Feb 3 by-elections: CCC candidates' fate almost se...

Feb 3 by-elections: CCC candidates' fate almost sealed

Oscar J Jeke

Recalled Citizens Coalition for Change, who have thrown their names into the hat again to have their names on the ballot for the February 3 by-election, face an almost certain fate as the December 9, 2023 by-election case sets a precedent.

This comes as some of the recalled CCC candidates for both legislative and council elections filed their papers under CCC, in a move observers have considered unwise.

Constituencies and council seats vacant include Mkoba North, Phelandaba-Tshabalala, Zvimba East, Chegutu West, Chitungwiza ward 21, and Harare East ward 18, with Seke constituency candidate, Tapfumaneyi Willard Madzimbamuto filing as an independent

In an interview with Zim Now disputed secretary-general of the CCC party, Sengezo Tshabangu who had claimed in an X video that those he did not sign papers for are wasting their resources. He said his lawyers are preparing an application in relation to the February by-election candidature.

“Let’s wait and see. Our lawyers are filing that application in due course. Engage me thereafter,” Tshabangu said.

Legal practitioner, Moffat Makuvatsine also waded into the issue, reiterating that the likely outcome of the case will see the court being guided by the precedent, unless there is justification allowing it to deviate.

Makuvatsine put the matter into a scenario where there is requirement of examination of the law governing recalls of MPs in terms of Section 129(1)(k) of the Constitution of Zimbabwe.

“The basis upon which the recall is done can be summarised as saying, the recalled person is no longer serving our interests hence is no longer ours,” Makuvatsine said.

“It becomes child play for the supreme law of the country to allow for the recalling of an MP who soon after being recalled decides to participate in the by-election necessitated by his or her recall,” he added.

CCC national spokesperson, Promise Mkwananzi, noted that there is no reason to prevent the candidates from retaining their names on the ballot.

“No candidate should be barred at law from participating in elections for any reason. The 9th of December was a tragic error for our democracy,” Mkwananzi responded.