News / National
Court disqualifies Chamisa's candidate over unpaid council bills
21 Nov 2024 at 06:23hrs | Views
The High Court has disqualified independent candidate Mr. Ephias Mambume from contesting the November 30 Victoria Falls City Council Ward 1 by-election, following an electoral petition filed by Zanu-PF candidate Tonderai Mutasa.
Bulawayo High Court Judge Justice Bongani Ndlovu ruled that Mr. Mambume's failure to settle outstanding council rates and water charges for his properties rendered his nomination invalid under the Electoral Act.
Ruling Details
Justice Ndlovu declared ZEC's decision to accept Mr. Mambume's nomination papers as unlawful, citing arrears exceeding US$17,000 owed to the Victoria Falls City Council. The court ruling automatically declared Mutasa as the duly elected councillor for Ward 1, as he was the only other candidate in the race.
"It is ordered that the third respondent [Mr. Mambume] was disqualified from nomination as a candidate by operation of law in that he was in default with the payment of water and rates charges for over 120 days, a violation of the Electoral Act," said Justice Ndlovu.
The court also ruled that the presiding officer of the nomination court, Ms. Sitembile Mlilo, erred in allowing Mr. Mambume's nomination, infringing on Mutasa's constitutional rights.
Electoral Dispute
Mutasa's challenge, filed through Ncube and Partners, was based on evidence that Mr. Mambume owed ZWG 103,039 and US$7,127.50 on one stand, and US$5,160 on another, accumulating to over US$17,500 in arrears.
In his defense, Mr. Mambume disputed the claims, stating he had provided fiscalised receipts proving payment of the alleged arrears. He accused his opponents of orchestrating a smear campaign to block his re-election bid.
"I have approached the Supreme Court because the decision of the lower court is shockingly at variance with the facts of the matter," Mr. Mambume said. "I will continue canvassing for votes because I am confident my appeal to the Supreme Court will succeed."
Political Background
Mr. Mambume, previously a Citizens Coalition for Change (CCC) councillor for Ward 1, was recalled by the party's interim secretary-general, Mr. Sengezo Tshabangu. He later chose to contest the by-election as an independent candidate.
During his tenure, Mr. Mambume served as chairman of the Council Finance Committee. However, allegations of unpaid council bills have marred his re-election bid.
Victoria Falls town clerk Mr. Ronnie Dube confirmed that the local authority is investigating Mr. Mambume's arrears.
Implications
The ruling has sparked debate over the application of electoral laws and the role of local government accountability in elections. While Mutasa prepares to assume his duties as councillor, the Supreme Court appeal lodged by Mr. Mambume could add a twist to the unfolding political drama.
For now, the decision underscores the importance of compliance with local government obligations for electoral candidates, setting a precedent for future cases.
Bulawayo High Court Judge Justice Bongani Ndlovu ruled that Mr. Mambume's failure to settle outstanding council rates and water charges for his properties rendered his nomination invalid under the Electoral Act.
Ruling Details
Justice Ndlovu declared ZEC's decision to accept Mr. Mambume's nomination papers as unlawful, citing arrears exceeding US$17,000 owed to the Victoria Falls City Council. The court ruling automatically declared Mutasa as the duly elected councillor for Ward 1, as he was the only other candidate in the race.
"It is ordered that the third respondent [Mr. Mambume] was disqualified from nomination as a candidate by operation of law in that he was in default with the payment of water and rates charges for over 120 days, a violation of the Electoral Act," said Justice Ndlovu.
The court also ruled that the presiding officer of the nomination court, Ms. Sitembile Mlilo, erred in allowing Mr. Mambume's nomination, infringing on Mutasa's constitutional rights.
Electoral Dispute
Mutasa's challenge, filed through Ncube and Partners, was based on evidence that Mr. Mambume owed ZWG 103,039 and US$7,127.50 on one stand, and US$5,160 on another, accumulating to over US$17,500 in arrears.
In his defense, Mr. Mambume disputed the claims, stating he had provided fiscalised receipts proving payment of the alleged arrears. He accused his opponents of orchestrating a smear campaign to block his re-election bid.
"I have approached the Supreme Court because the decision of the lower court is shockingly at variance with the facts of the matter," Mr. Mambume said. "I will continue canvassing for votes because I am confident my appeal to the Supreme Court will succeed."
Political Background
Mr. Mambume, previously a Citizens Coalition for Change (CCC) councillor for Ward 1, was recalled by the party's interim secretary-general, Mr. Sengezo Tshabangu. He later chose to contest the by-election as an independent candidate.
During his tenure, Mr. Mambume served as chairman of the Council Finance Committee. However, allegations of unpaid council bills have marred his re-election bid.
Victoria Falls town clerk Mr. Ronnie Dube confirmed that the local authority is investigating Mr. Mambume's arrears.
Implications
The ruling has sparked debate over the application of electoral laws and the role of local government accountability in elections. While Mutasa prepares to assume his duties as councillor, the Supreme Court appeal lodged by Mr. Mambume could add a twist to the unfolding political drama.
For now, the decision underscores the importance of compliance with local government obligations for electoral candidates, setting a precedent for future cases.
Source - The Herald
