The Bulawayo High Court on Thursday reserved judgment in a case in which 12 registered voters sought the nullification of the candidacy of Citizens Coalition for Change (CCC) aspiring parliamentarians.
The applicants argue that the Zimbabwe electoral Commission (Zec) made an illegal decision to accept nomination papers of the CCC candidates after the 4pm deadline.
The applicants cited Zec Bulawayo elections officer Innocent Ncube, Zec chairperson Priscilla Chigumba as respondents. High Court judge Justice Bongani Ndlovu indefinitely reserved judgment on the matter.
Zec lawyer Tawanda Kanengoni opposed the application saying the applicants had approached the wrong court.
“The affidavits filed by Zec officers tell a very simple story — they all consistently say no nomination papers were received after the 4pm cut-off time,” he said.
CCC lawyer Advocate Thabani Mpofu questioned the interest of the applicants.
“Nomination court outcome does not give right to challenge it because that right is purposively accorded if they show a legal interest," Mpofu submitted.
"Applicant’s legal interest should be in voting and if that right is taken away then they can go to court but as applicants, they have no right to tell people who want to vote for the other side that they don’t vote for opposition candidates.”
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Another CCC lawyer, Welshman Ncube submitted: “If papers are lodged before 4pm but queries are raised, such queries can be attended to after 4pm and relodged after 4pm. The court can adjourn for the sitting of papers. That’s what the law says.”
