Former Councillor Challenges Election Outcome in Urgent High Court Application

Former Cowdray Park Zanu-PF councillor, Kidwell Mujuru, has launched an urgent High Court application to contest the election and subsequent assumption of office by Mr. Nkosilathi Mpofu as councillor of Ward 6. This legal challenge comes in the wake of Mr. Mpofu’s recall by the Citizens Coalition for Change (CCC) prior to the December 9 by-elections, raising significant legal and constitutional questions.

Kidwell Mujuru, in his affidavit obtained by the Chronicle, named Nkosilathi Mpofu, the Zimbabwe Electoral Commission, and the commission’s chairperson as respondents, setting the stage for a contentious legal battle. Mujuru’s main contention revolves around the legitimacy of Mpofu’s candidacy and election in the by-elections held on December 9, following his recall from the CCC party.

According to Mujuru’s detailed affidavit, Mpofu’s disassociation from the CCC, communicated by the party’s interim Secretary General, Sengezo Tshabangu, to the Minister of Local Government and Public Works, effectively nullified his status as a councillor under the provisions of Section 129 (1) (k) of the Constitution of Zimbabwe 2013. This recall, argues Mujuru, should have precluded Mpofu from participating in the by-election as a CCC candidate.

Mujuru further accuses Mpofu of misrepresentation during his filing at the nomination court, alleging that Mpofu unlawfully portrayed himself as a CCC candidate despite his recall and the subsequent legal affirmations that barred recalled members from representing the party in by-elections.

Highlighting previous High Court cases where the recalls and their consequences were adjudicated, Mujuru points to a clear pattern of judicial findings that, in his view, render Mpofu’s candidacy and election void. He underscores the seriousness of the matter, arguing that it strikes at the heart of the electoral process and the enforcement of political party and constitutional law.

The case, as outlined by Mujuru, seeks not only to challenge the outcome of the Ward 6 election but also to prompt a broader examination of election laws, party affiliation, and candidate eligibility. Mujuru’s call to action for the court to decisively address this issue reflects a concern for the integrity of electoral practices and the adherence to legal and constitutional standards.

This legal challenge opens up a complex dialogue about political representation, party dynamics, and the mechanisms of recall and election within Zimbabwe’s evolving political framework. As the High Court prepares to hear Mujuru’s application, stakeholders from across the political spectrum watch closely, anticipating the implications of this case for future elections and party politics in Zimbabwe.