By James Gwati- The Emerson Mnangagwa-led administration has scheduled the Nomination Court to convene on Tuesday to receive nomination papers from the December 9 by-election. 

This follows President Mnangawa’s allocation of US$5 million budget to the Zimbabwe Electoral Commission (ZEC) to conduct by-elections to fill empty seats in the National Assembly. 

These vacancies arose following the expulsion of several opposition legislators last month.

Challenges have emerged as CCC President Nelson Chamisa criticized the move, branding the upcoming by-election as illegitimate due to his party’s alleged non-involvement in the recall of any MPs.

The decision comes in the aftermath of the High Court’s dismissal of an appeal filed by 23 members of the Citizens Coalition for Change (CCC) seeking to overturn their recalls from Parliament.

Sengezo Tshabangu, the self-proclaimed interim secretary-general of CCC, instigated the recall of 14 legislators, including six elected through proportional representation, alongside nine senators and 17 councillors. 

In response, the legislators approached the High Court, but their application was dismissed by Justice Munamato Mutevedzi, who found their evidence insufficient to challenge the recalls.

Consequently, the electoral process is now set in motion, with ZEC in the final stages of logistical preparations for the scheduled polls.

 The by-elections will take place in Beitbridge West, Binga North, Bulawayo South, Cowdray Park, Lobengula-Magwegwe, Lupane East, Mabvuku-Tafara, Mpopoma-Mzilikazi, and Nketa constituencies.

Speaking to The Sunday Mail, ZEC deputy chairperson Rodney Kiwa confirmed that the approved budget also includes funds for the Gutu West by-election, delayed due to the untimely passing of a nominated candidate, Christopher Rwodzi.

 Kiwa specified, “The budget required for the 2023 by-elections is US$5.3 million, equivalent to $35 billion. All other necessary materials such as ballot papers, stationery, tents, lights, and ink are readily available. The commission is fully equipped to manage the upcoming by-elections without any impediments.”

Additionally, the Nomination Court’s requirements have been duly met, as confirmed by Kiwa, who stated, “We have authorized signatures (of party officials) from the parties that we will use to receive nomination papers from prospective candidates.” Each National Assembly candidate is expected to pay a US$1,000 nomination fee.

Moreover, only those who registered to vote before October 25 will be eligible to cast their ballots during the by-elections. 

The voter registration system remains open, with the voters’ roll for the upcoming by-elections having closed two days after the proclamation on October 23.

Justice Mutevedzi’s ruling underscores the importance of a political party’s constitution, highlighting the potential risks associated with the absence of a proper framework. The judgment emphasized that the power of recall from Parliament, as per the Constitution’s Section 129(1) (k), lies with the concerned political party. Consequently, a recalled Member of Parliament cannot challenge their recall without the involvement of the respective party.

The CCC, in response to the ruling, announced that its legal team is currently analyzing the judgment and will issue a comprehensive statement in due course.

• State media