THE Citizens Coalition for Change (CCC) says its recalled legislators and councillors will tomorrow file papers to contest the February 3 by-elections as indepedents amid threats of recall by self-proclaimed secretary general, Sengezo Tshabangu.
The nomination court will sit tomorrow to confirm candidates that will contest in six constituencies that fell vacant following the recalls of CCC legislators by Tshabangu.
The six constituencies that will hold by-elections are Pelandaba, Goromonzi South, Seke, Chegutu West, Zvimba East and Mkoba North.
The nomination court will sit at Tradegold Building in Bulawayo, Marondera magistrates court, Chinhoyi magistrates court and Gweru magistrates court.
Last week, the country held by-elections to fill other vacant seats but recalled CCC members were barred from contesting the polls after Tshabangu approached the High Court challenging their participation.
He argued that the recalled MPs could not participate in the elections under the CCC banner because they had been expelled from the party.
The High Court ruled in Tshabangu’s favour in a ruling delivered in the middle of the night on the eve of the elections last Saturday on December 9.
CCC spokesperson Promise Mkwananzi yesterday said this time their candidates would contest the upcoming by-elections as independents.
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“We are CCC and our leader is Advocate Nelson Chamisa. We are contesting in the elections and we are winning,” said Mkwananzi.
In November, Harare High Court judge Justice Tawanda Chitapi issued an interim interdict stopping Tshabangu, from recalling the opposition party’s legislators and councillors pending the finalisation of court cases on the ownership of the CCC.
There are several court matters over the ownership of the CCC that Chamisa unveiled last year after his former ally-turned opponent, Douglas Mwonzora, snatched the MDC from him.
Eyebrows have also been raised after the Zimbabwe Electoral Commission cancelled a gazetted by-election set for Victoria Falls on Tshabangu’s orders.
Last month, Tshabangu axed four CCC Victoria Falls councillors paving way for by-elections.
But in a dramatic turn of events, Tshabangu rescinded his earlier move prompting Zec to cancel the polls that were set for February 3.
Zec deputy chairperson Rodney Simukai Kiwa said the electoral body acted within the confines of the law, but legal experts said the move was illegal.
"The commission received a letter from the (Victoria Falls) town clerk explaining that they have been recalled by error," Kiwa told The Standard yesterday.
"Further the ( Local Government minister Winston Chitando) also sent a letter to that effect."
Lawyer Dumisani Dube said Zec’s move was illegal and unconstitutional as there were certain protocols to be followed before cancelling the polls.
“I think it's irregular for ZEC as an administrative authority to cancel a gazetted election before the election date in the absence of extraordinary circumstances such as death or a natural disaster,” Dube said.
“It’s a violation of administrative rights in the constitution and Administrative Justice Act and the Electoral Act and that conduct is irregular, unprocedural and unconstitutional and smacks of bias, unfairness and illegality.”
Another lawyer Jeremiah Bamu said the electoral body exposed its double standards as opposed to how it acted in the past by-elections.
“Zec has no power to cancel the by-election,” Bamu said. “In this instance it was not up to Tshabangu to say he made an error, if he had made an error.
“He should have gone to court and said I have made an error and only then a court order would intervene.”
Bamu added: “It is the same as what took place in Chegutu West when Gift Konjana won the election, Zec announced the wrong results and recognised its error and it went on to say it has noticed and accepted its error, but it can do nothing more except report."
Bamu said Zec should act in the same manner it did in the Konjana case and allow the by-elections to go ahead.
