The Zimbabwe Electoral Commission (ZEC) is facing criticism as it opposes a court challenge brought forward by 10 disgruntled members of the Citizens for Coalition Change (CCC). The CCC members are contesting ZEC’s decision to refuse their nomination papers for the Bulawayo Provincial Council candidature. They argue that they were unlawfully denied the opportunity to file their papers due to a missed deadline. The Nomination Court had convened on June 21 to accept candidates for various positions in the upcoming elections on August 23. ZEC has already published the final list of participating candidates.

The applicants, represented by Ncube Attorneys, filed an urgent application at the Bulawayo High Court seeking a review of ZEC’s decision. The respondents named in the court papers include Bulawayo provincial elections officer Mr. Innocent Ncube, ZEC, and Zanu-PF party candidates for the Bulawayo provincial/metropolitan council. The CCC members argue that their papers were ready for submission before the Nomination Court closed its doors.

According to the CCC lawyers, Mr. Ncube violated the audi alteram partem rule, which guarantees a fair hearing, by refusing to accept the applicants’ nomination papers alongside those of the Zanu-PF candidates. They further argue that his refusal to allow them to submit new nomination papers was unjustifiable given the circumstances of the case.

The applicants are seeking a declaration that ZEC acted contrary to the provisions of the Electoral Act by refusing to accept their nomination papers. They also request that the court nullify the election of the seven Zanu-PF candidates for the Bulawayo Provincial Council and direct ZEC to consider their nomination papers.

In response, ZEC, represented by Nyika Kanengoni and Partners, filed opposing papers stating that there is no valid application before the court warranting the relief sought by the CCC members. Mr. Ncube argues that his decision was made in accordance with the Electoral Act and that the High Court lacks jurisdiction in this matter. He contends that the right to appeal belongs to the sponsoring political party, not the individual candidates, and that the CCC members’ appeal is fatally defective.

Mr. Ncube asserts that his decision is final under the provisions of the Electoral Act and cannot be interfered with by any court. He argues that the Nomination Court’s function is limited and does not extend to making new proclamations or modifying existing ones.

According to Mr. Ncube, he announced the closure of the Nomination Court around 3.55pm and invited all present to submit their nomination papers. He instructed the police officers to collect papers outside the court and began reviewing the documents on his desk. When he came across the CCC’s party-list nominations, he found that they had not submitted one for the provincial council. He sent their representative back to correct the omission.

Mr. Ncube states that when the CCC representatives returned at around 8pm with the corrected party-list nomination papers, they had added the provincial council party-list, which was not part of the original submission. He denies losing their nomination papers as alleged by the applicants and asserts that he acted fully within the law.

ZEC’s lawyers argue that the applicants were afforded all the facilities and rights prescribed by law and were not denied the right to file nomination papers. They maintain that the late filing attempted by the CCC members is not in line with the Electoral Act. The lawyers contend that the application should be struck off the court’s roll due to its fatal and incurable defects.

Following the hearing on Monday, Bulawayo High Court judge Justice Bongani Ndlovu reserved judgment on the matter.