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HomeElections In Zimbabwe

Voter Approaches Courts To Prevent Raj Modi From Running For MP

1 year agoTue, 01 Aug 2023 17:35:54 GMT
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Voter Approaches Courts To Prevent Raj Modi From Running For MP

A registered voter has filed an application with the Bulawayo High Court to prevent incumbent legislator and ZANU PF candidate Raj Modi from running for Member of Parliament in Bulawayo South. The applicant argues that Modi filed his nomination papers after the 4 PM deadline, contravening the Electoral Act.

Some context:

The case comes amid the ongoing controversy surrounding the disqualification of 12 parliamentary candidates from the opposition Citizens Coalition for Change (CCC) in Bulawayo. High Court Judge Bongani Ndlovu disqualified the candidates, ruling that they had contravened the Electoral Act by submitting their nomination papers through a police officer on June 21, when the Nomination Court sat.

High Court Judge Nokuthula Moyo delivered the ruling on behalf of Justice Ndlovu, disqualifying the CCC candidates and three other candidates from different political parties. Said Justice Ndlovu said:

We now know that a Police Officer collected the nomination papers from the candidates. The Applicants’ case is that the Respondent (CCC candidates) violated the law. I have also been moved by both sides of the bar, to give Section 46 (7) and (8) of the Act the golden rule of interpretation. The Nomination Court closed at 4 pm. Once it closed it was no longer sitting in open court and by the time the respondents sat before him they were not doing so in open Court. The separation of the papers from the Respondents through the medium of the Police Officer was unlawful. The statute says the candidate or his/her agent must be in court and ready to submit at 4 pm. It does not say that the candidate’s papers alone must be in the courtroom.

The 1st Respondent, therefore, violated the provisions of the electoral Act in that regard as he also did close to midnight when he adjourned to 22 June 2022.

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Not About Late Submission:

ZEC officers who were assessors of the Nomination Court which sat on the 21st of June 2023 at Tredgold Magistrates Court, testified in court that every candidate on the government gazette, including CCC and ZANU PF candidates, submitted their nomination papers on time. ZEC official, Pretty Gadzikwa, stated that the nomination officer, Mr I. Ncube, announced the court was closing at 4 pm on 21 June and instructed the police to collect all nomination papers from aspiring candidates outside the courtroom. In her affidavit, Gadzikwa added that processing of the nomination papers continued until midnight, with the times shown on the submission form indicating when individual forms were completely processed. She said:

1. On the 21st of June 2023 at 15:55 hrs the Nomination Officer, Mr. I. Ncube announced that the court was about to close at 16:00ho. He went on to instruct the police officer manning the door to collect all Nomination papers from the aspiring candidates who were outside the Courtroom. The Courtroom was very small and could only allow batches of fifteen (15) people at a given time.

2. After collecting all the Nomination forms outside, the police officer brought them before the Nomination officer’s desk. The nomination officer at 1600hrs announced that the court was now closed for new nomination papers to be submitted.

3. Processing all nomination papers on the nomination officer’s desk was done up to midnight when results were announced. The times shown on the form written Submission Form were times when Individual forms were completely Processed.

The CCC has since appealed against the High Court decision which means the ruling is suspended until a determination is made by the Supreme Court.

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38 Comments

Nimrod · 1 year ago
The supreme court did the sensible thing and reinstated the nomination of CCC parliamentary candidates
...... · 1 year ago
kwasara kasukuwere tomuda futi muring kusakwata kwake ndokwandoda mabully tactics haasi kushanda kwaari
Anonymous · 1 year ago
Is it true
Lion · 1 year ago
all CCC supporters should vote an an alternative person from any other party which is not zanu pf kana zve court zvaramba.they should again support those three candidates vakaita kuti kuve ne double candidates in byo just to deny zanu pf dominance in byo .it will work and they will not work kkkkk
Badman · 1 year ago
Kwasara 55Mps dze Zanu to be disqualified
Maparamuro · 1 year ago
This is what intelligent people do not grandstanding on social media. Unfortunately though it's only one out of the 12 in Bulawayo. If Modi is disqualified it will leave zanupf with 11 constituencies still. Idhi can sacrifice Modi, have him disqualified by the courts knowing he has the majority of the seats in the province. Already there are 3 which will go to zanupf uncontested so it's still an uphill task
_ · 1 year ago
Picture manyama, face kunge damba kudaro
Joe · 1 year ago
This time makwikwi,
Dr Kafera · 1 year ago
As Dr Psych l have come to an understanding that little @Fugu pfeee's problem is not patriotism he mistaken to think it is. That credulity he programmed himself or must l say poor-idio'tic mindset of his is based on his left frontal hemisphere, according to my letralisation
not really · 1 year ago
you cannot celebrate a court challenge filed out of time.Imbwá dze CCC you have a limited understanding of the weightier matters of jurisprudence
Starbuck · 1 year ago
ko vaye vainzi vakaendesa mapepa after 4 vezanu how did it go it is said they were about 56 or so
...... · 1 year ago
ndodzakufambirwa muhommad musa uyu ndiye example, hanzi what is good for the goose is good for the grande hameno zvorevei, chegore rino
Ma_3Elvi · 1 year ago
😆😆😆😆😆hamupikichananyama
Anonymous · 1 year ago
Chaka · 1 year ago
Ngaadzokere ku nyika kwake muno tinoda ma investors only .
Dladla · 1 year ago
Modi is a zimbabwean
fugu pfeee · 1 year ago
picture manyama 🤣
strategic jonso genius · 1 year ago
ZANU PF Chiba this case is a ZANU PF elections strategy class one . we are on top of the situation it's game on the ZIMBABWE AFRICAN National Union People are in the driving seat pamberi ne ZANU PF
Jonso Moyo · 1 year ago
Saka Cde hamuzivi kuti ZANU PF zvinoreva chii?
...... · 1 year ago
kkkkk ndaseka zvangu
Raji Modi · 1 year ago
ZANU handitoidiwo but kungoda Mari chete otherwise ndogona kutovhotera Chamisa team rangu
🧐🤔🙄 · 1 year ago
Ichowo chirungu chamavekuimbisisa muchiti CAPTURED JUDICIARY ITS INSULTATIVE TO THE VERY PEOPLE STANDING FOR YOUR CASES, and ka ruling yemutongo uchaitwa would cast your appeals to the gutter nokuti how would you expect a favourable ruling when you call our judiciary names Respect the law abiding citizenry
bhobhojani bhadhiza · 1 year ago
uyo ndiye abhaiza manje kunama chigamba neurimbo iwe uchinobika Doro ramatanda, Zanu yavakutotora uyu semukana wayo ,uyu Mp achanzi zvaakaita handizvo zvichaita kuti bato reCCC ripere Simba pane vavo asi pakupedzisira machinjanisa mombe nengarikuni
kloe · 1 year ago
the election mode is now interesting zvirikunakidza zvekutodaro let's see how the captured judiciary will do ha ha ha ha ha wazvitema gumbo ed uchida kutema umwe tsvatu waro
Fugu Shweeee · 1 year ago
I will be filing a notice of appeal against ED's nomination papers at ConCourt on Sunday at noon.
· 1 year ago
haa kushura chaiko,hameno regai tigoona,veduwee ndaseka nhasi.ndapihwa mbeu yemuruwo rape netsunga.hanzi baba vati mudyare mugovavhotera🤣🤣🤣🤣
uGatsheni boya beNyathi · 1 year ago
it was a 2 horse race in Byo South btn CCC & Zanu nw if they are both disqualified we might c more petitions from residents demanding representation in parliament. Zec knows better but erection ye gore ine zvairi kushura chete.
Champion · 1 year ago
Dindingwe rinonaka richakweva rimwe. Kana rokwehwa iro roti mavara angu azarevhu. Tit for tat is fair play.
fugu pfeee · 1 year ago
oane atibmavara azara ivhu here. mutemo mutemo unofanira kutedzerwa.
Anonymous · 1 year ago
True
Anonymous · 1 year ago
Kanti @Firimoni Fugu pfeee unom**** seiko iwe? Iphone yaunoshandisa here kana kuti unenge uchimhanya? Unomhanyireyi kunge zvinonzi unenge uchinyora zvinemusoro?
Anonymous · 1 year ago
No problem, if proved, Modi must be disqualified nomatter kuti ndewe ZANU PF. The law is the law.
Dzingai N · 1 year ago
yes law is law ,if it's proven

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