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High Court Reverses Biti Reinstatement, Orders ZEC To Conduct By-elections

High Court Reverses Biti Reinstatement, Orders ZEC To Conduct By-elections

The High Court Wednesday cancelled Monday’s ruling stopping by-elections in six constituencies that allowed People’s Democratic Party (PDP) members to bounce back to Parliament without being subjected to an election.

High Court judge Justice Tawanda Chitapi on Tuesday ruled that the recall of Tendai Biti (Harare East), Settlement Chikwinya (Mbizo), Willias Madzimure (Kambuzuma), Regai Tsunga (Mutasa South), Kucaca Ivumile Phulu (Nkulumane) and Sichelesile Mahlangu (Pumula) was illegal.

But another High Court judge Justice Never Katiyo Wednesday issued a provisional order directing the Zimbabwe Electoral Commission (Zec) to reopen nominations for the six constituencies.

Justice Katiyo made the order after Benjamin Rukanda, who initiated the recall of the six legislators, filed an urgent chamber application challenging Justice Chitapi’s ruling. Justice Katiyo’s order read in part:

The first respondent (ZEC) be and is hereby ordered to reopen the nomination court for the nomination of candidates to fill the vacancies for the constituencies….

 The cancellation of the nomination court process for the constituencies … by ZEC be and is hereby declared null and void for lack of legality.

ZEC yesterday said implementing the order after the closure of the nomination court was a legal impossibility. ZEC said in a statement:

The court order was served at 1655hrs after the nomination courts had closed and it became a legal impossibility to implement. Nomination courts close at 1600hrs in terms of the law. Zec will stand guided on the way forward by legal instruments/orders to be issued in terms of the law.

PDP official Jacob Mafume described the latest setback as shocking there has never been a High Court judge who has cancelled another judge’s order. He added:

The ordinary thing is for people to appeal. We are surprised and in awe to whatever this development is. The same court cannot give contrasting orders within hours of itself.

Justice Chitapi Tuesday ordered the reinstatement of Biti, the MP for Harare East; William Madzimure of Kambuzuma; Chikwinya of Mbizvo; Kucaca Ivumile Phulu of Nkulumane; Sichelesile Mahlangu of Pumula and Regai Tsunga of Mutasa South who had been expelled based on a 2020 Supreme Court ruling.

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16 Comments

Kangaroo court 5 months ago

Legal impossibility kudii, the court ordered ZEC to "reopen the nomination court for the nomination of candidates to fill the vacancies for the constituencies….
The cancellation of the nomination court process for the constituencies … by ZEC be and is hereby declared null and void for lack of legality."
The use of the word "reopen", means that the court knew that the nomination court had already closed. Saka simply reopen, full stop, kwete kuda kuti ita keep in suspension.


The Terraces 5 months ago

Kkkkkkkkkk
Nhaka
Uya uone ugodzokera


PRIDE N 5 months ago

😝🤪🤪🤪🤪🤪


WILLIAM SONBOY CHINEMBIRI 5 months ago

WHAT HAS HAPPENED SHOWS CONFUSION IN THE CORRIDORS OF THE HIGH COURT. IT IS A RESULT OF JUDICIARY STATE CAPTURE. SOME JUDGES ARE APPLYING THE GENUINE RULE OF THE LAW, BUT OTHERS ARE PRACTISING THE RULE OF THE JUNGLE.

IN ANY CASE, CCC MUST SUBMIT TO BYELECTIONS WITHOUT FEAR. THEY WILL WIN.

WE AWAIT THE NEXT MOVE BY ZEC SINCE IT HAS DESCRIBED THIS LATTEST HIGH COURT JUDGEMENT AS A LEGAL IMPOSSIBILITY. THE HIGH COURT JUGDEMENT REACHED ZEC OFFICES AT 1655 HOURS WHEN NOMINATION COURT HAD CLOSED OFFICE AT 1600 HOURS.

YOURS SINCERELY
CDE KUFA KWANGU ZVAROVA
[ THE BUSH LAWYER ]


Munhumutapa 5 months ago

Yamurikuti confusion iyoyo ndiyo tactic yepolitics unozona mangwana kwava ne ccc 1 from what you call confusion we call it experience in politics


Kakistocracy 🤣 Muchakaka 5 months ago

Chauya Chiri Chibhanguza.
Chazunguzwa Chibato Chejongwe...
#Yellow Brigade.
MUCHAKAKA HENYU NESHUNGU.
Yalla Yalla Yalla.


Idhii☣️💩👹☠️💀 5 months ago

Vachaita ana kakington
CCC 👆☝️

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White boy 99 5 months ago

Nigger eat Nigger!!!Pathetic filthy people,you suck..


brain 5 months ago

Give yourself a chance to Enjoy Life its your right. Vote for Change, Vote for Better Life.

CCC is the way 👍


Nahoreka 5 months ago

Zvima party zvavana Biti naana Welshman zvichiri ku exister here at this moment? I thot we only now have the CCC..!


🧐 5 months ago

Saka Mr Biti et. al vanogona kunoitawo urgent application yavowo ikoko ku High Court inoita reverse the last order? Kana zvikadaro, series yema urgent applications aya inozopera rinhi? Growing up, taiziva kuti appeal yema High Court rulings yaiitwa ku Supreme Court. Chii chaizvo chave kumboitika?


😴 5 months ago

Somehow, Biti is partly to blamed for this confusion. Why can't he just state categorically clear kkkk that he is officially now a member of the new CCC if he genuinely is in it's support oita go for by election on that ticket.
Izvi zvekutambwa bhora izvi anenge anozvidao uyu.
That's how I see it. PDP inokwana papi muCCC?


Chikandamina 5 months ago

Kuedza kupaza mwana,hapana hapana tamirira 2023.☝️☝️☝️☝️☝️☝️☝️☝️☝️☝️☝️☝️☝️👆👆👆


Ta@aa 5 months ago

Ndomabasa ezanu varikuda kuvharira varume ava panze zvachose .ndosaka vapa mitongo miviri kuti paite confution .Ccc yazunguza


Doroguru 5 months ago

Confusion dze Zanu Pf. Havasi kuvata vadara nechana chakazvagwa ichi mmm.
CCC ☝️
Yebo Yellow ☝️
Everywhere You Go ☝️


Ginious 5 months ago

Ccc


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