By Wezhira Munya
If the judgment against CCC’s 12 Bulawayo parliamentary candidates stands, CCC will lose 12 parliament seats, 10 Provincial council seats, 6 Proportional Representatives seats, and youth quarter seats.
President Nelson Chamisa’s popularity has caused Zanu PF to panic. His party CCC won overwhelming by-elections, leading Zanu PF to attempt to disqualify CCC candidates using the courts to win seats.
Yesterday, the courts delivered two judgments against the Citizens Coalition for Change [CCC] party.
The first judgment was passed by the High Court in Bulawayo against 12 CCC Bulawayo parliamentary candidates, and the second one was passed by the Harare High Court, stating that the 17 CCC “fake” aspiring members did not forge their nomination papers.
These judgments are meant to discourage citizens from voting and force CCC to withdraw from contesting.
If CCC withdraws from these harmonized elections, Zimbabweans will suffer under Zanu PF misrule for the next 5 years. CCC must not withdraw but fight by contesting these elections.
This article argues that Zanu PF is using lawfare to attack the CCC party as the harmonized elections draw near.
Lawfare is defined by Magaisa [2019:1] as “… a war that takes place without guns and ammunition. In this war, the law is the primary weapon.”
Zanu PF has resorted to using courts to fight against the Citizens Coalition for Change [CCC] once again.
In 2020, Zanu PF used lawfare to remove President Nelson Chamisa from MDC Alliance, transfer properties to Douglas Mwonzora, and recall members of parliament and councillors.
Mwonzora became a judiciary-constructed president. But citizens defied the courts, then created the CCC party, and followed President Chamisa.
MDC under Mwonzora has died; on the other hand, CCC is now the biggest party in Zimbabwe.
In addition, Zanu PF’s use of lawfare caused CCC members across Zimbabwe to be arrested on spurious charges. Furthermore, CCC rallies and other political meetings are being banned by police and courts.
Lawfare at play.
Yesterday, 27th July 2023, the High Court judge Justice Bongani Ndlovu gave one of the “outrageous” judgments against 12 CCC Bulawayo Metropolitan parliamentary candidates, barring them from contesting in the forthcoming harmonized elections on 23rd August 2023.
According to advocate Madzimbamuto, the implication of this judgment is that if this judgment against CCC’s 12 Bulawayo parliamentary candidates stands, CCC will lose 12 parliament seats, 10 Provincial council seats, 6 Proportional Representatives seats, and youth quarter seats.
The above seat allocations are determined by the total number of votes parliamentary candidates of the party receive.
This judgment has sparked widespread outcry in Zimbabwe and beyond, said CCC Hon. Prince Sibanda.
The circumstances of this case are that Zanu PF members argued that CCC members submitted their nomination papers after 4 pm. Therefore, they should be disqualified.
But ZEC and respondents provided factual evidence that the 12 CCC members submitted their papers before 4 pm.
The judge decided to ignore the factual evidence from both ZEC and respondents and decided to take Zanu PF members’ evidence [who were not at the nomination court].
CCC party spokesperson advocate Fadzayi Mahere writes that, “At law, ZEC is the administrative authority seized with receiving nomination papers within the time limits stipulated by law. ZEC even accepts that CCC Bulawayo nominees submitted their nomination papers on time.”
CCC has appealed against this judgment that bars its 12 Bulawayo candidates.
Lawfare is being used against CCC members in Bulawayo because Zanu PF has never won elections in Bulawayo since 1999.
As a result, Zanu PF members want to win Bulawayo seats uncontested.
If this judgment stays, it means Zanu PF will win 6 Senate seats, 6 Proportional Representatives seats, and 3 parliament seats uncontested in Bulawayo, based on yesterday’s judgment. The three parliament seats that Zanu PF will win uncontested in Bulawayo based on yesterday’s judgment are: Bulawayo Central [Zanu PF candidate is Tendai Charuka, Cowdray Park – Zanu PF candidate Mthuli Ncube, and Bulawayo South – Zanu PF candidate Rajesh Modi.
The other 9 constituencies, where CCC parliamentary candidates were disqualified, have candidates from other political parties. Therefore, Zanu PF will go into elections in these 9 constituencies.
Below is the list of Bulawayo Metropolitan parliamentary candidates, including CCC candidates who were disqualified:
Bulawayo Central Constituency
Tendai Charuka – ZANUPF won uncontested
Surrender Kapoikulu – CCC [disqualified]
Cowdray Park Constituency
Mthuli Ncube – ZANUPF won uncontested
Pashor Raphael Sibanda – CCC [disqualified]
Bulawayo South Constituency
Rajesh Khumari Modi – ZANUPF won uncontested
Nicole Jane Watson – CCC
Admore Gomba – DOP [invoked his nomination not contesting]
Bulawayo North Constituency
Nkosana Mkandla – ZANUPF
Minehle Thandoyenkosi Gumede – CCC [disqualified]
Frank Mhlanga – UZA
Sibonokuhle Khumalo – DOP
Emakhandeni/Luveve Constituency
Brian Samuriwo – ZANUPF
Descent Collins Bajila – CCC [disqualified]
Khulumani Ndlovu – ZANC
Pelandaba/Tshabalala Constituency
Cecilia Verenga – ZANUPF
Gift Ostallos Siziba – CCC [Disqualified]
Soneni Moyo – CCC [forged CCC signature]
Paulo Maplanka – EFF
Gift Ndlovu – DOP
Mpopoma/Mzilikazi Constituency
Admire Tonderai Masikati – ZANUPF
Desmond Makaza – CCC [disqualified]
Blessing Sibanda – DOP
Bekezela Ncube – ZAPU
Zvikwete Innocent Mbano – ZANC
Sihle Muzenda – FA
Strike Mkandla – Independent
Pardon Tapfumaneyi – Independent
Entumbane/Njube Constituency
Linda Chinamano – ZANUPF
Dingilizwe Tshuma – CCC [disqualified]
Prince Dube – CCC [forged CCC signature]
Nqobizitha Ndlovu – ZANC
Pumula Constituency
Phumulani Nsingo – ZANUPF
Sichelesile Mahlangu – CCC [disqualified]
Albert Mhlanga – CCC [forged CCC signature]
Trust Mazwi Mkhwananzi – ZAPU
Lobengula/Magwegwe Constituency
Butholezwe Ndlovu – ZANUPF
Eric Gono – CCC [disqualified]
Nigel Ndlovu – ZAPU
Douglas Ncube – ZANC
Godwin Zibafosi – UFP
Khanye Lwazi – MRP
Innocent Ndibali – EFF
Nkulumane Constituency
Freedom Murechu – ZANUPF
Desire Moyo – CCC [disqualified]
Andrew Ndlovu – ZAPU
Adelaide Mhlanga – FreeZim Congress
Nketa Constituency
Tavengwa Zidya – ZANUPF
Obert Manduna – CCC [disqualified]
Vincent Bala Ndlovu – Independent
In another story, the High Court in Harare has ruled that there was no forgery in the nomination papers of CCC candidates. This means that all 17 “fake” CCC candidates will contest in the forthcoming harmonized elections.
This judgment has caused CCC to have double candidates in 17 constituencies in Harare.
ZANU PF intends to cause confusion among CCC supporters by using the law to authenticate 17 “fake” CCC candidates.
See ZEC papers submitted in court showing that CCC members submitted their papers on time
