Zec in fix as jailed MDC councillor resurfaces

THE Zimbabwe Electoral Commission (Zec) is in a dilemma after Mutasa Central ward 10 councillor Frank Chitembwe (MDC), whose seat was declared vacant following his incarceration for public violence, resurfaced this week after being granted bail pending appeal.

His party now wants the results of the nomination court, which sat last week and selected candidates for the by-election, to be set aside.

MDC Manicaland provincial spokesperson Trevor Saruwaka said they would appeal to the electoral court to reverse the results of the nomination court.

"We are going to appeal to the electoral court urgently to seek an order to reverse the results of nomination court and declare Chitembwe the sitting councillor for ward 10," he said

Chitembwe, who was recently slapped with a two-year jail term for taking part in the January 14-16 shutdown by blocking roads, on Monday successfully applied for bail pending appeal at the High Court.

The ex-councillor and another party activist, Job Kusano, were granted $300 bail each following an application by their lawyers Christopher Ndlovu and David Tandiri.

Chitembwe was released after the nomination court sat last week to select candidates to contest in the May 12 by-election to fill the position.

The three candidates who successfully filed their nomination papers are Tanyaradzwa Rose Mukodza (MDC), Magret Tindika of Zanu-PF and Tanyaradzwa Justin Chirimo of NCA
Saruwaka added that the MDC Alliance candidate, Mukodza, was ready to step down for Chitembwe.

"We are not in a dilemma. Our candidate is fully aware that should the appeal succeed, she will happily give way to councillor Chitembwe," he said.

"If the appeal fails, we contest and an MDC councillor will win. So there is no dilemma on our part. It is actually a nightmare for Zanu-PF because it's a lose-lose situation for them. Whichever way, the seat will remain in the hands of the MDC."