By Staff Reporter
In a blow to the Citizens Coalition for Change (CCC), the High Court has ruled that recalled Members of Parliament are prohibited from participating in the upcoming by-elections on Saturday. The court determined that their acceptance as candidates by the Nomination Court was illegal.
Judge Never Katiyo’s judgment specifically excluded 22 respondents from Matabeleland Province from contesting the by-elections. However, Munyaradzi Kufahakutizwi, the opposition candidate from Mabvuku-Tafara, remains eligible to compete against Zanu PF’s Pedzai “Scott” Sakupwanya as he was not included in the current legal proceedings.
This ruling marks a significant development in the ongoing political landscape of Zimbabwe and could have implications for the outcome of the upcoming by-elections.
Tshabangu’s lawyer, Nqobani Sithole, clarified, “We only dealt with the names which our client provided us. I don’t know why he (Kufahakutizwi) was not on the list. We don’t interrogate our clients. We only take instructions”
Katiyo brief court order reads, “Whereupon after reading documents filed of record and hearing counsel it is ordered that: the decision of the Nomination Court sitting at Harare, Bulawayo, Gwanda, Lupane and/or any other location around the country on 7 November 2023 to accept the nomination papers and candidature of 1st to 22nd respondents for election in the by-elections set to be conducted on 9 December 2023 is unlawful, of no force and effect and hereby set aside.
“That 1st to 22nd respondents are not candidates for election in the by-elections scheduled to be conducted on 9 December 2023.
“That 23rd and 24th respondent 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.”
Additionally, Katiyo directed that the recalled MPs endorsed by Chamisa should be prohibited from representing or presenting themselves to the public and electorate in the relevant constituencies or any other location in Zimbabwe, whether in person or through any media, as candidates for the by-elections scheduled for December 9, 2023. Furthermore, he imposed costs on them.