Twelve Citizen Coalition for Change (CCC) aspiring legislators who were disqualified from contesting lodged an appeal at the Constitutional Court Friday.
The candidates who were disqualified from running in the August 23 elections over late submission of nomination papers on June 21 are appealing against the Bulawayo High Court’s judgment.
CCC spokesperson Fadzayi Mahere confirmed the development on Twitter, Friday.
“Our lawyers confirm that they have filed an appeal against yesterday’s judgment under Case Number SCB86/23.
“The noting of the appeal suspends the operation of the judgment. Our candidates are accordingly still on the ballot & remain there until the appeal is heard & determined,’ said Mahere.
Grounds of appeal were stated as that the court grossly misdirected itself and erred in proceeding to hear arguments on the merits of the matter without making a determination on the points taken before it.
According to the candidates’ lawyers “the court blundered in assuming jurisdiction over a matter which is by constitutional and statutory command subject to the exclusive jurisdiction of the electoral court and so erred in entertaining a review disguised as a declarator.”
The court “misdirected itself in failing to hold that there was no proper application before it.”
It also “grossly misdirected itself and seriously erred admitting inadmissible hearsay evidence on a matter material to the resolution of the applications and in allowing applicants to sustain their case on the basis thereof.”
The lawyers stated that the High Court failed as it did not conclude the appellants had timeously presented their papers with the absolute right to have them processed and accordingly, had been properly declared duly nominated by the nomination court.
The appellants are seeking relief in that the appeal be allowed with costs and that the judgment of the High Court a quo, be set aside.
The 12 appellants in the matter are; Collins Discent Bajila, Sichelesile Mahlangu, Gift Siziva, Surrender Kapoikilu, Jane Nicola Watson, Minenhle Gtandonyenkosi Gumede, Prince Dube, Desire Moyo, Desmond Makaza , Obert Manduna, Pashor Raphael Sibanda and Gono Ereck.
Respondents are; Tatenda Mdzirashe, Hardlife Ndlovu, Ashley Letters Moyo, Sandra Dube, Linda Mpofu, Ramson Junior Chingwara, Panashe Gleyn Machekano, Gloria Dube, Hellen Moyo, Rachel Dube, Mayibonginkosi Nkomo, Marshal Nkomo, Innocent Ncube, the Zimbabwe Electoral Commission, ZEC chairperson Priscilla Chigumba, Frank Mhlanga, Nompilo Bhebhe, Strike Mkandla and Nqobizitha Ndlovu.