THE High Court has struck off the roll an urgent chamber application by MDC challenging Zimbabwe Electoral Commision's (ZEC) decision to disqualify 87 of their candidates after they failed to pay their nomination fees.
The party was seeking a court order instructing ZEC to accept 87 candidate's nomination fees and dismiss their disqualification.
Justice Webster Chinamhora ruled that Mwonzora's papers were not in order by virtue of having failed to file nomination papers for his party members seeking to contest for public offices on time.
The judge noted that he did not have the jurisdiction to deal with the matter.
"I am satisfied that the nomination papers were not in order by virtue of the failure to pay the nomination fees.
"In my view the failure to pay at the same time as the submission of the nomination papers," he said.
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The judge added there is nothing precluding the parties to approach the registrar and requesting that the appeal be heard on an urgent basis.
"Given the urgency, I do not believe that there will be any substantial delay under EC8/22.
"Having upheld the argument of lack of jurisdiction, I will not address the other points. I will strike the matter off the roll with no order as to costs," he ruled.
Earlier this week the candidates also filed a second application before the court seeking the same relief.
During the hearing, ZEC through its attorney, Tawanda Kanengoni argued that the urgent application was redundant as the appeal filed by the candidates was seeking the same relief.
Kanengoni also argued that the court did not have the jurisdiction to deal with the application; it did not fall under the provisions of section 46(19) of the Electoral Act.
"The remedy created for the challenge sought by this application is one of an appeal not of an urgent application.
"The application cannot be entertained by this court. The application is made by the MDC. It is not made by any candidates. The right under s46 (19) of the Electoral Act is afforded to the candidate not the political party. The party has no right to challenge the nomination of candidates," he said.
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MDC, through its attorney Lovemore Madhuku argued that the application was properly before the court as the Electoral Act allowed the court to deal with any matter relating to elections.
"Here you have a political party and the route that they take is properly provided for. Section 46 (19) says a nomination paper is rejected (10) or declared void (subsection 16). That Section is triggered if a nomination paper has been rejected under subsection 10. Section 46(19) must be restricted to its provisions.
"I do not think the legislature says the only complaint that can be taken to the court relates to a complaint about the rejection of a nomination application. The electoral court must deal with all electoral matters. Section 161 says that this court cannot try criminal cases. That exclusion must be the only exclusion that is allowed."
The judge said there would be no prejudice against either party as the issues raised by MDC, which concern the candidates, would be dealt with in the hearing of the appeal.
