… as Jameson Timba downplays court role in recalls fight
Nyashadzashe Ndoro
The High Court judge Justice Never Katiyo has ruled that opposition MPs who were re-called by Sengezo Tshabangu were properly expelled from the National Assembly and should not contest in the December 9 by-elections.
Unless they appeal against the High Court judgement, this means that those re-called will not run in this by-election. Ruling means Pedzisai Scott Sakupwanya has been elected unopposed as Zanu-PF Mabvuku Tafara MP.
“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,” the judge ruled.
“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 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.
“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.
“1st to 22nd, and 25th respondents shall jointly and severally pay the applicants’ cost on the ordinary scale.”
CCC deputy spokesperson Gift “Ostallos” Siziba, however, said the party appealed against Justice Katiyo’s ruling.
“In the Supreme Court, we have appealed against the decision of the high court to side with Tshabangu et al in removing our candidates from the by-election. There’s no way we can have an election without candidates that were legitimately nominated. Zanu PF is afraid of an election, they were rejected even in a flawed election on the 23rd (of August). We will not accept this, we will fight,” he said.
However, the CCC had not lodged their papers with the Supreme Court at the time of writing as indicated by Siziba.
In another case, Justice Tawanda Chitapi also ruled that Tshabangu must stop further recalls.
Instead of going to court challenging the recall of their MPs by Sengezo Tshabangu, opposition Citizens Coalition for Change official Jameson Timba believes that citizens should resolve the matter through political means.
Timba shared his views on Wednesday after Justice Never Katiyo reserved judgement in a matter where Tshabangu is seeking to have recalled MPs, senators and councillors barred from participating in the upcoming by-elections on 9 December.
“My belief is that matters of this nature are resolved by citizens. Matters of this nature are political and citizens must be allowed to resolve these issues politically. I do not believe that it is the business of the court to make a determination as to whether one can or cannot seek public office unless that person has infringed any requirements of the Constitution,” he said.
Timba said it was CCC’s position that every Zimbabwean, according to the Constitution, had the right to seek public office.
“Our position is very simple: every Zimbabwean who has reached the required age in terms of the constitution can participate in an electoral process. Unless that person has infringed upon requirements laid out in our law which disqualifies him to participate in an election, the court can not stop him from seeking public office,” he said.
“The persons that Tshabangu wants to bar are persons that have been sponsored by the Citizens Coalition for Change. They are not candidates that were sponsored by himself or any institution that he represents.
“So, no one can stop CCC candidates from participating in an election except the CCC itself and or the candidates themselves.”
The opposition party and its leader Nelson Chamisa argue that Tshabangu is an imposter, who is being used by Zanu PF to destabilise the party.
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