The High Court on Monday ruled that an application challenging the exorbitant election candidate nomination fees submitted by opposition politicians and pro-democracy campaigners is not urgent.
This is despite the fact that the nomination court, which is responsible for receiving and vetting nomination papers from candidates who wish to contest in the 2023 parliamentary, presidential, and local government elections, sits tomorrow, 21 June 2023.
The court challenge was filed by former presidential candidate Egypt Dzinemunhenzva, Harare North MP Allan Markham, Vongai Zimudzi and Tapiwanashe Chiriga who filed their initial application in September 2022.
They are being represented by the Zimbabwe Lawyers for Human Rights (ZLHR).
The opposition politicians and pro-democracy campaigners are challenging the nomination fees set by the Zimbabwe Electoral Commission (ZEC) for candidates for the 2023 general elections.
Presidential candidates are required to pay US$20 000, Parliamentary candidates, US$1 000, while candidates for Local Government seats are required to pay US$200.
In their application, which was filed last year, Dzinemunhenzva, Markham, Zimudzi and Chiriga, who are represented by Obey Shava of ZLHR argued that the nomination fees are too high and should be withdrawn.
In an update posted on Twitter on Tuesday, 20 June 2023, ZLHR said High Court judge Judge Justice Munamato Mutevedzi on Monday ruled that the application is not urgent. <a href="https://twitter.com/ZLHRLawyers/status/1671080710986424320">Reads the post</a>:
<blockquote>
High Court Judge Justice Munamato Mutevedzi on Monday ruled that the application seeking an urgent determination of a challenge of exorbitant nomination fees for the 2023 general elections is not urgent and that the matter should be set down for hearing on a normal and ordinary court roll.
</blockquote>
In the application, Shava argued that Statutory Instrument 144 of 2022, which amended the nomination fees for the 2023 general elections, is “unconstitutional, unreasonable and have the effect of blocking aspiring candidates from participating in elections.”
Meanwhile, Parliament’s Legal Committee (PLC) recently approved the candidate nomination fees set by ZEC after it was tasked by the Constitutional Court to review SI 144 of 2022.
The Constitutional Court application challenging the nomination fees had been filed in April this year by the Nationalists Alliance Party (NAP).
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Nomination Fees Court Challenge Not Urgent - Justice Mutevedzi

United Zimbabwe Alliance (UZA) president <a href="https://pindula.co.zw/Elisabeth_Valerio">Elisabeth Valerio</a> has condemned the ZANU PF-dominated Parliament’s recent decision to uphold exorbitant candidate nomination fees pegged by the Zimbabwe Electoral Commission (ZEC).
Valerio said that the nomination fees will make it hard for some aspiring candidates to contest in the 23 August elections as they cannot afford the fees. She was quoted by <a href="https://www.zimlive.com/women-presidential-aspirants-cry-foul-over-us2ok-candidate-fees/">ZimLive</a> as saying:
<blockquote>
Our party is worried about the latest development because the opportunity for candidates to contest in this election is being compromised by the exorbitant fees.
Contesting in elections should not be the preserve of the elite and this latest development by parliament is segregatory.
It strips away all possibility for participation by potential election contestants who may not have the required resources…
The stance taken by the ZANU PF-dominated Parliament simply proves the usual complaint that ZEC is not independent but an agent or mouthpiece of ZANU PF.
It shows clearly that the exorbitant fees originated from ZANU PF headquarters and were merely passed on to ZEC to announce.
The Constitution of Zimbabwe is clear that the state should ensure that its citizens’ political rights are protected and these include running for political office.
When running for political office becomes a preserve of the rich, we are no longer guaranteeing the political rights of citizens.
</blockquote>
According to Statutory Instrument (SI) 144 of 2022, candidates must pay US$1 000 to run for parliamentary seats and US$20 000 to run for president.
The leader of the Nationalists Alliance Party (NAP), Divine Mhambi-Hove successfully challenged the nomination fees through the courts.
The Constitutional Court ordered Parliament to scrutinise them for their legality or lack of.
However, Parliament’s Legal Committee (PLC), which is made up of five members, three of whom are ZANU PF members, approved the nomination fees.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

UZA President Elisabeth Valerio Cries Foul Over US$20 000 Candidate Fees

Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi has stated that nomination fees for this year’s elections will not be reduced despite calls from the opposition.  
Opposition parties have been advised to accept the decision on high nomination fees for elections, as they were approved by a majority of MPs, who belong to the ruling Zanu PF party, which holds a two-thirds majority in the 270-member chamber with 179 MPs.
The Zimbabwe Electoral Commission (ZEC) increased nomination fees for presidential candidates from $1,000 to $20,000 per candidate, with fees for aspiring MPs from $50 up to $100. The fees have been criticised by opposition politicians who argue that they contravene the Constitution, prevent citizens from participating in the elections, and disproportionately affect youths, women, and people with disabilities.
Responding to Binga North MP Prince Dubeko Sibanda (Citizens Coalition for Change) in Parliament in relation to the high nomination fees, Minister Ziyambi said:
<blockquote>
Statutory instruments (SIs) are passed by this august House, people here, of which the honourable member is part of people who passed those SIs. He is now asking me because of his own preferences, not the majority here, that I should do something. The answer is no.
It is surprising that we are approaching the end of a five-year term and honourable members are asking questions after the fact.
When the SI was published, the honourable member was supposed to be on the lookout and raise those questions here and ensure that they did not see the light of day. I cannot stand here and answer questions about things that happened. They are a closed chapter.
</blockquote>
Sibanda said the high fees contravened section 67 of the Constitution, which allowed the enjoyment of the right to participate in elections by all citizens. He said:
<blockquote>
Those fees are generally seen by Zimbabweans to be prohibitive.
</blockquote>
Sibanda argued that the high nomination fees were not conducive to a multi-party democracy since they were unaffordable for youths, women, and people with disabilities.
He questioned the government’s policy to ensure that all citizens could exercise their right to participate in elections, as every citizen has the right to do so.
Sibanda urged the minister to clarify whether the government would proceed with the current prohibitive fees or amend them to enable citizens to enjoy their constitutional rights. He added that elections by their nature should not be costly.
ZEC and the government defended the increased nomination fees last year, stating that they aimed to filter out non-serious political candidates. If the fees remain unchanged, the number of candidates for the presidential race, which exceeded 20 in 2018, could decrease considerably.
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