Legal challenge in Victoria Falls by-election over payment of rates

Victoria Falls Ward 1 candidate for Zanu-PF, Tonderai Mutasa, has filed a legal challenge with the Electoral Court, disputing the nomination of independent candidate Ephias Mambume, who is widely seen as a supporter of CCC leader Nelson Chamisa. Mutasa's objection is based on allegations that Mambume is in arrears on local rates payments.

Mutasa claims Mambume owes ZWG 103,039 and USD 7,127.50 on one property and an additional USD 5,160 on a second property. He contends that these defaults disqualify Mambume under Section 119(2)(h)(i) of the Electoral Act, which bars candidates who have been in default on rates or water charges for over 120 days. Mutasa's petition names Sitembile Mlilo (the presiding officer of the Nomination Court), the Zimbabwe Electoral Commission (ZEC), and Mambume as respondents.

"Mambume was disqualified from nomination by operation of law due to default on payment of rates and water charges for stand number 9401 Mkhosana and stand 1658 BB7, both in Victoria Falls, where he has been in arrears for over 120 days," Mutasa's application states.

Mutasa seeks a court order to invalidate Mambume's nomination, arguing that this would automatically declare him the Ward 1 councillor. His appeal follows the Nomination Court's decision on October 15, 2024, to accept Mambume's papers despite these alleged defaults.

The controversy surrounding Mambume's candidacy has roots in prior political clashes. In September, Victoria Falls residents protested CCC leader Nelson Chamisa's perceived interference in local council leadership selections, alleging that he had attempted to impose Mambume as mayor over popular local candidates. During a council meeting to elect a new mayor and deputy, residents opposed the process, alleging Chamisa's ally, former Bulawayo Deputy Mayor Donaldson Mabutho, was pushing for Mambume's election.

Despite Chamisa's backing, the council ultimately selected Prince Thuso Moyo as mayor over Mambume, who has since been recalled twice by CCC Secretary General Sengezo Tshabangu. This dispute set the stage for the November 30 by-election in which Mutasa and Mambume are now competing.

The legal challenge adds a new layer of complexity to the upcoming by-election, as Mutasa's case underscores ongoing tension between Zanu-PF and CCC-aligned candidates and questions surrounding candidate eligibility. The court's decision on this case could have significant implications for both local governance in Victoria Falls and the political landscape in the city.