Court sets aside ZEC nomination fees
Grace Moyo
The Constitutional Court has ruled against the steep Zimbabwe Electoral Commission’s gazetted 2023 harmonized election candidates’ nomination fees and ordered parliament to within seven days, review the nomination fees for the upcoming harmonised elections.
ZEC by operation of Statutory Instrument 144 of 2022, had imposed a USD $20 000 fee for presidential candidates, and USD $1 000 for those vying for parliament while those eyeing council seats were charged $100.
The ruling was made following a challenge against the nomination fees by Devine Mhambi Hove, of the opposition National Alliance of Patriotic and Democratic Republicans (NPDR).
Prof Lovemore Madhuku who represented Hove argued that the gazetted exorbitant fees violated section 67 of the constitution which provides for political rights of citizens, including the right to “stand for public office.”
“Parliament failed to fulfil its constitutional obligation in one or two ways. If it turns out that Statutory Instrument 144 of 2022 did not go through the procedure in section 152(3)(c) of the constitution, that would be a textbook failure to fulfil a constitutional obligation.
Secondly, and as an alternative, if Statutory Instrument 144 of 2022 went through the procedure in 152(3)(c) of the constitution, the fact that parliament did not consider that it infringed the rights of citizens provided for and protected by section 67 of the constitution is evidence of failure to ‘examine’ and ‘consider’ within the contemplation of the constitution,” argued Hove through his lawyer.
Led by Justice Elizabeth Gwaunza, the judges agreed with Hove that parliament had failed to examine the statutory instrument to ensure that it did not violate the constitution.
The ruling will come as a relief to opposition parties that have been lobbying for a downward review of the fees.
MDC-T leader Douglas Mwonzora had blamed the ruling Zanu PF for the pricy fees, alleging that it was part of its strategy to keep the opposition from contesting.
“That is a lot of money under these circumstances but the motivation is to stop people from contesting that is Zanu PF for you because Zanu PF is paying for all its candidates,” he said in an interview with CITE.
The main opposition Citizens Coalition for Change is on record saying it needed close to 244 000 to field all candidates for the upcoming election.
When we did our calculations, we realised that we need around USD$ 244 000 to just field candidates all over the country. That is unsustainable. We are supposed to be a multiparty democracy and if as parties, we are not able to field candidates throughout the country, then we cease to be a multiparty democracy.
Our constitution says every citizen has a right to vote and be voted for. If I don’t have the $20 000 nomination fee, I cannot contest and that is an infringement on my right to be voted for. We are calling on Zec to review the nomination fees,” said Ellen Shiriyedenga, CCC’s Deputy Elections Secretary.
Parliament must come up with a new nomination fees structure by 16 June. Zimbabweans goes to the polls on August 23 this year.
