The High Court has barred recalled Citizens Coalition for Change (CCC) MPs from contesting in Saturday's by-election, ruling acceptance of their candidature by the Nomination Court was unlawful.
In a brief judgement, Judge Never Katiyo said 22 respondents from Matebeleland Province will not be contesting on Saturday.
Opposition Mabvuku-Tafara candidate Munyaradzi Kufahakutizwi will however contest against Zanu PF's Pedzai 'Scott' Sakupwanya after he was excluded from the present application.
Tshabangu's lawyer Nqobani Sithole said ''We only dealt with the names which our client provided us. I don't know he (Kufahakutizwi) was not on the list.
''We don't interrogate our client. We only take instructions''
Katiyo has not yet given full reasons for his ruling.
His brief court order reads, ''Whereupon after reading documents filed of record and hearing counsel it is ordered that: the decision of the Nomination Court sitting at Harare, Bulawayo, Gwanda, Lupane and/or any other location around the country on 7 November 2023 to accept the nomination papers and candidature of 1st to 22nd respondents for election in the by-elections set to be conducted on 9 December 2023 is unlawful, of no force and effect and hereby set aside.
''That 1st to 22nd respondents are not candidates for election in the by-elections scheduled to be conducted on 9 December 2023.
''That 23rd and 24th respondents shall not include the names of 1st to 22nd respondents in the preparation of ballot papers to be used in the by-elections scheduled to be conducted on 9 December 2023.''
Katiyo also ordered that the recalled MPs seconded by Chamisa be interdicted from representing or holding themselves out to the general public and electorate in the constituencies concerned or any other place in Zimbabwe, whether physically or through any form of media, as candidates for election in by-elections scheduled to be held on 9 December 2023.
He also slapped them with costs.
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