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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and Chiriga, who are represented by Obey Shava of ZLHR argued that the nomination fees are too high and should be withdrawn.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).
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

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

CCC and MDC welcomed a ruling by the Constitutional Court (ConCourt) on Friday against the candidate nomination fees for the 2023 harmonised elections set by the Zimbabwe Electoral Commission (ZEC) in August 2022.
The ConCourt made the ruling following an application by Devine Mhambi Hove, leader of the opposition National Alliance of Patriotic and Democratic Republicans (NPDR).
Mhambi argued that the fees were too high and contravened provisions of the national Constitution.
The ConCourt gave Parliament seven days to review the fees.
CCC spokesperson Fadzayi Mahere told <a href="https://www.zimlive.com/zecs-hefty-nomination-fees-unite-political-rivals/">ZimLive</a> that the party’s MPs were ready to propose “reasonable fees” taking into cognisance the prevailing economic situation. She said:
<blockquote>
The latest Constitutional Court ruling prohibiting the exorbitant Nomination Court fees as set out in SI 144/2022 vindicates the CCC position that ZEC must not unduly restrict citizen participation in electoral processes by making the fees unaffordable in this harsh economic climate.
CCC MPs are ready to propose reasonable fees that will cover administration costs by ZEC and are in line with our economic realities.
The CCC believes genuine members of parliament from across the political divide will unite to put forward a reasonable and affordable fee in light of the economic challenges faced by citizens throughout the country who intend to be candidates in this coming general election.
</blockquote>
Also speaking to ZimLive, MDC spokesperson Witness Dube said the party will work with other parties across the political divide to decrease the nomination fees. He said:
<blockquote>
The court’s ruling has given the Zimbabwean people a lifeline, a glimmer of hope in terms of affirming our democracy where we don’t have fees as restrictive measures when it comes to political representation of the masses.
Since this is going to be determined by parliament, we will be working with everyone in parliament.
When I say everyone, I mean MDC will be open to working with CCC, and will be open to working with ZANU PF MPs in order to arrive at very reasonable nomination fees.
No matter how much the country needs in terms of funds to run the election, we should fund our elections through other means not directly relying on the participants because that has an adverse effect on limiting the space, the democratic space shrinking it and actually impacting on the quality of leadership that therefore emerges.
</blockquote>
Nomination fees for presidential candidates in the 2018 general election were US$1 000 and US$50 for parliamentary candidates.
However, in August 2022, ZEC increased the fees to US$20 000 for presidential candidates, US$1 000 for aspiring Members of Parliament and US$100 for senatorial and council seats for aspiring candidates ahead of the 2023 elections.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

CCC, MDC Welcome Constitutional Court Ruling On ZEC Candidate Nomination Fees

Aspiring candidates for Local Government (Council) seats have to meet certain criteria to have their names on the ballot paper when the country holds elections on 23 August 2023. Below are the requirements:
<blockquote>
Be 21 years or older
Be a citizen of Zimbabwe
Be registered within the ward you need to contest
Be a registered voter
Be nominated by 5 nominators registered in the ward to be contested.
</blockquote>
Furthermore, according to Statutory Instrument 143 of 2022, aspiring candidates for council seats will be expected to fork out US$100 as nomination fees.
The Zimbabwe Electoral Commission (ZEC) announced the fees in August 2022 and said the fees were approved by the Minister of Justice, Ziyambi Ziyambi.
The Constitutional Court (ConCourt) on Friday ruled against ZEC’s nomination fees following an application by Devine Mhambi Hove, leader of the opposition National Alliance of Patriotic and Democratic Republicans (NPDR).
Mhambi argued that the fees were too high and contravened provisions of the national Constitution.
The ConCourt gave Parliament seven days to review the fees.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Here Are The Nomination Requirements For Aspiring Councillors

FreeZim Congress leader <a href="https://pindula.co.zw/Joseph_Busha">Joseph Busha</a> has said the US$20 000 nomination fee for presidential candidates set by the Zimbabwe Electoral Commission (ZEC) should be increased to US$50 000 so that only people who are serious will run for the presidency, reported <a href="https://www.newsday.co.zw/local-news/article/200012769/us20k-nomination-fee-too-little-freezim-congress">NewsDay</a>.
ZEC pegged fees for presidential candidates at US$20 000 per head and US$1 000 for aspiring MPs ahead of the 23 August harmonised elections.
Speaking during the launch of his presidential bid in Harare on Monday, 12 June, Busha said:
<blockquote>
We don’t want people who want to play with Zimbabweans. Leaders pay all the time for the presidential candidate.
I think we should pay more because we do not want a bloated ballot (paper).
The US$20 000 is little and we need something like US$50 000 so that serious people contest the presidential elections.
</blockquote>
Busha, however, said nomination fees for parliamentary and local government candidates are too high and should be reduced.
The Constitutional Court (ConCourt) on Friday ruled against ZEC’s nomination fees following an application by Devine Mhambi Hove, leader of the opposition National Alliance of Patriotic and Democratic Republicans (NPDR).
Mhambi argued that the fees were too high and contravened provisions of the national Constitution.
The ConCourt gave Parliament seven days to review the fees.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

FreeZim Congress Leader Wants Nomination Fee Raised To US$50 000

The Zimbabwe Electoral Commission (ZEC) has refused to say whether it will reduce its hefty nomination fees for aspiring candidates or not after the majority of opposition political parties expressed their disapproval.
A letter by ZEC in response to a challenge on the fees indicates a meeting will soon be called to consider grievances raised by three activists represented by the Zimbabwe Lawyers for Human Rights (ZLHR).
Rusty Markham, an MDC Alliance MP, Egypt Dzinemunhezva, a former presidential candidate, and student leader Tapiwa Chiriga lodged a complaint with ZEC and gave it a 72-hour ultimatum to withdraw Statutory Instrument 144/2022 gazetted by government.
The letter, signed by ZEC deputy chairperson Rodney Kiwa, indicated that the elections management body will sit and consider the nomination fees. It reads:
<blockquote>
Reference is made to the above subject matter and to your letter dated 23 August 2022 regarding the same.
The contents thereof have been noted. We shall revert to you once the matter has been deliberated upon by the full commission.
</blockquote>
ZEC recently announced new nomination fees that will see all Presidential candidates parting with US$20 000, legislators US$1 000 and US$100 for councillors and senators.
In 2018, Presidential candidates paid US$1 000. | <a href="https://www.newzimbabwe.com/zec-digs-in-brushes-aside-nomination-fees-challenge/">NewZimbabwe.com</a>

ZEC To Deliberate On "Hefty" Nomination Fees

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