Chamisa's candidate disqualified from Victoria Falls by-election

The independent candidate for the upcoming Victoria Falls council by-election, Ephias Mambume, has been barred from contesting after a court ruled that he was ineligible due to unpaid council rates. The decision comes less than two weeks before the 30 November by-election, dealing a blow to Mambume's campaign and raising questions about election readiness and compliance.

The court's ruling followed a petition filed by the ZANU PF candidate, who alleged that Mambume had been in default on council levies for over 120 days. Under Section 119(2)(h) of the Electoral Act, a candidate is disqualified from nomination or election as a councilor if they owe any rates, taxes, or levies to the council and have been in default for more than 120 days as of the nomination or election day.
Court's Judgment

In a detailed judgment, the court highlighted the clarity of the law, stating that the relevant statutory provisions were straightforward and left no room for interpretation.

“The issue is whether the respondent is disqualified under Section 119(2)(h) of the Electoral Act. The provision explicitly disqualifies individuals who are in default of council payments for over 120 days from being nominated or elected as councilors,” the ruling stated.

Citing precedents, the court emphasized that statutory words must be given their “ordinary grammatical meaning,” underscoring that Mambume's failure to meet his financial obligations rendered him unqualified to stand in the election.
Background and Fallout

Mambume had successfully filed his nomination papers earlier this month, positioning himself as a key contender for the council seat. His campaign had reportedly garnered significant support, with opposition leader Nelson Chamisa indirectly endorsing his candidacy despite Mambume running as an independent. However, his candidacy was contested in court shortly after the nomination court convened on 15 November 2024.

The ruling marks a significant victory for the ZANU PF candidate, who now faces reduced competition in the race. For Mambume, the disqualification ends what could have been a promising bid, amid growing scrutiny over compliance with electoral requirements.
Legal and Political Implications

The disqualification has reignited debates about the stringent application of electoral laws in Zimbabwe. Critics argue that disqualifications based on financial defaults disproportionately affect independent and opposition-aligned candidates, many of whom lack resources to meet such obligations.

Supporters of the ruling, however, maintain that upholding the law ensures fairness and accountability in governance. “This decision reinforces the importance of financial discipline and integrity for individuals seeking public office,” said one political analyst.

The Victoria Falls by-election will proceed on 30 November, with the disqualification narrowing the field of candidates. As the political landscape shifts, the decision underscores the critical intersection of legal compliance and political ambition in Zimbabwe's electoral process.