The High Court has reversed the cancellation of by-elections in MDC Alliance-turned-Citizens-Coalition-for-Change (CCC)’s Tendai Biti and five other party MPs’ constituencies, presenting further confusion to the politicians’ parliamentary recall saga.
This follows a challenge filed against the Zimbabwe Electoral Commission which declared the seats would not be among those to be contested against March 26 this year.
In the interim order issued, the High Court ordered that, “The 1st respondent’s purported notice of cancellation of the nomination Court for Nkulumane Constituency, Mbizo Constituency, Kambuzuma Constituency, Mutasa South Constituency, Pumula Constituency and Harare Constituency be and is hereby set aside.
“The nomination Court process should proceed as per the proclamation by the President of the republic of Zimbabwe.”
However, ZEC declared the order was not actionable as the nomination court sat this Wednesday and has closed proceedings.
“This court order was served at 1655hrs after the nomination courts had closed & it became a legal impossibility to implement. Nomination courts close at 1600hrs in terms of the law.@ZECzim will be guided on way forward by legal instruments/orders to be issued in terms of the law,” ZEC said via its twitter handle Wednesday.