults may easily lose its essence and detract the party deposing to it from properly putting across his/her/its case. In addition, my view is that it is inappropriate for a litigant to denigrate a person or institution which he/she has deliberately neglected to cite in court papers with the full knowledge that whatever aspersions he/she casts on that person/institution, he/she/it will not have the opportunity to answer back. The applicants’ attack on the political party called Zanu-PF appears completely off side. In reality it smacks of cowardice and uncalled for grandstanding. Allegations can only be made against a party who is before the court. In legal parlance, an allegation refers to a claim of fact not yet proven to be true. It is not synonymous with an insult,” he said.
The judge further dismissed the applicant’s argument that anyone can “pick a piece of tissue and write a letter of recall to the speaker”, saying this also applied to the letters that were purportedly written by the party leader, Nelson Chamisa to Parliament dismissing the recalls.
“Anyone else could certainly write to the speaker alleging that Nelson Chamisa is the only one permitted to make recalls in the CCC political party. The only thing which can be authentic are proper constitutive documents of the concerned political party with clear office bearers whose powers are clearly stated therein. In the absence of such it can easily be a free for all scenario.
“And when it degenerates to that level, the remedy is not to see ghosts in other people and other institutions but to self-introspect and seek to stop the putrefaction. The danger posed by and the incredulity of the Nelson Chamisa letters stems from the fact that it could have taken no effort at all, if the party did not want to participate in these proceedings, to depose even to a supporting affidavit or to have given written authority to one of the applicants to litigate on behalf of the party,” he said.
As a result, the nomination Court will sit on Tuesday to receive nomination papers from prospective candidates for the December 9 by-elections. Our Harare Bureau reports that Government last week approved a US$5 million budget for the Zimbabwe Electoral Commission (ZEC) to conduct the by-elections to fill vacant seats in the National Assembly that were prompted by the expulsion of the opposition legislators last month.
The elections will be held in Beitbridge West, Binga North, five constituencies in Bulawayo which are Bulawayo South, Cowdray Park, Lobengula-Magwegwe, Mpopoma-Mzilikazi and Nketa. Other Parliamentary elections will be in Lupane East, Mabvuku-Tafara in Harare. Senators will be elected depending on the votes amassed by each political party.
ZEC deputy chairperson Ambassador Rodney Kiwa told our Harare Bureau that the approved budget covers funding for the Gutu West by-election scheduled for Saturday. Voting in the constituency was postponed following the death of a duly nominated candidate, Cde Christopher Rwodzi, before the 23-24 August harmonised elections.
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“The budget required for the 2023 by-elections is US$5,3 million, equivalent to $35 billion. All other required materials like ballot papers, stationery, tents, lights and ink are available. The commission was fully capacitated to meet the requirements of the upcoming by-elections by Treasury. The commission is prepared to conduct the by-elections comfortably without any challenges,” he said.
Amb Kiwa said all was set for sitting of the Nomination Court.
“We began preparations for the Nomination Court when President Mnangagwa proclaimed dates for the by-elections. We have authorised signatures (of party officials) from the parties that we will use to receive nomination papers from prospective candidates.”
Each of the National Assembly candidates will pay a US$1 000 nomination fee. Only those who registered to vote before October 25, he said, will be allowed to cast ballots in the by-elections.
“Our voter registration system is continuous and the proclamation of the by-elections was done on 23 October and the voters’ roll for the by-elections closed two days after proclamation,” he added.
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