CCC approaches the Electoral Court to overturn decision to accept fraudulent nominations
By Staff Writer & Agencies
THE Citizens Coalition for Change CCC has approached the Electoral Court seeking an order to overturn a decision by the Nomination Court to accept parliamentary and local authority election candidates who were not on the party list.
The matter is in relation to the fraudulent filing of nomination papers affected 15 constituencies in Harare, three constituencies in Bulawayo, one in Kariba, and one in Marondera.
Some wards were also affected in Harare, Bulawayo and Marondera. The Zimbabwe Electoral Commission (Zec) was cited as the first respondent, while the persons nominated as double candidates in the parliamentary elections were also cited as respondents in case EC3/23. The CCC is seeking the following relief:
“That the appeal is allowed. “That the declaration that 2nd and 18th respondents were duly nominated on behalf of the appellant is set aside. “That the costs shall be borne by any such party as resists the appeal and shall be so borne at the higher scale of legal practitioner and own client.”
In the application, the CCC highlighted that it had set out the terms of its objection to Zec, but the electoral body had not taken any corrective action. The letter was attached and marked “x”.
In its ground of appeal, the CCC, through its lawyer Thabani Mpofu instructed by Harare lawyer Webster Jiti, argued that “the presiding officer erred in the law in declaring 2nd to 18th respondents to have been duly nominated on behalf of appellant when their names were not put forward by the appellant”.
In addition, the party said their nomination papers had in actual effect not been signed by the two designated office bearers of the appellant.
“The signatures appearing on the nomination papers of the 2nd and 18th respondents as those of the designated offices bearers were forged, and do not comport to the specimen signatures given first respondent by appellant,” the lawyers argued.
“The symbol used in the papers was forged and is not that of appellant as given to first respondent. “
A fortiori and the circumstances of the matter considered, the presiding officer erred in not proceeding in terms of section 46 (9) of the Electoral Act (Chapter 2,13).
“The nomination papers presented by 2nd and 18th respondents having been fraudulent, the presiding officer erred in coming to the conclusion that such nomination papers were presented in terms of the law and had been validly completed.”
The respondents include Christmas Goremusandu (Sunningdale), Jonathan Machokoto (Mt Pleasant), Freddy Masarirevu (St Mary’s), Matika Energy Tanaka (Warren Park), Magweta George and Hasha Trouble (Harare South), Lloyd Sande (Hatcliffe), Griza Admire Adam (Hatfield) and Terrence Khumbula (Hunyani). Solomon Baramasimbe and Didymus Bande, who were nominated for Epworth South constituency, were also cited alongside Irvine Hatitye Nyaningwe (Harare Central), Malvin Razaru (Harare East), Farai Micheal Padzarondora (Harare West), Enock Nyashadzashe Chitoro (Chitungwiza North), Shepherd Kariramombe (Chitungwiza South and Tichaona Nyikadzino (Chur
