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On August 3, 2023, the <a href="https://www.pindula.co.zw/2023/08/03/supreme-court-clears-12-ccc-candidates-to-contest-2023-elections/">Supreme Court overturned the High Court’s ruling</a> and cleared 12 Citizens <a href="https://www.pindula.co.zw/Citizens%27_Coalition_for_Change/">Coalition for Change (CCC)</a> parliamentary candidates to contest in the upcoming 2023 elections. Prior to the ruling, there was widespread speculation and debate about the judiciary’s impartiality and political bias, with some suggesting that the ruling ZANU PF party had undue influence over the courts and the executive branch of government.
Now that the ruling has been issued, reactions have been mixed, with some celebrating the decision as a victory for democracy and justice, while others caution against premature celebration and warn that the ruling could be used to bolster ZANU PF’s claims of a fair and free election. Pindula News presents some of the reactions below.
ZANU PF expressed disappointment on Twitter over the Supreme Court’s decision to overturn the nullification of the nominations of the CCC parliamentary candidates. However, the party stated that they respect the court’s decision and that their government upholds the rule of law. Read the party’s posts:
<blockquote>
It’s a disappointing court outcome !! 
What’s now clear is that: 
eZEC sided with CCC on this case. 
Now the Courts have sided with CCC again. 
We are a political party which respects court judgements. 
Nothing changes, we will defeat the 12 CCC candidates in Bulawayo. 
Our courts are not captured. ZANU PF govt respects the rule of law, today’s Supreme Court judgement in favour of CCC is proof that our courts are not captured.
</blockquote>
According to Information Secretary <a href="https://www.pindula.co.zw/Nick_Mangwana/">Nick Mangwana</a>, the Supreme Court’s decision shows that Zimbabwe’s judiciary is professional and impartial. He said:
<blockquote>
We have a very professional and impartial Judiciary. We unfortunately also have those who believe they should never lose a case, even if the case is a dud. When they lose they scream “captured”. Same for elections. We have those who always scream, “rigged” when they lose. You can’t blame the referee every time you don’t win.
</blockquote>
Award-winning journalist <a href="https://www.pindula.co.zw/Hopewell_Chin'ono/">Hopewell Chin’ono</a> cautioned the CCC against premature celebration, warning that ZANU PF may use the Supreme Court’s decision to their advantage in the future. Chin’ono suggested that ZANU PF is using the ruling to position the Zimbabwe Electoral Commission (ZEC) as a fair referee in their narrative to the world. He argued:
<blockquote>
The Zimbabwean opposition should not celebrate anything from the court judgement, they should only breath a sigh of relief. 
The tweet below from a ZANUPF handle shows you what this is about, ZANUPF is saying the courts are not captured, and this has positioned @ZECzim as a fair referee in ZANUPF’s narrative to the world since the opposition got a favourable affidavit from @ZECzim
President Mnangagwa and ZANUPF didn’t need these 12 seats, because there was never 12 seats uncontested, only 3 were uncontested, the others would have been contested by the likes of ZAPU. 
So in the eyes of ZANUPF this process has cleansed the courts and @ZECzim
When the inevitable Presidential result dispute and battle takes center stage, this case will be used and referred to ad nauseam as an example that the process was fair. 
They will say; “…the same court delivered judgement in your favor last month, the same @ZECzim 
sided with you on the Bulawayo 12.” There is a word for it, it is called choreography! 
Celebration is missing the point!
</blockquote>
Brighton Mutebuka disagreed with Hopewell Chin’ono, saying that the CCC and <a href="https://www.pindula.co.zw/Nelson_Chamisa/">Nelson Chamisa</a> should quietly celebrate that they are back on the ballot, despite knowing that the courts are captured. He criticized the unjust and unfounded criticism that was given as the reason for the disqualification of the CCC candidates and argued that such an approach helped the regime to escape censure while piling up pressure on the opposition. Mutebuka emphasized the need for solidarity among the opposition, which is badly beleaguered.
Former Information Minister, Professor <a href="https://www.pindula.co.zw/Jonathan_Moyo/">Jonathan Moyo</a> has congratulated the CCC candidates. He also congratulated Professor Welshman Ncube for the legal fight he put up. Moyo expressed concern over the unprecedented high number of court battles over disputes arising from the outcome of the Nomination Court on 21 June 2023 saying they have put the integrity of the 2023 harmonised general election itself into serious question. He said:
<blockquote>
… Meanwhile, the message and the truth that justice denied is justice delayed, remain. On this score, the 2023 election has made history for the wrong reasons. It’s a notorious fact that the unprecedented high number of court battles over disputes arising from the outcome of the Nomination Court on 21 June 2023 have not only taken too long to resolve, but with only 20 days to go before polling day, the long delay has also put the integrity of the 2023 harmonised general election itself into serious question, with postal voting now in clear and present jeopardy. All nominated candidates gazetted by @ZECzim on 30 June 2023 should have been allowed to get on with it from the date of the Government Gazette. Today’s Supreme Court decision no doubt makes this point and its ramifications more sharply,and its consequences invite urgent and very troubling questions about the justice or injustice of the decision of the same Supreme Court on the Saviour Kasukuwere’s case, only last week. Not only is justice delayed justice denied, but justice must not only be done, it must also be seen to be done. Today’s Supreme Court decision for which CCC and other parliamentary candidates in Bulawayo who won it deserve their celebrations and are to be congratulated without any reservations, does nevertheless leave uncomfortable and unsettling thoughts about the justice or injustice of the Kasukuwere case. It is for this troubling situation that the Constitutional Court has its work cut out, not least because section 23(3) of the Electoral Act, upon which the Kasukuwere case was decided is manifestly unconstitutional, particularly but not only in terms of sections 66 and 67 of the Constitution of Zimbabwe, regarding the right to freedom of movement and residence, and the right to vote; which are both historic gains of the liberation struggle whose heroes Zimbabweans are commemorating this month, and on which a general election is taking place for the first time since independence in 1980!
</blockquote>
CCC national spokesperson, <a href="https://www.pindula.co.zw/Fadzayi_Mahere/">Fadzayi Mahere</a>, said there is nothing to celebrate adding that the candidates must have never been removed from the ballot in the first place. The legal expert said:
<blockquote>
We won’t stop demanding democracy #ForEveryone. The people of Bulawayo must never be deprived of the right to choose their leaders. We reject the imposition of Zanu PF in Bulawayo Province. We don’t celebrate because they should never have been removed in the first place!
</blockquote>
While some have celebrated the Supreme Court’s decision to overturn the nullification of the nominations of the CCC parliamentary candidates, others have highlighted the ongoing incarceration of CCC’s MP for Zengeza West, <a href="https://www.pindula.co.zw/Job_Sikhala/">Job Sikhala</a>, and Transform Zimbabwe leader, <a href="https://www.pindula.co.zw/Jacob_Ngarivhume/">Jacob Ngarivhume</a>, as a sign that the judiciary is captured. Despite the court’s ruling, some believe that the continued detention of Sikhala and Ngarivhume, without trial for over a year, undermines the credibility of the judiciary and the electoral process. The detention of these political leaders has been a subject of controversy, with some alleging that it is politically motivated. 
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Pindula News

Mixed Reactions As Supreme Court Clears 12 CCC Candidates To Contest 2023 Elections

Chief Justice Luke Malaba has affirmed the independence of Zimbabwe’s judiciary and urged judges to stand by their legal decisions, regardless of political criticism. Speaking at a Judicial Service Commission symposium in Gweru, Malaba said that judges are impartial and base their decisions solely on the rule of law.
He stressed that the judiciary is an independent branch of government whose decisions are not influenced by political interests or slogans. Malaba insisted that judges should not be swayed from making legal decisions in a particular manner, as this would be a “terrible mistake.” He added that judicial decisions are based on facts and the rule of law, and that it is essential for citizens to have confidence in the judiciary system. 
The Chief Justice also emphasised the need for judges to emphasise competence and to take personal responsibility to ensure they are professionally up to date. He challenged judges to expeditiously deliver judgments and to use the Integrated Electronic Case Management System (IECMS) to increase efficiency and remove paperwork. Malaba expressed confidence in the judges and their ability to perform their duties to the highest level. He said:
<blockquote>
Politics is for politicians and judges know no slogans. In any case, I don’t think judges know what a slogan is. We are totally apolitical, we don’t think politically but legally and to us the law is the master. Politics is for politicians no matter who they are.
I want to emphasize this because there is a mistake, a terrible mistake to think that judges must decide in a particular manner which is ridiculous.
In a constitutional democracy where the rule of law is a foundational value, you cannot speak of the rule of law without judges. You must have confidence in the judges, you put them there because you have confidence in them.
They qualify to be called judges because they are impartial. Section 164 of the Constitution of Zimbabwe specifically entrenches judicial independence and states that courts must apply the law and Constitution impartially, expeditiously and without fear, favour or prejudice.
So, I don’t believe and I don’t accept a situation where some people want to make it fashionable to criticise judges for the decisions they make. It just doesn’t make sense. You can’t do that and still want to be in a democracy. You can’t be a person who still wants to be in a democracy and still undermine the rule of law.
I am standing here to say clearly you are fully protected in your decisions, make your decisions, whatever decisions that come out and if they are legal, make them. There are channels to take when one is aggrieved.
Section 165 (7) of the Constitution is critical for us because it simply says you as a judge, a judicial officer, must take personal responsibility to ensure you are professionally up to date.
The judge must take responsibility, personal responsibility and not institutional responsibility to make sure that he or she has the requisite skill to perform at the highest level.
The standards of performance are defined by law and they are efficiencies and effectiveness of performance, expeditious performance, decisions that must come as quickly as reasonably possible.
If we don’t do what the law wants us to do, we are in breach of the law, and God forbid that judges should do that. We are the first port of call, custodians of the law and we must know the law better than anyone else.
We are the experts of the law and that is why we are the embodiment, the custodians of justice. The word ‘justice’ is just thrown around several times, but how can we have justice without judges?
I have all the confidence in the men and women I have. We are all equal, we answer to the same standards, same aspirations, we answer to the demands of the Constitution because we are judges.
As judges we should deliver judgments within six months because your job is to deliver. Your job is to dispose of disputes, to solve disputes and don’t postpone disputes because people don’t come to court for disputes to be postponed but to be resolved.
The law says your case must be finished and on time. The law says finish the matter, and judicial power is with the judge. We are there as JSC to put in place measures that will make your job easier.
My job as chairperson of JSC is to ensure that there are measures that guarantee efficiency like giving you gadgets such as laptops. Use them because in those gadgets, there are systems that we put in place to make your job easy.
</blockquote>
The Zimbabwean judiciary has faced accusations of being captured by the ruling ZANU PF party and the executive arm of government, particularly in high-profile political cases. The “lack of independence” has led to a lack of confidence in the judiciary system.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

CJ Malaba Affirms Judiciary Independence, Urges Judges To Stand By Decisions

CCC leader Nelson Chamisa on Sunday said President Emmerson Mnangagwa has effectively nullified the 23 August 2023 election by allegedly masterminding the disqualification of 12 CCC parliamentary candidates in Bulawayo, <a href="https://www.newsday.co.zw/2023-elections/article/200014707/ed-has-nullified-polls-chamisa">reported NewsDay</a>.
The High Court nullified the nomination of the CCC candidates on the grounds that they filed their papers after the 4 PM deadline on 21 June this year.
CCC has, however, appealed to the Supreme Court and the case will be heard this week.
Addressing thousands of CCC supporters at a rally at Rudhaka Stadium in Marondera, Chamisa said he was angry with the disqualification of CCC candidates and said Mnangagwa was taking the opposition for granted. Said Chamisa:
<blockquote>
After feeling the heat, Mnangagwa has turned to the courts. In Bulawayo, he has barred our candidates.
You can be the ruler, but you cannot be the leader, you can’t do what you want. This country belongs to God.
If you bar the 12 candidates from contesting, therefore, you have nullified the election.
If you have nullified the election, it means you are no longer the President. The seat is now vacant. A transitional government should be in place.
If you bar the 12 candidates, it means there is no election. It is a coup on the ballot.
It is a vote of no confidence on the elections, a vote of no confidence on ZEC.
Mnangagwa anodherera (takes people for granted). He doesn’t know how angry we are.
</blockquote>
On Saturday, Mnangagwa scoffed at claims by CCC that he had a hand in recent court rulings barring some opposition candidates from contesting in the 23 August general elections.
Speaking to the media after his arrival from Russia, where he was attending the Second Summit of the Russia-Africa Economic and Humanitarian Forum, Mnangagwa said those making such claims are uneducated.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Disqualification Of CCC Candidates A Coup On The Ballot - Chamisa

President Emmerson Mnangagwa has scoffed at claims by the opposition and human rights advocates that the ZANU PF-led government had a hand in recent court rulings barring some opposition candidates from contesting in the 23 August general elections.
Speaking to the media on Saturday after his arrival from Russia, where he was attending the Second Summit of the Russia-Africa Economic and Humanitarian Forum, Mnangagwa said those making such claims are uneducated. He said:
<blockquote>
They should go and recover their school fees from where they went to school. I am nowhere near the court.
I have never taken anybody to court, so if they are making such allegations, it means they do not have much education.
</blockquote>
Two aspiring presidential candidates, Saviour Kasukuwere and Linda Masarira were barred from contesting in this year’s elections and their court applications seeking to have their names on the ballot paper were thrown out by the courts.
The courts also barred more than a dozen opposition parliamentary candidates from contesting the polls despite the Zimbabwe Electoral Commission (ZEC) maintaining that their nomination papers were filed in accordance with the law.
Reports suggest that the Government awarded US$400 000 “housing loans” to all judges in the country, two months before the 2023 elections.
The huge payout for judges followed similar payments to Central Intelligence Organisation directors (US$350 000), MPs (US$40 000) and cabinet ministers (US$500 000). 
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Those Alleging Judicial Capture Are Uneducated - Mnangagwa

Four University of Zimbabwe students were arrested for staging a protest against the continued imprisonment of opposition politician <a href="https://www.pindula.co.zw/Job_Sikhala/">Job Sikhala</a> and the “use of the law against government critics.”
The students are being charged with criminal nuisance and are being represented by a human rights NGO lawyer.
The protest involved over 30 youths holding placards and denouncing the ZANU PF government for persecuting opposition politicians.
The students also used social media with the hashtag #BlackMonday to mourn the death of democracy and the rule of law in the country.
Sikhala has been in pre-trial detention since June last year, while other opposition members and human rights activists face various charges amid concerns over shrinking democratic space in Zimbabwe.
The students’ comments are similar to those made by opposition members and other government critics who accuse the government’s executive branch of controlling the judiciary to benefit the ruling party.
Critics have accused the government of using the judiciary to silence opposition voices and to protect ruling party officials from prosecution.
There have been several high-profile cases where opposition members and human rights activists have been arrested and charged with various offences while ruling party officials accused of similar offences have gone unpunished.
The appointment of judges has also been a contentious issue, with accusations that the government has manipulated the process to ensure that only judges sympathetic to the ruling party are appointed. These actions have led to concerns about the impartiality of the judiciary and the erosion of democratic values in Zimbabwe.
<h2><a href="https://www.pindula.co.zw/">More Pindula News</a></h2>

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