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An urgent court application challenging the constitutionality of Sections 2(a) and 2(b) of the Electoral (Nomination of Candidates) (Amendment) Regulations, 2022 (No. 1) Statutory Instrument 144 of 2022 filed yesterday, the 19th of June 2023 is before the Constitutional Court.
Advocate Choice Damiso instructed by the Women and Law in Southern Africa (WLSA) is representing the 3 applicants, Linda Masarira, a prospective candidate for the 2023 harmonised elections under the Labour Economists and Afrikan Democrats (LEAD) political party, Tendai Lynnet Mudehwe, a prospective independent Member of Parliament (MP) candidate for Dangamvura constituency and the Institute for Young Women’s Development (IYWD), an organisation which promotes the active participation of young women and women in leadership acting in the interest of the public.
According to Statutory Instrument (SI) 144 of 2022, the Zimbabwe Electoral Commission, with approval of the Minister of Justice, Legal and Parliamentary Affairs, hiked the nomination fees required for both the presidential and constituency Member of Parliament candidates for election by a record high 1900%, from US$1000.00 to US$20000.00 and US$50.00 to US$1000.00 respectively
In papers filed with the Constitutional Court, the applicants contend that the prescribed nomination fees are grossly unreasonable and arbitrary to such an extent they amount to a violation of the right to stand for public office and the right to equality and non-discrimination protected under sections 67 (3)(b) and 56 of the constitution respectively.
Their plea is for the court to declare sections 2(a) and 2(b) of the Electoral (Nomination of Candidates) (Amendment) Regulations, 2022 (No. 1) Statutory Instrument 144 of 2022 null and void and of no force and effect.
Accordingly, they want the court to order the Minister of Justice, Legal And Parliamentary Affairs and the Zimbabwe Electoral Commission (ZEC) cited as the 1st and 2nd respondents respectively to urgently consult with the Minister of Women Affairs, Community, Small, and Medium Enterprises Development, Minister of Finance And Economic Development, the Zimbabwe Gender Commission, the Zimbabwe Human Rights Commission and the Attorney General Of Zimbabwe who are also cited as respondents and within 24 hours, publish an amendment to the Electoral (Nomination of Candidates) (Amendment) Regulations, 2022 (No. 1) Statutory Instrument 144 of 2022 prescribing reasonable nomination fees
In the case of failure by the 1st and 2nd respondents to comply, the applicants want the court to order the Zimbabwe Electoral Commission (ZEC) to apply the nomination fees prescribed in sections 3(1) (a) and (b) of the Electoral (Nomination of Candidates) Regulations, 2014; Statutory Instrument 153 of 2014 which prescribes US$50.00 and US$1000.00 for the prospective MP and Presidential candidates respectively.