Africa-Press – Zimbabwe. The High Court has rejected the opposition Citizens Coalition for Change’s (CCC) application to compel the Zimbabwe Electoral Commission (ZEC) to release the final voters’ roll, stating that the matter is not urgent.
The Demands:
On August 10, 2023, the Nelson Chamisa-led party wrote a letter to ZEC, demanding an updated voters’ roll and a comprehensive list of polling stations. In a letter seen by Pindula News, the party expressed concerns about discrepancies in the voters’ roll and the list of polling stations for the upcoming elections. They highlighted issues such as abbreviated and altered polling station names, inconsistencies in ward allocation, and changes in the number of polling stations. They urgently demanded an updated voters’ roll that adheres to the Electoral Act, including all polling stations, accurate names, and correct ward allocations. The party said failure to address these concerns within 48 hours may result in legal action, jeopardising the integrity of the electoral process.
This was after ZEC last week released 12,370 preliminary polling stations for the upcoming harmonised elections set for August 23. This represents an increment of 869 polling stations compared to the previous announcement on July 2, which indicated a total of 11,501 polling stations. CCC and other stakeholders voiced concerns over ZEC’s choice to withhold the publication of the polling station codes.
Legal Action:
CCC eventually took legal action by approaching the High Court. In their comprehensive 46-page court application, they explicitly requested that ZEC fulfils its legal obligation by releasing the voters’ roll. But Justice Katiyo ruled that the matter was not urgent. Justice Katiyo ruled:
WHEREUPON, after reading documents filed of record
IT IS ORDERED THAT:
The matter is not urgent.
CCC Response:
In response to the judgment, Fadzayi Mahere, the CCC’s national spokesperson, expressed disappointment. The party has since requested a meeting with Justice Katiyo who ruled that its application for a copy of the final voters’ roll and details of final polling stations wasn’t urgent. Through its lawyers, Mtetwa and Nyambirai, the party said:
RE: CITIZENS COALITION FOR CHANGE & ANOTHER V ZIMBABWE ELECTORAL COMMISSION & 2 OTHERS REQUEST FOR AUDIENCE ON THE QUESTION OF URGENCY
We represent the Applicants in the abovementioned matter.
We received a telephone call from the Deputy Registrar at 12:31 pm on 14th August 2023 advising that the abovementioned matter had been placed before the Honourable Justice Katiyo who directed that the matter be deemed Not Urgent” and removed from the urgent roll.
We write to kindly request audience before the judge on the question of urgency Please kindly place this letter before the judge.
Journalist Hopewell Chin’ono responded to Justice Katiyo’s ruling, expressing concerns in an open letter to election observers. He questioned how the matter of accessing the voters’ roll could be deemed non-urgent, as it is a fundamental aspect of the forthcoming election, potentially impacting its credibility and fairness.
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